Cases Exempted from Work Permit in Vietnam

Vietnamese law stipulates that foreign workers working in Vietnam must obtain a work permit, except in certain special cases where foreign workers are exempt from applying for a work permit but are still permitted to work in Vietnam. Correctly identifying cases exempted from work permits in Vietnam helps businesses and workers comply with the law and avoid legal risks. In the following article, Viet An Law would like to provide customers with cases exempted from work permit in Vietnam.

Cases exempted from work permit in Vietnam

(According to Article 7, Decree 219/2025/ND-CP)

Cases specified in the Labor Code

1. Is the manager of a representative office, project, or the person in charge of the operation of an international organization or a foreign non-governmental organization in Vietnam.

2. Enter Vietnam for a period of less than 03 months to do marketing of a service.

3. Enter Vietnam for a period of less than 03 months to resolve a complicated technical or technological issue that affects or threatens to affect business operation and cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.

4. A foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.

5. In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.

6. Get married to a Vietnamese citizen and wish to reside in Vietnam.

Additional cases specified according to Decree 219/2025/ND-CP

7. Owners or capital contributors with a capital contribution value of VND 3 billion or more in a limited liability company.

8. Chairman of the Board of Directors or Board members with a capital contribution value of 3 billion VND or more in a joint-stock company.

9. Enters Vietnam to provide consulting services on expertise and technology or to perform other tasks serving ODA programs and projects according to international treaties.

10. Foreign journalists engaging in press activities confirmed by the Ministry of Foreign Affairs.

11. Teach or work as a manager or CEO at educational institutions established upon the request of foreign diplomatic missions or intergovernmental organizations in Vietnam.

12. Foreign students or trainees studying at educational institutions in Vietnam or foreign countries who have an internship agreement or a job offer letter from an employer in Vietnam; or interns or apprentices on a Vietnam sea-going ship.

13. Family of members of foreign representative bodies in Vietnam who are authorized to work in Vietnam under international treaties

14. Hold an official passport and work for state agencies, political organizations, or socio-political organizations.

15. Responsible for establishing a commercial presence.

Other specific groups

16. Volunteers who do voluntary and unpaid work to execute international treaties and have confirmation from a foreign diplomatic mission.

17. Enter Vietnam to execute international agreements signed by central or provincial agencies or organizations under the law.

18. Managers, executives, professionals, and technical workers working:

• Entering Vietnam to work for a total period of less than 90 days within one year, from January 1 to December 31.
• To be an intra-company transferee within a foreign enterprise that has established a commercial presence in Vietnam

19. Certified by the Ministry of Education and Training to enter Vietnam for teaching, researching, and transferring international education programs, or acting as principals, or vice principals of educational institutions.

20. Certified by ministries, ministerial agencies, or provincial People’s Committees to enter Vietnam to work in finance, science, technology, innovation, national digital transformation, or priority socio-economic development sectors.

Practical notes

• Entities that are exempt from work permits must still complete the “confirmation of non-issuance” procedure at the Department of Home Affairs before starting work.
• This confirmation is valid for a maximum of 02 years and can be extended once for an equivalent period.
• Documents include:
• Request for confirmation;
• Documents proving eligibility for a permit exemption (depending on each case);
• Copy of passport, photo, and labor contract (if any).

Authority to issue confirmations of exemption from work permit requirement

According to Article 4 of Decree 219/2025/ND-CP, from 2025, the authority to issue confirmations of exemption from work permit requirements belongs to the Provincial People’s Committee where the foreign worker is expected to work or where the employer is headquartered.

The provincial People’s Committee shall decide the delegation of powers to competent authorities to perform this task, such as the Department of Home Affairs or other agencies, as prescribed by law.

Applications for the issuance of confirmations

According to Article 8, Decree 219/2025/ND-CP, applications for issuance of confirmations of exemption from work permit requirement include:

• Application form for issuing confirmations of exemption from work permit requirement using Form No. 01 attached hereto;
• Medical examination report issued by a qualified medical establishment;
• 02 color photos (size 4 cm x 6 cm, white background, facing forward, head uncovered, and no glasses);
• Unexpired passport;
• Document proving that the foreign worker is exempt from the requirement for a work permit, which is one of the following:
• A written document issued by a competent authority as prescribed by law;
• A written document from the foreign employer that sends the foreign worker, accompanied by an agreement or international treaty to which the Socialist Republic of Vietnam is a signatory;
• A written document proving the status as a manager, CEO, expert, or technical worker.

