In 2025, regulations on work permits for foreign employees in Vietnam continue to undergo significant changes to align with the country’s integration and economic development needs. Not all foreign workers are required to obtain a work permit. However, in order to be eligible for exemption, they must still prepare an application dossier for confirmation of exemption from a work permit in accordance with current legal provisions.
This article, prepared by DNP Viet Nam Law Firm, aims to provide essential legal information on the application dossier for exemption from a work permit under the new regulations. Through this, enterprises and foreign workers can clearly understand the process, required documents, as well as important notes to avoid mistakes during implementation.
1. Cases in which foreign employees are not subject to a work permit
Legal basis: Article 7 of Decree No. 219/2025/ND-CP.
- Falling within one of the cases prescribed in clauses 3, 4, 5, 6, 7, and 8 of Article 154 of the Labor Code.
- Being the owner or a capital-contributing member with a contribution value of at least VND 3 billion of a limited liability company.
- Being the chairman of the board of directors or a member of the board of directors with a contribution value of at least VND 3 billion of a joint stock company.
- Entering Vietnam to provide consulting services in professional and technical fields or to perform other tasks in service of research, construction, appraisal, monitoring, evaluation, management, and implementation of programs or projects funded by official development assistance (ODA), in accordance with provisions or agreements under international treaties on ODA signed between competent authorities of Vietnam and foreign countries.
- Foreign journalists engaging in press activities confirmed by the Ministry of Foreign Affairs.
- Persons assigned by competent foreign agencies or organizations to Vietnam for teaching, managerial, or executive positions at educational institutions established at the request of foreign diplomatic missions, intergovernmental organizations, or other institutions established under international treaties to which Vietnam is a signatory or participant.
- Foreign employees who are managers, executives, experts, or technical workers in the following cases:
- Entering Vietnam to work for a total period of less than 90 days in one year, calculated from January 1 to the last day of the year.
- Intra-corporate transferees: temporary transfers within a foreign enterprise that has established a commercial presence in Vietnam, within the 11 service sectors committed by Vietnam under its WTO schedule of commitments, and who have been employed by the foreign enterprise for at least 12 consecutive months. Commercial presence includes foreign-invested economic organizations, representative offices, branches of foreign traders in Vietnam, and executive offices of foreign investors under business cooperation contracts.
For further details, see Article 7 of the Decree.
2. Application dossier for confirmation of exemption from a work permit
Legal basis: Article 8 of Decree No. 219/2025/ND-CP.
- Request form according to Form No. 01 (Appendix of the Decree).
- Valid health certificate (issued within the last 12 months).
- Two 4×6 cm color photos with white background.
- Valid passport.
- Documentary evidence proving eligibility for exemption (such as contracts or assignment letters).
For further details, see Article 8 of the Decree.
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3. Procedures for issuance of confirmation of exemption from a work permit
Legal basis: Articles 4 and 9 of Decree No. 219/2025/ND-CP.
- Submission deadline: Within 60 days and no later than 10 days before the expected date of commencement of employment.
- Place of submission: Provincial administrative service centers (directly, by post, through public services, or via authorization).
- Processing time: Within 5 working days from receipt of a complete dossier, the provincial People’s Committee shall issue a confirmation (according to Form No. 02). In case of refusal, a written response must be provided within 3 working days.
- Cases not requiring confirmation: The employer must only notify the competent authority at least 3 working days in advance, providing necessary personal information of the foreign employee.
- In cases where the foreign employee works in multiple provinces or cities: The enterprise must notify the competent authority in each locality where the employee is expected to work at least 3 working days in advance. The working period must not exceed the validity of the confirmation already granted.
4. Validity of confirmation of exemption from a work permit
Legal basis: Article 10 of Decree No. 219/2025/ND-CP.
- According to the duration of one of the cases specified in Article 21 of the Decree.
- Not exceeding 2 years.
“The above content is provided by DNP Viet Nam Law Firm for reference purposes only. For detailed, accurate, and tailored legal advice that meets your specific needs, please contact us using the information provided below.”
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