From January 07, 08, Decree 219 / 2025 / ND-CP officially came into effect, clearly stipulating 15 cases where foreign workers are exempted from work permits in Vietnam. These are important changes to both facilitate businesses and workers, and ensure effective and transparent management of foreign workers. This article will clearly guide the above cases and the procedures for issuing certificates of exemption from work permits.
📌Information
Work permit for foreign workers in Vietnam
Work permit (work permit) is a document issued by a competent authority in Vietnam to foreign workers, allowing them to work legally in Vietnam for a certain period of time. This is a mandatory requirement for most foreign workers, except for some exempted cases. Regulations on work permits aim to ensure management, protect rights and balance domestic labor demand.
There are some cases where foreign workers are exempted from work permits, such as working less than 90 days/year, being a capital contributor or manager of an enterprise, implementing projects in priority areas, or being experts in international cooperation programs. Even though exempted, foreign workers still have to carry out notification procedures in advance with local authorities to ensure compliance with legal regulations.
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Who is exempt from a Work Permit?
According to Article 7 of the Decree, 15 cases Foreigners exempted from work permits (ie not subject to work permit issuance) from August 07, 08 are as follows:
(1) One of the cases specified in Clauses 3, 4, 5, 6, 7 and 8, Article 154 of the 2019 Labor Code. Specifically:
- Be the Head of a representative office, project or be primarily responsible for the activities of an international organization or foreign non-governmental organization in Vietnam.
- Enter Vietnam for less than 03 months to offer services.
- Entering Vietnam for a period of less than 03 months to handle problems, complex technical and technological situations that arise that affect or threaten to affect production and business that Vietnamese experts and Foreigners currently in Vietnam cannot handle it.
- Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers.
- In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member.
- Foreigners married to Vietnamese and living in Vietnam.
(2) Being an owner or a capital contributor with a capital contribution value of 3 billion VND or more of a limited liability company.
(3) Is the Chairman of the Board of Directors or a member of the Board of Directors with a capital contribution value of 3 billion VND or more of a joint stock company.
(4) Entering Vietnam to provide professional and technical consulting services or perform other tasks serving the research, construction, appraisal, monitoring and evaluation, management and implementation of programs and projects using official development assistance sources according to regulations or agreements in international treaties on official development assistance sources signed between competent authorities of Vietnam and foreign countries.
(5) Foreign reporters working in the press are certified by the Ministry of Foreign Affairs.
(6) Being sent to Vietnam by a competent foreign agency or organization to teach, work as a manager or executive director at an educational institution proposed to be established in Vietnam by a foreign diplomatic agency or intergovernmental organization, or at facilities or organizations established under international treaties that Vietnam has signed or participated in.
(7) Foreign students and trainees studying at schools and training facilities in Vietnam or abroad who have an internship agreement or job invitation letter with an employer in Vietnam; interns and trainees on Vietnamese ships.
(8) Relatives of members of foreign representative agencies in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a member.
(9) Have an official passport to work for state agencies, political organizations, or socio-political organizations.
(10) The person responsible for establishing a commercial presence.
(11) Volunteers work in Vietnam voluntarily and without pay to implement international treaties to which the Socialist Republic of Vietnam is a member and with confirmation from foreign diplomatic missions or international organizations in Vietnam.
(12) Enter Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels according to the provisions of law.
(13) Foreign workers are managers, executives, experts, technical workers in one of the following cases:
- Entering Vietnam to work for a total period of less than 90 days in 01 year, from January 01 to the last day of the year;
- Intra-enterprise transfer: Temporary transfer within a foreign enterprise that has established a commercial presence in Vietnam within the scope of 11 service sectors according to Vietnam's service commitment schedule with the World Trade Organization and has been recruited by the foreign enterprise for at least 12 consecutive months. Commercial presence includes economic organizations with foreign investment capital; representative offices, branches of foreign traders in Vietnam; executive offices of foreign investors in business cooperation contracts.
(14) Confirmed by the Ministry of Education and Training to enter Vietnam to perform the following jobs:
- Teaching, research, transfer of international education programs;
- To be a manager, executive director, principal, or vice principal of an educational institution proposed to be established in Vietnam by a foreign diplomatic mission or intergovernmental organization.
(15) Confirmed by ministries, ministerial-level agencies or provincial People's Committees to enter Vietnam to work in the fields of finance, science, technology, innovation, national digital transformation, and priority areas for socio-economic development.
⚙️ The order of execution
Procedures for issuing Certificate of Work Permit Exemption
1. Application deadline:
Submit 10 – 60 days in advance of the date the foreign worker is expected to start working.
2. Place of submission:
Local Public Administration Service Center (submit directly, by post, by service or by proxy).
3. Processing procedure:
- The Public Administration Center receives and transfers documents to the competent authority.
- Within 05 working days from the date of receiving complete documents, the competent authority shall issue a Certificate of exemption from work permit (Form 02, attached Appendix). Decree 219 / 2025 / ND-CP).
- If not granted: Reply in writing, stating the reason within 03 working days.
4. In case only notification is required, no issuance procedures are required:
- Applicable to a number of subjects specified in Article 154 of the 2019 Labor Code and Clauses 2, 3, 5, 8, 10, Point a, Clause 13, Article 7 of Decree 219/2025/ND-CP.
- Notification period: At least 03 working days before the foreign employee starts working in Vietnam.
⌛ Validity of Certificate of Exemption from Work Permit:
According to Article 10 of Decree 219/2025/ND-CP, the Certificate of exemption from work permit for foreigners has maximum term 02 years.
Understanding the cases exempted from work permits helps businesses and foreign workers to be more proactive in their recruitment and work plans in Vietnam. At the same time, fully complying with the procedures for notification or requesting confirmation of exemption in accordance with regulations will help avoid legal risks and maintain a legal and professional working environment.