Work Permit Exemption in Vietnam 2026 and Who Qualifies

As a rule, a foreigner working in Vietnam must hold a work permit. The law also recognises a number of cases in which a foreigner may work without one. These cases are commonly called "work permit exemptions". In legal terms they are cases in which the foreign worker is not subject to a work permit. The exemptions are now set out in Decree No. 219/2025/ND-CP, which took effect on 7 August 2025 and replaced Decree No. 152/2020/ND-CP and Decree No. 70/2023/ND-CP.

Exemption saves time, but it is often misunderstood. In most cases an exempt foreigner still cannot simply start work: the employer must first obtain a written confirmation that the worker is not subject to a work permit from the competent authority. This guide lists the common exemption categories, explains the difference between "exempt" and "not subject to a work permit", sets out the confirmation dossier and highlights the risks of getting the classification wrong.

Legal basis and competent authority

The work permit regime, including the exemption categories, rests on the following instruments:

the Labour Code 2019, in particular Article 154, which lists the cases of foreign workers not subject to a work permit;
Decree No. 219/2025/ND-CP on foreign workers in Vietnam, effective 7 August 2025, which replaced Decree No. 152/2020/ND-CP and Decree No. 70/2023/ND-CP and expanded exemptions for certain experts, managers and short-term entrants;
Decree No. 283/2026/ND-CP on administrative penalties in the field of labour, effective 10 September 2026 and replacing Decree No. 12/2022/ND-CP; Article 13 sets the sanctions for employing foreigners without a work permit or a confirmation of exemption.

Since 2025, the authority that issues work permits and confirms exemptions is the provincial People's Committee, acting through the Department of Home Affairs, which took over this role from the former Department of Labour, Invalids and Social Affairs. For enterprises located in industrial zones or economic zones, the management board of the industrial zone or economic zone is the competent authority.

Common exemption categories

The following foreigners are among those not subject to a work permit. The list is not exhaustive:

the owner or a capital-contributing member of a limited liability company whose capital contribution reaches the level set by law;
the chairperson or a member of the Board of Directors of a joint-stock company whose capital contribution reaches the level set by law;
the head of a representative office or project, or the person mainly responsible for the activities of an international organisation or a foreign non-governmental organisation in Vietnam;
a person entering Vietnam for a short period to offer services for sale, or to deal with complex technical incidents in a short time, within the time allowed by law;
a foreign lawyer who has been granted a licence to practise law in Vietnam under the law on lawyers;
students studying or doing internships under agreements or cooperation programmes in line with the regulations;
a person moving within an enterprise (intra-corporate transferee) in the service sectors covered by Vietnam's schedule of services commitments to the World Trade Organization;
a person entering Vietnam to carry out an international agreement signed by a central or provincial agency or organisation;
a foreigner who is married to a Vietnamese citizen and lives in Vietnam, in the cases provided by law;
other cases provided by the Government in Decree No. 219/2025/ND-CP and its amending instruments.

Decree No. 219/2025/ND-CP also covers managers, executives, experts and technical workers who enter Vietnam for a short time, for a total of under 90 days within a calendar year, and certain foreign workers confirmed by ministries or provincial authorities as working in priority fields such as finance, science, technology, innovation and national digital transformation. The precise conditions of each category, such as the capital threshold, the permitted duration and the evidence required, must be checked against the text in force, because several criteria have changed over successive amendments.

The capital threshold for investors

For investors, the most relevant exemption is the one for owners and capital contributors. Under Decree No. 219/2025/ND-CP, a foreigner who is the owner or a capital-contributing member of a limited liability company, or a member of the Board of Directors of a joint-stock company, with a capital contribution of 3 billion VND or more, is not required to obtain a work permit. They only need to complete the procedure to confirm that they are not subject to a work permit. An investor in this position may also apply for an investor visa and temporary residence card, whose type and term depend on the amount of capital contributed. See our guide to the Vietnam investor visa.

Exempt does not mean no procedure

This is the point that employers most often get wrong. For most foreigners who are not subject to a work permit, the employer must still apply for a confirmation that the foreign worker is not subject to a work permit, and obtain approval from the competent authority before the date on which the worker is expected to start work. The result is a written confirmation, which takes the place of a work permit for a defined period.

Only a small number of special cases are exempt from the confirmation procedure itself. Even then, the employer must still notify the competent authority in writing, for example for foreign workers who work in Vietnam for a total of less than 90 days in a calendar year. "Exempt", therefore, never means "nothing to do".

Exempt worker or work permit holder, side by side

Criterion	Not subject to a work permit	Subject to a work permit
Must apply for a work permit	No	Yes
Procedure	Confirmation of not being subject to a work permit (in most cases)	Application for a work permit
Result	Written confirmation	Work permit, for a maximum of 2 years
Basis for a temporary residence card	Yes, under the appropriate category	Yes, under the employment category

In substance, both "exempt" workers and workers "not subject to a work permit" do not need to apply for a work permit; "exemption" is the everyday name for the second group. The point to remember is that the confirmation procedure is still mandatory in most cases.

