CASES OF WORK PERMIT EXEMPTION FOR FOREIGNERS

A Work Permit (WP) is a mandatory requirement for the majority of foreign employees working in Vietnam. However, in certain cases, foreigners may work in Vietnam without a WP. Depending on the specific circumstances, employees must complete certain procedures to ensure their employment remains legally compliant.

Who is exempt from a Work Permit in Vietnam?

The categories of foreign workers exempt from Work Permits are regulated under Article 7 of Decree No. 219/2025/ND-CP, including:

(i) Investors and Corporate Management:

Owners or equity members (Limited Liability Companies) or Chairpersons/members of the Board of Directors (Joint Stock Companies) with a capital contribution value of 3 billion VND or more.

Heads of representative offices or projects, or those primarily responsible for international organizations or Non-Governmental Organizations (NGOs) in Vietnam.

Intra-corporate transferees within the 11 service sectors specified in Vietnam’s WTO commitments (must have been employed by the foreign enterprise for at least 12 months prior).

Individuals responsible for establishing a commercial presence for foreign enterprises.

(ii) Foreign nationals married to Vietnamese citizens and residing within the territory of Vietnam.

(iii) Short-term & Emergency Workers:

Managers, experts, or technical workers performing work for less than 90 days per calendar year.

Entering Vietnam for less than 03 months to market services or to resolve complicated technical/technological incidents that local experts cannot handle.

(iv) Other Specific Groups:

Foreign lawyers who have been granted a license to practice law in Vietnam.

Relatives of members of foreign representative missions who are permitted to work under international treaties.

Holders of Official Passports working for state agencies or socio-political organizations.

Workers in priority sectors (finance, technology, innovation, etc.) as confirmed by Ministries, ministerial-level agencies, or Provincial People’s Committees.

(v) Education, Volunteering, and International Support:

Experts providing consultancy or technical services for projects using Official Development Assistance (ODA).

Procedures for Foreign Workers Exempt from Work Permits

Even if an individual is exempt from a Work Permit, the employer is still responsible for notifying or submitting an application for Confirmation of Work Permit Exemption to the competent authorities before the foreign worker commences work.

Competent Authorities for Administrative Procedures

The competent authority is the Department of Home Affairs in the locality where the foreign worker is expected to work.

Note for Hanoi: From January 26, 2026, until December 31, 2028, the competent authorities are the Commune/Ward People’s Committees where the foreign worker is expected to work, pursuant to Authorization Decision No. 114/QD-SNV.