From January 07, 08, Decree 219/2025/ND-CP Officially effective, the regulations clearly define 15 cases in which foreign workers are exempt from work permits in Vietnam. These are important changes aimed at facilitating both businesses and workers while ensuring effective and transparent management of foreign labor. This article will provide clear guidance on these cases and the procedures for issuing certificates confirming exemption from work permits.
Information
Work permits for foreign workers in Vietnam
Work permit (work permitA work permit is a document issued by a competent authority in Vietnam to foreign workers, allowing them to work legally in Vietnam for a specified period. This is a mandatory requirement for most foreign workers, except for a few exempted categories. Regulations on work permits aim to ensure management, protect rights, and balance domestic labor needs.
In some cases, foreign workers are exempt from work permits, such as working less than 90 days/year, being a contributing member or manager of a business, implementing projects in priority sectors, or being an expert in an international cooperation program. Even with this exemption, foreign workers... Notification procedures still need to be followed. Prior to this, consult with the relevant local authorities to ensure compliance with legal regulations.
🎯Apply
Who is exempt from the work permit requirement?
According to Article 7 of the Decree. 15 cases Foreigners are exempt from work permit requirements (i.e., not subject to work permit issuance) from August 7, 2025, as follows:
(1) One of the cases stipulated in Clauses 3, 4, 5, 6, 7 and 8 of Article 154 of the 2019 Labor Code. Specifically:
- Be the Head of a representative office, project or be primarily responsible for the activities of an international organization or foreign non-governmental organization in Vietnam.
- Enter Vietnam for less than 03 months to offer services.
- Entering Vietnam for a period of less than 03 months to handle problems, complex technical and technological situations that arise that affect or threaten to affect production and business that Vietnamese experts and Foreigners currently in Vietnam cannot handle it.
- Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers.
- In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member.
- Foreigners who marry Vietnamese citizens and reside in Vietnam.
(2) Being an owner or a contributing member with a capital contribution value of 3 billion VND or more in a limited liability company.
(3) Being the Chairman of the Board of Directors or a member of the Board of Directors with a capital contribution of VND 3 billion or more in a joint-stock company.
(4) Entering Vietnam to provide professional and technical consulting services or perform other tasks serving the research, development, appraisal, monitoring, evaluation, management and implementation of programs and projects using official development assistance (ODA) sources as stipulated or agreed upon in international treaties on ODA sources signed between competent authorities of Vietnam and foreign countries.
(5) Foreign journalists conducting journalistic work must be certified by the Ministry of Foreign Affairs.
(6) They are sent to Vietnam by competent foreign agencies or organizations to teach, manage, or serve as directors at educational institutions proposed for establishment in Vietnam by foreign diplomatic missions or intergovernmental organizations, or institutions established under international treaties that Vietnam has signed or participated in.
(7) Foreign students and trainees studying at schools and training institutions in Vietnam or abroad who have internship agreements or job offers from employers in Vietnam; trainees and apprentices on Vietnamese ships.
(8) Family members of foreign diplomatic missions in Vietnam are permitted to work in Vietnam in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a party.
(9) Have an official passport to work for state agencies, political organizations, or socio-political organizations.
(10) The person responsible for establishing a commercial presence.
(11) Volunteers work in Vietnam on a voluntary and unpaid basis to implement international treaties to which the Socialist Republic of Vietnam is a party, and this is confirmed by a foreign diplomatic mission or international organization in Vietnam.
(12) Enter Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels according to the provisions of law.
(13) Foreign workers who are managers, executives, experts, or technical workers fall into one of the following categories:
- Working in Vietnam for a total period of less than 90 days in one year, calculated from January 1st to the last day of the year;
- Intra-enterprise transfers: Temporary transfers within a foreign enterprise that has established a commercial presence in Vietnam, falling within the scope of 11 service sectors as defined in Vietnam's service commitments with the World Trade Organization, and involving the foreign enterprise's previous employees for at least 12 consecutive months. Commercial presence includes foreign-invested economic organizations; representative offices and branches of foreign traders in Vietnam; and executive offices of foreign investors under business cooperation contracts.
(14) Authorized by the Ministry of Education and Training to enter Vietnam to perform the following tasks:
- Teaching, research, and transferring international educational programs;
- To serve as a manager, executive director, principal, or vice-principal of an educational institution established in Vietnam at the request of a foreign diplomatic mission or intergovernmental organization.
(15) Applicants must be certified by ministries, ministerial-level agencies, or provincial People's Committees to work in Vietnam in the following fields: finance, science, technology, innovation, national digital transformation, and priority areas for socio-economic development.
⚙️ The order of execution
Procedure for issuing a Certificate of Exemption from Work Permit
1. Application deadline:
Submit the application 10-60 days in advance of the foreign worker's expected start date.
2. Where to submit the application:
Local Public Administrative Service Center (submit in person, by mail, through a service provider, or by authorization).
3. Processing procedure:
- The Public Administration Center receives and forwards the documents to the competent authority.
- Within 05 working days from the date of receiving complete documents, the competent authority shall issue the Certificate of Exemption from Work Permit (Form 02, attached Appendix) Decree 219/2025/ND-CP).
- If the request is denied: Provide a written response stating the reasons within 03 working days.
4. Cases where only notification is required, not application procedures:
- This applies to certain subjects as stipulated in Article 154 of the 2019 Labor Code and Clauses 2, 3, 5, 8, 10, and Point a of Clause 13, Article 7 of Decree 219/2025/ND-CP.
- Notification period: At least 03 working days before the foreign worker begins working in Vietnam.
⌛ Validity period of the Certificate of Exemption from Work Permit:
According to Article 10 of Decree 219/2025/ND-CP, the Certificate of Exemption from Work Permit for Foreigners has Maximum term: 02 years.
Understanding the circumstances under which work permits are exempt helps businesses and foreign workers be more proactive in their recruitment and employment plans in Vietnam. Furthermore, fully complying with the notification or application procedures for exemption will help avoid legal risks and maintain a legal and professional working environment.