New Regulations on Work Permits for Foreigners in Vietnam under Decree 393/2026/ND-CP

On October 20, 2026, the Government promulgated Decree 393/2026/ND-CP regulating foreign workers working in Vietnam. This legal instrument takes effect on December 5, 2026, and replaces Decree 219/2025/ND-CP. Just over one year after Decree 219/2025/ND-CP took effect, the legal framework governing a work permit in Vietnam has been replaced once again, with a primary focus on reducing paperwork, opening doors wider for high-quality human resources, and increasing the management responsibilities of employers.

According to statistics from the Ministry of Home Affairs, by the end of 2025, there were approximately 162,858 foreign workers across the country originating from around 110 countries and territories. Given this scale, changes to application dossiers, time limits, and reporting obligations will directly impact the human resources plans of numerous enterprises, particularly foreign-invested enterprises.

The article below by Viet An Law summarizes the new regulations on work permits for foreigners in Vietnam under Decree 393/2026/ND-CP, covering the key highlights, application dossiers, procedures, validity periods, revocation cases, and transitional provisions that businesses must grasp before December 5, 2026.

Overview of Decree 393/2026/ND-CP

Key highlights of Decree 393/2026/ND-CP

Expanding the criteria for determining experts (Clause 3 Article 4)

Clause 3 Article 4 of Decree 393/2026/ND-CP stipulates 06 cases in which a foreign worker is determined to be an expert, specifically:

• Holding a university degree or higher or an equivalent qualification and having at least 02 years of work experience suitable for the job position expected to be undertaken in Vietnam;
• Holding a university degree or higher in a discipline included in the List of Strategic Technologies or the List of Strategic Technology Products under a Decision of the Prime Minister or under a cooperation agreement of the Government;
• Graduating from a university with distinction or higher in a science and technology discipline from one of the world’s top 500 higher education institutions (according to the rankings of QS, Times Higher Education, Shanghai Ranking, U.S. News & World Report, or the Ministry of Education and Training within the 03 most recent years) and having at least 01 year of experience;
• Being an expert in the fields of culture, arts, or sports in accordance with Appendix III attached to the Decree;
• Being an expert engaged in teaching, scientific research, and academic exchange at an educational institution that meets prescribed conditions and standards;
• Being an expert with at least 05 years of work experience suitable for the expected job position.

The final case carries significant practical value: skilled personnel who do not hold a university degree (commonly encountered in engineering, manufacturing, culinary arts, and design) may be licensed as experts if they can demonstrate 05 years of relevant experience.

Clarifying the criteria for executive directors and technical workers

Under Clause 2 Article 4, an executive director is the head of a branch, representative office, or business location of an enterprise; or the head who directly manages at least one domain of an agency, organization, or enterprise and has at least 02 years of relevant experience. Therefore, the title stated in the contract alone is insufficient; the enterprise must prove that the worker genuinely manages a domain.

A technical worker (Clause 4 Article 4) is a person who has been trained for at least 01 year and has at least 02 years of experience, or who has at least 03 years of work experience suitable for the job position.

Narrowing the scope of intra-corporate transferees

Clause 1 Article 3 defines that intra-corporate transfer applies only to managers, executive directors, and experts who have been employed by the foreign enterprise for at least 12 consecutive months prior to entering Vietnam. Technical workers no longer fall under this category.

Work permits already issued to technical workers under the form of intra-corporate transfer pursuant to Decree 219/2025/ND-CP remain valid until their expiration. Upon re-issuance or extension, the worker will be evaluated under the expert position if they have at least 05 years of experience (Clause 3 Article 35).

