VIETNAM VISA

HOW TO OBTAIN VIETNAM WORK PERMIT EXEMPTION

If you’re a foreigner planning to live and work legally in Vietnam, you’ll need a work permit. However, under the newly issued Decree No. 219/2025/ND-CP (effective from August 7, 2025), there are 20 cases that which foreign labor workers do not need apply for Work Permit, which is more opportunities for foreigners to be exempted from work permits. However, it does not mean that both employers and the foreign employees do not take any action. It is still necessary to apply for a work permit exemption in certain cases. In this article, Visa5s.com will walk you through the step-by-step process of applying for a work permit exemption, highlight the key changes, and explain what your company needs to prepare.


WHO IS ELIGIBLE FOR A WORK PERMIT EXEMPTION IN VIETNAM UNDER DECREE 219/2025/ND-CP

According to Article 7 of Decree 219/2025/ND-CP, there are 2 types of Work permit exemption:

1. Must follow the procedure to apply for Work Permit Exemption Certificate
2. No need to get the Work Permit Exemption Certificate but must be reported to the competent authority at least 3 working days before the foreign employee starts working in Vietnam

The following are some common cases divided into two types eligible for work permit exemption:

Type 1:
Must apply for Work Permit Exemption Certificate

Type 2:
Only need to notify to Competent authority at least 3 working days before starting work

Cases specified in Clauses 3 and 7 Article 154 of the Labor Code, and Clauses 4, 6, 7, 9, 11, 12, Point b Clause 13, 14 and 15, Article 7 of Decree 219/2025/NĐ-CP

Cases specified in Clauses 4, 5, 6, and 8, Article 154 of the Labor Code, and Clauses 2, 3, 5, 8, 10, and Point a Clause 13, Article 7 of Decree 219/2025/NĐ-CP

3 Article 154.  The head of a representative office, project, or the person mainly responsible for the operations of an international organization or a foreign non-governmental organization in Vietnam.

4 Article 154. Enter Vietnam for less than 3 months to offer services.

7 Article 154.  Cases in accordance with international treaties to which the Socialist Republic of Vietnam is a member.

5 Article 154. Enter Vietnam for less than 3 months to handle technical or technological incidents that Vietnamese or foreign experts in Vietnam cannot resolve.

4. Entering Vietnam to provide professional or technical consulting services, or to perform tasks related to research, development, appraisal, monitoring, evaluation, management, or implementation of ODA-funded programs or projects as agreed in international treaties between competent authorities of Vietnam and foreign partners.

6 Article 154. Foreign lawyer granted a license to practice law in Vietnam.

6. Assigned by a foreign competent authority or organization to teach, manage, or serve as an executive at an educational institution established in Vietnam by request of a foreign diplomatic mission, intergovernmental organization, or under an international treaty to which Vietnam is a party

8 Article 154. Foreigners married to Vietnamese citizens and living in Vietnam.

(a) High-quality human resources in the digital technology industry as prescribed by the law on digital industry.

7. Foreign students or trainees studying in Vietnam or abroad who have internship agreements or job offers from Vietnamese employers; or interns on Vietnamese ships.

2. Owner or capital contributor ≥ VND 3 billion in an Limited Liability Company.

9. Holders of official passports working for government agencies or socio-political organizations.

3. Chairman or member of the BOD with capital contribution ≥ VND 3 billion in a joint stock company.

11. 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

5. Foreign reporters accredited by the Ministry of Foreign Affairs.

12. Entering Vietnam to implement international agreements signed by central or provincial agencies or organizations in accordance with Vietnamese law.

8. Volunteers working under international treaties, confirmed by foreign diplomatic missions or international organizations in Vietnam.

13. Managers, executives, experts, technical workers under:

(b). Intra-corporate transferees working temporarily in Vietnam within 11 service sectors under Vietnam’s WTO commitments, employed by the foreign enterprise for at least 12 consecutive months prior to transfer.

10. Persons responsible for establishing a commercial presence in Vietnam.

14. Certified by the Ministry of Education and Training to:
a) Teach, research, or transfer international education programs; or
b) Manage or serve as principal/vice-principal at schools established in Vietnam by foreign diplomatic missions or intergovernmental organizations.

13. Managers, executives, experts, technical workers under:

(a) Working in Vietnam for under 90 days in a year.

15.Certified by competent ministries or provincial People’s Committees to work in priority sectors such as finance, science, technology, innovation, or national digital transformation.

 

 

REQUIRED DOCUMENTS FOR VIETNAM WORK PERMIT EXEMPTION TYPE 1 - MUST APPLY FOR WORK PERMIT EXEMPTION CERTIFICATE

Below table shows how foreign expatriates and their company prepare on the required documents:

No

Checklist documents for Work permit exemption certificate

How to prepare the required documents

1

Form No. 01 (Appendix of the Decree)

Signed and sealed by the representative of the company.

2

Proof of eligibility for work permit exemption based on each case

  • 01 notarized true copy;
  • 01 certified translation into Vietnamese (if not in Vietnamese);
  • Documents issued abroad MUST be consular legalization.

3

Health check certificate

  • Conclusion: Having good health to work in Vietnam;
  • Must be done at hospitals/ clinics that allow to perform health checks for Work permit purpose;

4

Passport

  • Scan all pages of your passport (including blank pages)

5

Photo size 4x6cm

  • White background, straight head, no hat


FOR VIETNAM WORK PERMIT EXEMPTION TYPE 2 - ONLY NEED TO NOTIFY TO COMPETENT AUTHORITY: The form report to the competent authority shall include the following basic information: full name, date of birth, nationality, passport number, name of the foreign employer, workplace location, and duration of employment.


APPLICATION TIMELINE AND SUBMISSION PROCESS FOR WORK PERMIT EXEMPTION TYPE 1 IN VIETNAM

Under Decree 219/2025/ND-CP, employers hiring foreign workers under exempt categories must carefully follow the official submission timeline and process to ensure compliance with Vietnamese labor regulations.

Deadline for Submission

Employers are required to submit the exemption application no later than 10 days and no earlier than 60 days before the foreign employee’s planned start date in Vietnam. Submitting within this window ensures the competent authority has sufficient time to review and issue confirmation before the commencement of employment.

Accepted Submission Methods

The employer submits the application online via the National Public Service Portal. Once the online application is received, it will be forwarded to the competent authority for issuing the certificate of exemption from a work permit.

Processing Time and Result

Within 5 working days from the date of receiving a complete application for a certificate of exemption from a work permit, the competent authority shall issue the certificate in accordance with Form No. 02 of the Appendix attached to Decree 219/2025/ND-CP.

In cases where the certificate of exemption from a work permit cannot be issued, the authority must provide a written response stating the reason within 3 working days from the date of receiving a complete application.

You must get result in person at competent authority


WHAT HAPPEN IF FOREIGNERS WORK IN VIETNAM WITHOUT WORK PERMIT?

The government of Vietnam will deport any foreigner who is working in Vietnam without a work permit, or on an expired one.
If employers employ any foreigner without a work permit, with an outdated one, or without confirmation issued by the competent authority of work permit exemption, the employers will be subject to penalty ranges as follows:

  • VND30 million to VND45 million for up to 10 foreign workers
  • VND45 million to VND60 million for 11 to 20 foreign workers
  • VND60 million to VND 75 million for over 21 workers.

Employers could also be suspended from operating for up to three months if the violation is serious enough.


ARTICLES RELATED TO VIETNAM'S WORK PERMIT - VISAS AND TEMPORARY RESIDENCE CARD

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