Procedures for issuing confirmations of exemption from the work permit requirement

(According to Articles 10 – 13, Decree 219/2025/ND-CP)

Validity period of confirmations

Employers must submit applications for issuance of confirmations of exemption from work permit requirements:

• Within 60 days and no less than 10 days before the date the foreign worker is expected to start working.
• If the application is submitted later than the deadline, the competent authority has the right to refuse to accept the application.

Application Form

• Submit directly at the Public Administration Service Center in the province or city where the foreign worker is expected to work (usually under the Department of Home Affairs)
• By post
• Via a service provided by an enterprise or individual to carry out the confirmation procedure.
• Legally authorize another person to submit on your behalf (must have a power of attorney or service contract attached).

Online case

• You can submit your application via the National Public Service Portal at: https://dichvucong.gov.vn
• Or via the Ministry of Home Affairs’ Public Service Portal at: https://dvc.vieclamvietnam.gov.vn

Resolution sequence

Competent authority

• Department of Home Affairs of the province where the foreign worker is expected to work.
• For projects in industrial parks, export processing zones, high-tech zones → can authorize the Management Board of Industrial Parks, Export Processing Zones, High-Tech Zones to implementation.

Validity of the Confirmation

• Valid for a maximum of 02 years, in accordance with the term of the labor contract or the decision to send to Vietnam.
• Renewable once, but not exceeding 02 years if the exemption conditions are still met.

Practical notes

• If the employee is under an intra-company transfer program, it is necessary to attach a confirmation application from the parent enterprise abroad.
• In cases of working less than 90 days/year, it is still necessary to carry out the procedure to request confirmation of exemption, but the applications are not completely exempted.
• It is recommended to submit the applications early (30-45 days before the expected working day) to process in time and avoid the risk of delay.

How to renew permits?

Applications for renewal

• Application form for renewing confirmations of exemption from work permit requirement using Form No. 01 attached hereto;
• Medical examination report issued by a qualified medical establishment;
• Unexpired confirmation of exemption from work permit requirement;
• Unexpired passport;
• Document proving that the foreign worker is exempt from the requirement for a work permit, as in the case of a new one.

Time for renewal

At least 10 days but no more than 45 days before the expiration of the confirmation of exemption from the work permit requirement,

Procedures

The process for processing and resolving applications for renewal of confirmations of exemption from work permit requirements is the same as the process for new issuance.

Validity period of confirmations of exemption from the work permit requirement

The validity period of confirmations of exemption from work permit requirement shall be the same as that of one of the following documents, but not exceeding 02 years:

• The employment contract is to be signed.
• The document from the foreign party on sending the foreign worker to work in Vietnam;
• The contract or agreement signed between Vietnamese and foreign partners, or between Vietnamese partners;
• The document from the service provider on sending the foreign worker to Vietnam;
• The business license, establishment license, or operation license of the agency, organization, or enterprise;
• The document of the service provider sending foreign workers to Vietnam to establish a commercial presence;
• The document from the foreign party on sending the foreign worker according to international agreements or treaties to which the Socialist Republic of Vietnam is a signatory, or international agreements signed by central or provincial agencies or organizations.

In case of renewal, the validity period of confirmations of exemption from work permit requirement shall be extended according to the validity period of the above cases but shall only be extended once, with a maximum period of 02 years.

How to handle confirmations of exemption from work permit requirements issued before August 7, 2025?

• Confirmations of exemption from work permit requirement issued before August 7, 2025, shall continue to be used until their expiration date and shall be issued, reissued, or renewed according to the regulations of the new Decree 219/2025/ND-CP;
• In case the employer has applied to issue, reissue, or renew confirmations of exemptions from work permit requirements before August 7, 2025, it will be considered and resolved according to the regulations of Decree 152/2020/ND-CP, amended and supplemented by Decree 70/2023/ND-CP.

If you would like detailed advice on cases exempted from work permit in Vietnam, please contact Viet An Law for the best support!