FOREIGN NATIONALS WORKING IN VIETNAM WITHOUT A WORK PERMIT

Foreign employees working in Vietnam are not always required to obtain a work permit. The Labor Code 2019 and Decree No. 219/2025/ND-CP provide certain exceptions allowing foreign nationals to work without such permit. Instead, these individuals must obtain a work permit exemption certificate.

1. Cases where foreign nationals working in Vietnam are exempt from work permit requirements 

Article 7 of Decree No. 219/2025/ND-CP stipulates cases where foreign employees are not subject to work permit requirements, including:

1.1. Subjects under Clauses 3, 4, 5, 6, 7, 8 Article 154 of the Labor Code 2019:

1.1.1. Heads of representative offices, projects, or persons primarily responsible for operations of international organizations or foreign non-governmental organizations in Vietnam.

1.1.2. Entering Vietnam for less than 03 months to offer services.

1.1.3. Entering Vietnam for less than 03 months to handle complex technical or technological issues affecting or potentially affecting production or business operations that Vietnamese experts and foreign experts currently in Vietnam cannot resolve.

1.1.4. Foreign lawyers who have been granted a License to Practice Law in Vietnam in accordance with the Law on Lawyers.

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

1.1.6. Foreign nationals married to Vietnamese citizens and residing in Vietnam.

1.2. Owners or capital-contributing members of a limited liability company with a capital contribution of VND 3 billion or more.

1.3. Chairpersons or members of the Board of Directors with a capital contribution of VND 3 billion or more of a joint-stock company.

1.4. Entering Vietnam to provide professional or technical consultancy services or perform other tasks serving research, development, appraisal, monitoring, evaluation, management and implementation of programs or projects using official development assistance (ODA) in accordance with regulations or agreements in international treaties on ODA signed between competent Vietnamese authorities and foreign parties.

1.5. Foreign journalists engaged in press activities certified by the Ministry of Foreign Affairs.

1.6. Assigned by foreign competent authorities or organizations to Vietnam to teach or work as managers or executives at educational institutions established upon proposal of foreign diplomatic missions or intergovernmental organizations in Vietnam, or institutions established under international treaties to which Vietnam is a signatory or participant.

1.7. Foreign pupils, students, or trainees studying at schools or training institutions in Vietnam or abroad under internship agreements or invitation letters from employers in Vietnam; trainees or apprentices working on Vietnamese seagoing vessels.

1.8. Relatives of members of foreign representative missions in Vietnam permitted to work in Vietnam in accordance with international treaties to which the Socialist Republic of Vietnam is a member.

1.9. Holders of official passports working for state agencies, political organizations, or socio-political organizations.

1.10. Persons responsible for establishing commercial presence.

1.11. Volunteers working in Vietnam on a voluntary and unpaid basis to implement international treaties to which the Socialist Republic of Vietnam is a member, with certification from foreign diplomatic missions or international organizations in Vietnam.

1.12. Entering Vietnam to implement international agreements signed by central or provincial-level authorities in accordance with law.

1.13. Foreign employees who are managers, executives, experts, or technical workers in one of the following cases:

1.13.1. Entering Vietnam to work for a total period of less than 90 days in one year, calculated from January 1 to the last day of the year;

1.13.2. Intra-corporate transferees: temporary assignment within a foreign enterprise that has established commercial presence in Vietnam within the scope of 11 service sectors under Vietnam’s WTO commitments and who have been employed by the foreign enterprise for at least 12 consecutive months prior to transfer. Commercial presence includes foreign-invested economic organizations; representative offices, branches of foreign traders in Vietnam; and executive offices of foreign investors under business cooperation contracts.

1.14. Certified by the Ministry of Education and Training to enter Vietnam to perform the following work:

1.14.1. Teaching, research, or transfer of international education programs;

1.14.2. Serving as managers, executives, principals, or vice-principals of educational institutions established upon proposal of foreign diplomatic missions or intergovernmental organizations.

1.15. Certified by ministries, ministerial-level agencies, or provincial People’s Committees to work in the following fields: finance, science, technology, innovation, national digital transformation, and priority socio-economic development sectors.

See more: Decree 219/2025: Major Reforms for Hiring Foreign Workers in Vietnam Effective August 7, 2025

2. Dossier for application for a work permit exemption certificate

The dossier for applying for a work permit exemption certificate under Article 8 of Decree No. 219/2025/ND-CP includes:  

2.1. Application form for issuance of a work permit exemption certificate according to Form No. 01 issued with the Decree.