18 cases of work permit exemption in Vietnam (Article 8)

Article 8 of Decree 393/2026/ND-CP lists 18 cases in which foreign workers are not subject to work permit issuance requirements (commonly referred to as cases of work permit exemption in Vietnam). The groups frequently encountered by businesses include:

• An owner or capital-contributing member of a limited liability company, or the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of VND 03 billion or more;
• A person responsible for establishing a commercial presence; a volunteer;
• A person entering Vietnam for short-term work (with a total cumulative duration not exceeding 90 days in 01 year) or an intra-corporate transferee within 11 service sectors under Vietnam’s commitments to the WTO;
• Foreign pupils, students, and trainees who have an internship agreement or an offer letter to work in Vietnam;
• A person holding a master’s degree or higher in STEM fields, science, technology, digital transformation, finance, economics, or business administration; a doctor, professor, or associate professor participating in teaching or research at an educational institution;
• A person granted a special visa exemption card under Decree 221/2025/ND-CP;
• An expert working in the field of strategic technology and their relatives; a person attracted under the National Program for Artificial Intelligence Human Resources Development.

It should be noted that not being subject to work permit issuance requirements does not mean exemption from all administrative procedures. In most cases, the employer must still apply for a certificate of exemption from work permit requirements, with a processing time limit of 05 working days. Certain cases, such as investors contributing capital of VND 03 billion or more, persons establishing a commercial presence, short-term workers, and holders of special visa exemption cards, are only required to notify the competent authority at least 03 working days in advance (Clause 4 Article 10).

Specifically regarding short-term work, if an employment relationship involving hiring, labor utilization, and wage payment arises, the enterprise must still apply for a work permit under the form of an employment contract.

Reducing paperwork through data interconnection

• Passports do not require consular legalization; other foreign documents must still undergo consular legalization (unless exempted), translation into Vietnamese, and certification (Article 6);
• A criminal record certificate does not need to be submitted when filing the application online if the competent authority can retrieve the information from the criminal record database (Article 7);
• Health certificates issued by competent foreign or Vietnamese medical examination and treatment facilities are accepted; submission is not required if the examination results have been connected and shared on the health data system;
• Photographs, passport copies, and copies of previously issued permits do not need to be submitted if the authority can retrieve them from the foreign worker database or the national immigration database.

Note: When the authority retrieves criminal record information, the processing time limit is calculated from the time the retrieved result is received (Clause 3 Article 7).

Faster work permit extension in Vietnam with a more streamlined dossier

Under Article 29, the employer must submit the application dossier for a work permit extension in Vietnam at least 10 working days, but no more than 90 days, prior to the expiration date of the permit. The competent authority resolves the application within 05 working days. The extension dossier under Article 28 no longer requires a health certificate or a criminal record certificate. A work permit may only be extended once for a maximum duration of 02 years (Article 30).

Increasing the responsibilities of employers

• Subleasing foreign workers is prohibited; recruitment must directly meet the actual needs of the employer itself;
• Information regarding the foreign worker expected to be recruited must match the recruitment notice in terms of job position, form of work, work location, and work duration, and must not be lower than the requirements for qualifications and experience; free job posting on the national employment exchange is encouraged;
• Periodic reporting on the utilization of foreign workers must be submitted before June 5 and December 5 annually in accordance with Appendix IV, or on an ad-hoc basis upon request or when changes occur;
• Employers must make truthful declarations and bear legal responsibility for the permit application dossier.

The prohibition against subleasing foreign workers requires special attention and a thorough review of contractual structures from enterprises currently engaging foreign personnel through third parties (the Employer of Record model).

Comparison between Decree 393/2026/ND-CP and Decree 219/2025/ND-CP on work permit in Vietnam

Overall, the new regulations are more open regarding dossier requirements and extensions, but stricter regarding labor utilization, management, and reporting.

Application dossier for a work permit in Vietnam for foreigners

Under Article 19 of Decree 393/2026/ND-CP, the application dossier for a work permit in Vietnam comprises:

• A written report explaining the demand for foreign workers and requesting the issuance of a work permit made according to Form No. 03 of Appendix I;
• A health certificate issued by a competent foreign or Vietnamese medical facility within 12 months prior to the submission date;
• A copy of the valid passport bio-data page;
• A criminal record certificate or a written confirmation verifying that the worker is not currently serving a criminal sentence, has not had their criminal record expunged, and is not currently under criminal prosecution, issued within 06 months prior to the submission date;
• 02 color photographs measuring 4 cm x 6 cm, with a white background, facing forward, bareheaded, and without glasses;
• Documents proving the form of work (letter of assignment, service provision contract, signed contract or agreement, etc.), depending on each specific case;
• Documents proving that the worker is a manager, executive director, expert, or technical worker in accordance with Article 20.

