In Vietnam, a work permit is a legal requirement for most foreigners who wish to work in the country. However, not all foreigners need to obtain one. The law clearly specifies several cases where foreigners can legally work without a work permit, provided that they meet certain conditions and obtain official confirmation of exemption. Understanding these exemptions helps employers and foreign employees stay compliant while avoiding unnecessary administrative procedures.
Who is exempt from a work permit?
According to current Vietnamese regulations, foreign workers are not required to obtain a work permit if they fall under one of the following categories:
General Cases
- Acting as the Head of a representative office, project, or the person in charge of operations of an international organization or foreign non-governmental organization (NGO) in Vietnam.
- Entering Vietnam for less than 03 months to offer services.
- Entering Vietnam for less than 03 months to resolve technical or technological incidents that could affect or potentially affect business or production activities, where Vietnamese experts or foreign experts currently in Vietnam are unable to handle the issue.
- Being a foreign lawyer who has been granted a law practice license in Vietnam in accordance with the Law on Lawyers.
- Falling under cases exempted under international treaties to which Vietnam is a member.
- Foreigners married to Vietnamese citizens and residing in Vietnam.
Investors and Capital-Contributing Members
- Being the owner or a capital-contributing member of a limited liability company with a capital contribution of at least VND 3 billion.
- Being the Chairman or a member of the Board of Directors of a joint-stock company with a capital contribution of at least VND 3 billion.
Project and International Cooperation Activities
- Entering Vietnam to provide professional or technical consulting services or perform tasks related to official development assistance (ODA) projects in accordance with international agreements signed by competent Vietnamese and foreign authorities.
- Being a foreign journalist who has been granted permission by the Ministry of Foreign Affairs of Vietnam to operate.
- Being assigned or appointed by a foreign organization to work as a teacher, manager, or executive director at an educational institution established at the request of a foreign diplomatic mission, intergovernmental organization, or under an international treaty to which Vietnam is a signatory.
Education, Internship, and Research
- Being a foreign student, intern, or trainee currently studying at an educational institution in Vietnam or abroad, having an internship agreement or job offer from a Vietnamese employer; or being a trainee/intern working aboard a Vietnamese ship.
- Being certified by the Ministry of Education and Training to enter Vietnam for the following purposes:
- Teaching, research, or transferring international education programs;
- Serving as a manager, executive director, principal, or vice-principal at an educational institution established upon the proposal of a foreign diplomatic mission or intergovernmental organization.
Other Special Cases
- Family members of foreign diplomatic staff working in Vietnam who are permitted to work under relevant international treaties.
- Holders of diplomatic or official passports working for state agencies, political organizations, or socio-political organizations in Vietnam.
- Persons responsible for establishing a commercial presence of a foreign enterprise in Vietnam.
- Volunteers working in Vietnam on a non-paid, voluntary basis to implement international treaties to which Vietnam is a member, certified by a foreign diplomatic mission or international organization in Vietnam.
- Entering Vietnam to carry out international agreements signed by ministries, central, or provincial authorities in accordance with Vietnamese law.
Managers, Executives, Experts, and Technical Workers in Certain Cases
- Working in Vietnam for less than 90 days within a 12-month period (from January 1 to December 31).
- Intra-corporate transferees working temporarily in Vietnam for a foreign enterprise that has established a commercial presence in Vietnam within the 11 service sectors committed under Vietnam’s WTO schedule. The employee must have been employed by the foreign enterprise for at least 12 consecutive months prior to the transfer. (Commercial presence includes foreign-invested enterprises, representative offices, branches, or executive offices of foreign investors under business cooperation contracts.)
Priority and Development Sectors
Being certified by Ministries, Ministerial-level agencies, or Provincial People’s Committees to work in priority sectors such as:
- Finance, science and technology, innovation, national digital transformation,
- Or other areas prioritized for socio-economic development.
Procedure for Obtaining a Certificate of Exemption from Work Permit Requirement
Step 1: Preparing and Submitting the Application
- Within no earlier than 60 days and no later than 10 days before the date the foreign employee is expected to commence work in Vietnam, the employer must submit the application via public postal service, online (if applicable), or directly to the Provincial Public Administrative Service Center (or the Department of Home Affairs) where the foreign employee is expected to work.
- The application dossier includes the following documents:
- A written request for the issuance of a certificate confirming that the foreign employee is not subject to the requirement of a work permit;
- A health certificate;
- Two (02) color photos;
- A valid passport;
- Supporting documents proving that the foreign employee is not subject to the requirement of a work permit.
Step 2: Issuance of the Certificate
- Within 05 working days from the date of receipt of a complete and valid application, the competent authority shall issue the Certificate of Exemption from Work Permit Requirement.
- In cases where the certificate is not issued, the authority must provide a written response stating the reasons for refusal within 03 working days from the date of receipt of a complete dossier.
Conclusion
Understanding the regulations on work permit exemption is essential for both employers and foreign employees to ensure full legal compliance and avoid administrative penalties. Preparing accurate and complete documentation in a timely manner will help expedite the process of obtaining the Certificate of Exemption from Work Permit Requirement.
If you are uncertain about your eligibility or need assistance in preparing the required documents, it is highly recommended to seek professional legal support to avoid unnecessary delays or rejections.
At Siglaw, we provide comprehensive consulting services on foreign labor procedures, including applying for work permits, work permit exemptions, and temporary residence cards in Vietnam.
Contact us today for detailed advice and professional support throughout the process — helping you and your foreign employees work legally and efficiently in Vietnam.
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