In the context of Vietnam’s deep integration into the global economy, the employment of foreign workers has become increasingly common across various sectors — from investment, technology, and education to corporate management. However, not all cases are required to obtain a Work Permit.
According to Decree No. 219/2025/NĐ-CP, issued on August 6, 2025 (effective from August 7, 2025), the Government has expanded and clarified the list of foreign workers eligible for exemption from work permits in Vietnam. This article, compiled and analyzed by Siglaw, provides detailed insights to help enterprises, organizations, and foreign individuals clearly understand the conditions, procedures, and legal notes applicable to cases exempted from work permit requirements.
Group 1 – Investors and enterprise managers with significant capital contribution
Exempted persons:
- Owners or members contributing VND 3 billion or more in a limited liability company;
- Chairpersons or members of the Board of Directors with a capital contribution of VND 3 billion or more in a joint stock company.
Legal basis: Clause 1, Article 7 of Decree No. 219/2025/NĐ-CP.
Siglaw’s note: This policy aims to encourage foreign direct investment (FDI) while preventing “nominal capital contribution” cases made solely to avoid the obligation of applying for a work permit. Enterprises must demonstrate actual capital contribution, confirmed in the enterprise registration dossier.
Group 2 – Intra-corporate transferees under WTO commitments
Exempted persons:
- Foreign nationals working in 11 service sectors committed by Vietnam under the WTO (including business, construction, information, distribution, education, finance, tourism, etc.).
Conditions: - Having worked for the parent company abroad for at least 12 months;
- Possessing a written confirmation from the parent company and documentation proving the intra-corporate transfer.
Procedure: - The dossier for “confirmation of exemption from work permit” shall be submitted to the Department of Labor, Invalids and Social Affairs (DOLISA) where the foreign worker is employed.
Group 3 – Persons performing international contracts or ODA projects
Includes:
- Foreign nationals entering Vietnam to perform commercial, technical, financial, cultural, educational, training, or medical cooperation contracts;
- Experts or technical consultants implementing ODA projects under international treaties to which Vietnam is a member.
Note:
– A copy of the contract or legal agreement between the two parties must be submitted, together with an invitation letter or official dispatch.
Group 4 – International lecturers and educational experts
Subjects:
- Foreign nationals assigned to:
- Teach or conduct research at educational institutions in Vietnam;
- Transfer international educational programs, methods, or participate in educational management.
Legal basis: Article 7 of Decree No. 219/2025/NĐ-CP; guidance documents from the Ministry of Education and Training.
Requirement: Must have official confirmation from the Ministry or competent authority regarding the purpose of the assignment.
Group 5 – Foreign correspondents, dependents of diplomats, and international volunteers
Includes:
- Foreign correspondents granted press activity licenses by the Ministry of Foreign Affairs;
- Dependents of members of foreign diplomatic, consular missions, or international organizations who are permitted to work in Vietnam;
- International volunteers working in Vietnam under international treaties;
- Persons holding official passports working under official assignment approved by Vietnamese authorities.
Procedure: The dossier for work permit exemption confirmation shall be submitted through diplomatic channels or the Ministry of Foreign Affairs.
Group 6 – Persons working less than 90 days in a year
Subjects: Foreign workers entering Vietnam for no more than 90 days in one year, typically for short-term contracts, technical consulting, or project support.
Conditions:
- Possess an invitation letter or short-term contract specifying the working period;
- Extensions are not allowed if the total period exceeds 90 days per year.
Siglaw’s note: This group is often subject to inspection by authorities. Enterprises should clearly state the purpose of work and duration of stay to avoid being considered as employing unlicensed labor.
Group 7 – Persons authorized by foreign traders to establish a commercial presence in Vietnam
Subjects: Persons authorized by foreign traders to enter Vietnam to carry out procedures for establishing a branch, representative office, or foreign-invested enterprise (FDI).
Requirements:
Possess a legally authorized letter of delegation from the foreign trader;
Provide documents proving preparation for the establishment of a commercial presence as prescribed under the Law on Commerce 2005 and Decree No. 07/2016/NĐ-CP.
Group 8 – Persons working in priority development sectors
Includes sectors such as:
- Science and technology, innovation, artificial intelligence, digital transformation;
- Finance, banking, education, healthcare, and socio-economic development.
Condition:
Must be certified by a competent authority (a Ministry or Provincial People’s Committee) as currently working in a priority sector serving national or local development goals.
Group 9 – International students, interns, and trainees on Vietnamese vessels
Exempted persons:
- Foreign students or trainees entering Vietnam for internships, vocational training, or research under cooperation programs;
- Foreign nationals interning aboard Vietnamese vessels under international training programs.
Procedure:
A confirmation letter from the receiving educational institution or enterprise is required, along with valid personal identification documents of the foreign worker.
Procedure for confirmation of exemption from work permit requirements
Even if exempted, employers must still complete administrative procedures for confirmation of exemption with the Department of Labor, Invalids and Social Affairs where the foreign worker will be employed.
The dossier includes:
- Application form for exemption confirmation (as prescribed by the Ministry of Labor, – Invalids and Social Affairs);
- Documents proving that the worker belongs to an exempted category;
- Copy of passport or valid identification document;
- Business registration certificate or operation license of the employer.
Processing time:
05 working days from the date of receipt of a complete and valid dossier.
Result: A Certificate of Work Permit Exemption, valid for the duration of employment stated in the application.
Conclusion – Legal preparedness for safe international integration
Understanding the cases exempted from work permit requirements in Vietnam not only helps enterprises save administrative costs, but also prevents legal risks and penalties under Decree No. 12/2022/NĐ-CP (fines up to VND 150 million for employing unlicensed foreign workers).
If your enterprise plans to employ foreign experts, investors, or international personnel in Vietnam, Siglaw recommends:
- Thoroughly verifying whether the foreign worker falls under the exempted category before signing any contract;
- Properly completing the exemption confirmation procedure at the local DOLISA;
- Consulting with legal experts specializing in international labor and investment law to ensure full compliance with Vietnamese regulations.
Professional Legal Advisory – Siglaw
With a team of experienced lawyers and legal experts in international labor and foreign investment, Siglaw is ready to support you in:
- Advising on conditions and dossiers for work permit exemption;
- Drafting and representing clients in exemption confirmation procedures;
- Providing comprehensive legal consultancy for FDI enterprises, branches, and foreign representative offices.
Head Office in Hanoi: No. 44/A32 – NV13, Area A Geleximco, Le Trong Tan Street, Tay Mo Ward, Hanoi, Vietnam.
Email: vphn@siglaw.com.vn
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