Documents proving the job position (Article 20)

• Manager: The company charter and documents proving managerial status, or an appointment or secondment decision;
• Executive director: The certificate of operation registration of the branch, representative office, or business location; or the company charter and documents on organizational structure accompanied by a confirmation of the number of years of experience issued by the overseas employer;
• Expert: Diplomas corresponding to each specific case and/or a written confirmation of the number of years of experience issued by the overseas employer;
• Technical worker: Diplomas or certificates of training of at least 01 year accompanied by experience confirmation, or a written confirmation of 03 years of experience.

Foreign workers who have previously worked in Vietnam may use previously issued work permits, exemption certificates, or data on the foreign worker database to prove their number of years of experience (Clause 5 Article 20).

Procedures for issuing a work permit under the new regulations in Vietnam

Step 1: Submitting the application dossier

At least 10 working days, but no more than 60 days, prior to the date the foreign worker is expected to commence work, the employer submits the application dossier in person, via postal service, through a hired service, or by authorization at the Public Administrative Service Center where the worker is expected to work, or submits it online via the National Public Service Portal (Clause 1 Article 23).

Regarding the authority to issue work permits, Article 5 assigns responsibility to the provincial-level People’s Committee where the employer has its head office, branch, representative office, business location, or executive office of a foreign contractor. Where a worker works for a single employer across multiple provinces or centrally-run cities, the authority rests with the provincial-level People’s Committee where the head office is located.

Step 2: Appraisal and permit issuance

Within 10 working days from the date of receipt of a complete dossier, the competent authority simultaneously considers approving the demand for foreign workers and issues the work permit according to Form No. 04 of Appendix I. In case of disapproval, the authority must reply in writing and clearly state the reasons within 03 working days.

Step 3: Signing the employment contract and notifying changes in work location

For foreign workers working under an employment contract, after the permit is issued, the two parties must enter into a written employment contract prior to the expected commencement date of work (Clause 4 Article 23).

If the worker works at a new location or changes their work location on a stable and regular basis, the employer must notify both the competent authority at the expected work location and the licensing authority at least 03 working days in advance (Clause 5 Article 23).

Validity period, re-issuance, and new issuance of work permits in Vietnam

Validity period of a work permit

Under Article 22, a work permit has a maximum validity period of 02 years, granted according to the term of the expected employment contract, the letter assigning the foreign worker to Vietnam, the contract or agreement between the partners, or the term stated in the establishment and operation license of the organization.

Re-issuance of a work permit

A work permit is re-issued in the following cases (Article 24):

• A valid permit is lost or damaged to the point of being unusable;
• Change of full name, nationality, or passport number of the worker, or change of the employer’s name without changing the identification number or tax code;
• Change of head office, branch, representative office, business location, or executive office of a foreign contractor where the worker has been licensed.

The application dossier for re-issuance comprises a written request according to Form No. 03, 02 photographs, copies of documents proving the change, and a copy of the valid permit. The processing time limit is 03 working days. The re-issued permit has a validity period equal to the remaining term of the previous permit (Article 25 through Article 27).

When is a new application required despite holding an existing work permit?

• The worker transfers to work for another employer in the same job position and field of work;
• The worker changes their job position, field of work, or form of work without changing the employer;
• The permit has already been extended once and the worker wishes to continue working in the same position. The dossier must be submitted at least 10 working days, but no more than 60 days, prior to the expiration date of the permit (Clause 3 Article 21).

Cases of work permit revocation in Vietnam

Article 31 of Decree 393/2026/ND-CP stipulates 05 cases of work permit revocation:

• The permit ceases to be effective pursuant to Clauses 2 through 7 Article 156 of the Labor Code;
• The employer or the foreign worker fails to properly comply with regulations on the issuance, re-issuance, or extension of the permit;
• The worker is deported pursuant to a judgment or decision of a Court or a decision of a competent state authority;
• The worker is held in custody, temporary detention, or serves a prison sentence in accordance with criminal law;
• The worker dies, or is declared by a Court to have lost civil act capacity, to be missing, or to be deceased.

