Work Permit Exemption in Vietnam (2026): Who Qualifies & Procedure

A work permit is the default requirement for foreigners working in Vietnam, but the law lists several exemption categories. Getting this right matters: even where a foreigner is exempt, the employer usually still has to obtain a confirmation of exemption before work begins. This guide sets out the exemptions under Decree 219/2025/ND-CP (effective 7 August 2025, replacing Decrees 152/2020 and 70/2023).

Common exemption categories

• Capital contributor / owner of a limited liability company, or Chairperson / member of the Board of Directors of a joint-stock company, whose capital contribution meets the threshold set by law (from VND 3 billion).
• Head of a representative office or project of an international organisation / NGO in Vietnam.
• Entering Vietnam for a short period to handle incidents, technical situations, or as a manager/executive/expert/technical worker for under 90 days in total within a calendar year.
• Certain foreign workers confirmed by ministries or provincial authorities to work in priority fields — finance, science, technology, innovation, national digital transformation.
• Other cases under Article 154 of the Labour Code and Decree 219/2025.

Exempt — but you usually still file something

Most exemption cases require the employer to obtain a written confirmation that the worker is not subject to a work permit from the competent authority (the provincial People's Committee) before the foreigner starts work. A limited number of cases only require a notice at least 3 working days in advance instead of a full confirmation. Skipping this step can still expose the employer to penalties.

Documents and authority

The exemption-confirmation dossier typically includes the request form, evidence of the exemption ground (e.g., proof of capital contribution, appointment documents) and the foreigner's papers. Since 2025 the competent authority is the provincial People's Committee (no longer the labour ministry).

FAQ

Does a company owner need a work permit in Vietnam?

Not if they are the owner/capital contributor of an LLC or a JSC board member meeting the capital threshold (from VND 3 billion) — they are exempt, but the company should still obtain a confirmation of exemption.

Is a short business trip exempt?

Managers, executives, experts and technical workers entering for under 90 days total in a calendar year may be exempt; check the notice/confirmation requirement for the specific ground.

What happens if we skip the confirmation?

Even genuinely exempt foreigners can trigger administrative penalties for the employer if the confirmation/notice step is missed.

How LTV Law helps

LTV Law assesses whether your foreign hire is exempt, prepares the confirmation-of-exemption dossier and handles the filing with the provincial authority. See our work permit guide and foreign investment services, or contact our team.

This article is for general information only and does not constitute legal advice.