Dossier for confirmation of exemption

The dossier for confirming that a foreign worker is not subject to a work permit typically includes:

a written request for confirmation that the worker is not subject to a work permit, using the prescribed form;
a copy of the worker's valid passport;
documents proving the exemption ground, depending on the category, for example the Enterprise Registration Certificate, evidence of capital contribution, the letter of assignment or appointment, or the lawyer's practising licence;
for documents issued abroad, consular legalisation (unless exempt under an international treaty) and a certified Vietnamese translation.

The dossier is filed with the competent authority before the worker starts work, within the time limit set by law. Foreign investors should plan for legalisation and translation early, since documents issued in the home country often take the longest to prepare.

Practical steps for employers

Classify the worker. Identify the job position and check whether the person falls into an exemption category or must apply for a work permit.
Collect the evidence. Gather the documents proving the exemption ground, and arrange legalisation and translation of foreign documents.
File for confirmation. Submit the request to the provincial People's Committee (Department of Home Affairs) or the industrial zone management board before the start date.
Arrange residence. After receiving the confirmation, apply for the appropriate visa and temporary residence card.
Track validity. Monitor the term of the confirmation and the residence documents so that the worker's status never lapses.

When the worker is not exempt

If the foreigner does not fall into any exemption category, a work permit is required. The worker must be at least 18 years old, have full civil act capacity, be in good health, not be serving a criminal sentence or have an unexpunged criminal record, and work in one of four positions: manager, executive, expert or technical worker. Under Decree No. 219/2025/ND-CP:

an expert needs a university degree or equivalent and at least 3 years of relevant experience, or at least 5 years of experience and a relevant practising certificate;
a technical worker needs at least 1 year of specialised training and at least 3 years of relevant experience, or at least 5 years of relevant experience.

The explanation of the demand for foreign labour is now integrated into the work permit dossier as a single online submission, and the permit is issued within 10 working days. A work permit lasts for a maximum of 2 years. See our full guide to work permits for foreigners in Vietnam.

Risks of getting it wrong

Under Article 13 of Decree No. 283/2026/ND-CP, both the employer and the foreign worker may be penalised where a foreigner works without a work permit or without a confirmation of exemption:

an employer that is an enterprise is fined VND 60 to 90 million for 1 to 10 workers in breach, VND 90 to 120 million for 11 to 20 workers, and VND 120 to 150 million for 21 workers or more (the Decree states individual amounts; organisations pay double under Article 7);
the foreign worker is fined VND 15 to 25 million and is subject to deportation as an additional sanction;
failing to notify the authority in cases that require only a notification costs an enterprise VND 2 to 6 million;
using an expired work permit or an expired confirmation is treated in the same way;
a breach can also affect the worker's visa and temporary residence card.

The most common cause is misclassification: assuming that a worker is exempt when a work permit is in fact required, or assuming that an exempt worker needs no confirmation at all. Violations that ended before 10 September 2026 are still handled under Decree No. 12/2022/ND-CP, whose amounts for these acts were the same.

Frequently asked questions

If a foreigner is exempt from a work permit, is any procedure still required?

Yes, in most cases. The employer must obtain a confirmation that the worker is not subject to a work permit from the competent authority before the worker starts work. Only a few special cases skip the confirmation, and the employer must still report to the authority.

Does a company owner need a work permit in Vietnam?

Not if they are the owner or a capital-contributing member of a limited liability company, or a member of the Board of Directors of a joint-stock company, with a capital contribution of 3 billion VND or more under Decree No. 219/2025/ND-CP. The company should still obtain a confirmation of exemption.

What is the difference between "exempt" and "not subject to a work permit"?

Neither group needs to apply for a work permit. "Exempt" is the common name for foreigners not subject to a work permit, and the confirmation procedure for them is regulated in Decree No. 219/2025/ND-CP.

Is the head of a representative office exempt?

The head of a representative office or project, or the person mainly responsible for an international organisation or foreign non-governmental organisation in Vietnam, is among the exemption categories, but a confirmation is still generally required. See our guide to setting up a representative office in Vietnam.

Is a short business trip exempt?

Managers, executives, experts and technical workers entering Vietnam for a total of under 90 days within a calendar year, and persons entering for a short time to offer services or handle complex technical incidents, may be exempt. Check whether the specific ground requires a confirmation or only a report.

Who confirms the exemption?

The provincial People's Committee, acting through the Department of Home Affairs, or the management board of the industrial zone or economic zone where the employer is located, under Decree No. 219/2025/ND-CP.

What happens if we skip the confirmation?

An enterprise may be fined VND 60 to 150 million under Article 13 of Decree No. 283/2026/ND-CP, depending on the number of workers in breach, and the foreign worker may be fined and deported. It can also disrupt the worker's visa and residence status.

How LTV Law helps

LTV Law assesses whether your foreign hire is exempt, prepares the confirmation dossier, coordinates legalisation and translation of foreign documents and handles the filing with the provincial authority, followed by the visa and temporary residence card. See our work permit service and foreign investment services.

If you are unsure which category applies, contact our team for a review of your case.

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