Where a permit ceases to be effective, within 10 working days the employer must withdraw the permit and return it to the licensing authority together with a written report. For the remaining cases, the competent authority issues a revocation decision and notifies both the employer and the Ministry of Public Security (Article 32).

Transitional provisions of Decree 393/2026 that businesses should note

• Work permits and certificates of exemption from work permit requirements already issued under Decree 219/2025/ND-CP or Decree 70/2023/ND-CP continue to be used until they expire;
• Application dossiers submitted prior to December 5, 2026, continue to be processed in accordance with Decree 219/2025/ND-CP;
• Extension dossiers submitted under Resolution 24/2026/NQ-CP prior to December 5, 2026, continue to be processed in accordance with that Resolution;
• Agencies that have been decentralized or authorized by provincial-level People’s Committees under Decree 219/2025/ND-CP continue to perform their duties until new regulations are issued.

What should businesses prepare before December 5, 2026?

To properly implement the updated framework governing foreign labor licensing under Decree 393/2026/ND-CP, businesses should proactively carry out the following actions:

• Review the list of foreign workers, their forms of work, and the validity period of each individual’s permit;
• Establish a schedule for work permit extension in Vietnam, taking advantage of the early submission window of up to 90 days to avoid work disruptions;
• Re-evaluate cases of technical workers under intra-corporate transfer to prepare documentation proving 05 years of experience upon extension;
• Inspect agreements for utilizing personnel through third parties to ensure they do not fall under prohibited subleasing of foreign workers;
• Set up a foreign worker information management register and a reporting schedule prior to June 5 and December 5 annually;
• Prioritize online dossier submission via the National Public Service Portal to qualify for exemptions from certain documents retrieved from national databases.

Full-package work permit application services for foreigners in Vietnam by Viet An Law

Viet An Law provides comprehensive services for obtaining a work permit in Vietnam for foreign workers, fully updated in accordance with Decree 393/2026/ND-CP:

• Advising on determining job positions, forms of work, and eligibility for work permit exemption in Vietnam;
• Advising on determining the competent licensing authority when an enterprise has branches or business locations across multiple provinces and centrally-run cities;
• Reviewing diplomas, experience confirmations, and documents requiring consular legalization, translation, and certification;
• Drafting the written report explaining the demand for foreign workers according to Form No. 03;
• Submitting application dossiers, monitoring progress, and receiving results for new issuance, re-issuance, and extension of work permits;
• Applying for certificates of exemption from work permit requirements and carrying out notification procedures;
• Advising on temporary residence cards and visas for foreign workers and their relatives;
• Assisting in the preparation of periodic reports on the utilization of foreign workers.

Frequently asked questions

When does Decree 393/2026/ND-CP take effect?

The Decree takes effect on December 5, 2026, and replaces Decree 219/2025/ND-CP from that date.

Must work permits issued under Decree 219/2025/ND-CP be replaced?

No. Previously issued permits continue to be used until they expire. Upon re-issuance or extension, the enterprise will follow the procedures under Decree 393/2026/ND-CP.

Can a foreigner without a university degree be granted a work permit?

Yes. The foreign worker may qualify as an expert if they have at least 05 years of relevant experience (Point e Clause 3 Article 4), or as a technical worker if they have at least 03 years of experience (Point b Clause 4 Article 4).

What are the processing time limits for work permit procedures?

New issuance of a work permit: 10 working days; extension: 05 working days; re-issuance: 03 working days; issuance of a certificate of exemption from work permit requirements: 05 working days, calculated from the date of receipt of a complete and valid dossier.

How much capital must a foreign investor contribute to be exempted from a work permit?

An owner or member of a limited liability company, or the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of VND 03 billion or more is not subject to work permit issuance requirements and only needs to submit a notification at least 03 working days in advance. If the capital contribution is under VND 03 billion, that person must still apply for a work permit.

The new regulations on work permits for foreigners in Vietnam under Decree 393/2026/ND-CP bring significant advantages regarding documentation and processing times, while simultaneously setting higher compliance standards for employers. Viet An Law is always ready to accompany clients throughout the transition to the new legal framework.