Vietnam has introduced Decree 393/2026/ND-CP, which outlines the regulations for foreign workers in the country. This decree, effective from December 5, 2026, replaces the previous Decree 219/2025/ND-CP. It defines foreign workers as individuals who are not Vietnamese citizens and come to Vietnam to work in specific job positions, such as managers, executives, experts, and technical workers, as detailed in Article 4.
The decree provides detailed provisions for work permits and work permit exemptions. Foreign workers must obtain a work permit unless they fall under specific exemption categories, which include intra-corporate transferees, volunteers, and contractual service suppliers. To obtain a work permit, employers must submit a dossier containing various documents, including a health certificate, passport copy, and proof of qualifications. The validity duration of a work permit is determined by factors such as the labor contract term or the foreign partner’s document.
Key Provisions
The decree specifies that intra-corporate transfer involves foreign workers who are managers, executives or experts, having been recruited by a foreign enterprise at least 12 consecutive months before entering Vietnam, are temporarily transferred from that foreign enterprise to its commercial presence established in the territory of Vietnam. Volunteers are foreigners working on a voluntary and unpaid basis to implement treaties, certified by foreign diplomatic missions or international organizations. Contractual service suppliers are foreign workers who have worked for at least 24 months at a foreign enterprise without a commercial presence in Vietnam and enter Vietnam to perform a contract with a Vietnamese entity, meeting expert conditions.
Foreign workers in short-term roles, such as managers, executives, experts, or technical workers, can work for up to 90 days in one year. Foreign workers offering services for sale means foreign workers representing a foreign service provider who enter Vietnam for no more than 90 days to negotiate the sale of services, receive no remuneration from any source in Vietnam, do not directly sell services and do not directly participate in the provision of services in Vietnam.
Application Process
Employers must submit applications for work permits or exemptions to the Public Administration Service Center or online via the National Public Service Portal. The competent authority processes the application within a specified timeframe. In case of changes to the worker’s information or job position, employers must submit a request for re-grant or extension of the work permit or exemption certificate.
The decree also outlines the revocation process for work permits and exemptions in cases of non-compliance or changes in the worker’s circumstances. Employers are responsible for ensuring compliance with the decree’s provisions and maintaining accurate records of foreign workers.
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Work Permit Exemptions and Revocation
Foreign workers may be exempt from work permits under specific conditions, including those in senior management roles, experts in certain fields, and individuals working under international agreements. Additional exemptions apply to workers providing professional and technical consultancy services for projects using non-refundable aid or official development assistance, and reporters certified by the Ministry of Foreign Affairs.
Other exemptions include foreign workers sent to teach or manage educational institutions, as proposed by foreign diplomatic missions or intergovernmental organizations. Foreign students or trainees with internship agreements or job invitations from Vietnamese entities, and those working on Vietnamese seagoing vessels, also fall under the exemption category. Relatives of staff members of foreign representative missions in Vietnam, permitted to work under treaties, and foreign workers holding official passports working for state agencies or political organizations, are similarly exempt.
Work permits or exemption certificates may be revoked in cases of non-compliance, changes in worker circumstances, or termination of employment. Employers must notify the competent authority within 10 working days of such changes, and the authority will update the database accordingly.
Implementation and Responsibilities
The decree outlines transitional provisions for existing work permits and exemption certificates. Employers must continue to comply with the provisions of the previous decree until the new one takes effect.
Provincial-level People’s Committees manage local employers and ensure compliance with the regulations. Employers are required to recruit foreign workers in a manner that ensures national security.