2.2. Health certificate issued by a qualified medical institution:

2.2.1. Except where health examination results have been integrated and shared on the health information management system or the national health database;

2.2.2. Health certificates issued by competent foreign medical institutions are accepted where Vietnam and the issuing country or territory have mutual recognition agreements, and such certificate remains valid for no more than 12 months from the date of issuance.

2.3. 02 color photos (size 4 cm x 6 cm, white background, full face, bareheaded, no glasses).

2.4. Valid passport.

2.5. Documents proving that the foreign employee is not subject to work permit requirements, including one of the following:

2.5.1. Documents issued by competent authorities as required by law for cases under Section 1.1.1 or Sections 1.9, 1.14, 1.15 (specific documents depending on each case);

2.5.2. Documents from the foreign employer assigning the foreign employee, together with agreements or international treaties to which Vietnam is a member, for cases under Section 1.1.5 or Sections 1.4, 1.6, 1.7, 1.11, 1.12;

2.5.3. Documents proving status as manager, executive, expert, or technical worker under Article 19 of this Decree, together with documents from the foreign employer assigning the employee to work temporarily at a commercial presence in Vietnam and confirmation that the employee has been employed for at least 12 consecutive months prior to entry into Vietnam, for cases under Section 1.13.2.

3. Procedures for obtaining a work permit exemption certificate 

Pursuant to Article 9 of Decree No. 219/2025/ND-CP and the National Public Service Portal:

3.1. Step 1: Within 60 days and not less than 10 days prior to the expected working date, the employer submits the application via the National Public Service Portal; directly; via postal service; through service providers; or by authorization to the Public Administrative Service Center in the locality where the foreign employee is expected to work.

3.2. Step 2: The National Public Service Portal or the local Public Administrative Service Center forwards the dossier to Department of Home Affairs for settlement in accordance with one-stop administrative procedures.

3.3. Step 3: Within 05 working days from receipt of a complete dossier, Department of Home Affairs issues the work permit exemption certificate according to Form No. 02 issued with the Decree.

Note:

Cases under Sections 1.1.2, 1.1.3, 1.1.4, 1.1.6 and Sections 1.2, 1.3, 1.5, 1.8, 1.10, 1.13.1 are not required to apply for a work permit exemption certificate but must notify Department of Home Affairs at least 03 working days before the expected start date.

Where a foreign employee holding a work permit exemption certificate works for the same employer in multiple provinces or centrally governed cities, the employer must notify Department of Home Affairs at least 03 days prior to the expected working date.

4. Revocation of work permit exemption certificate 

The revocation mechanism is established to ensure accuracy and compliance in foreign labor relations.  

4.1. Cases of revocation

The work permit exemption certificate shall be revoked under Article 32 of Decree No. 219/2025/ND-CP in the following cases:

4.1.1. Working inconsistently with the contents of the issued certificate.

4.1.2. Written notice from the foreign employer terminating the assignment in Vietnam.

4.1.3. The employer in Vietnam or abroad ceases operations.

4.1.4. Failure to comply with regulations on issuance, re-issuance, or extension of the certificate.

4.1.5. During employment in Vietnam, failure to comply with Vietnamese law resulting in criminal prosecution.

4.2. Revocation procedures

4.2.1. For cases under Sections 4.1.1, 4.1.2, 4.1.3:

Within 15 days from the expiry date of the certificate, the employer must recover and return it to the issuing authority together with a report.

4.2.2. For cases under Sections 4.1.4, 4.1.5:

Department of Home Affairs issues a revocation decision and notifies the employer and the Immigration Department (Ministry of Public Security) for coordination.

5. Lexsol's recommendations

To ensure compliance and protect business interests, Lexsol recommends: 

5.1. Periodic review of legal documents to ensure validity of exemption status.

5.2. Compliance with foreign labor demand reporting before applying for exemption.

5.3. Establishment of a systematic personnel record management system for inspection purposes.

5.4. Timely updates of personnel and job position changes to amend certificates.

5.5. Full compliance with personal income tax and social insurance obligations.

5.6. Verification of consistency between exemption certificate and visa/temporary residence card information.

See more: Employment & Compliance Legal Advisory in Vietnam 

6. Conclusion

Understanding the regulations on eligibility and procedures for obtaining a work permit exemption certificate enables businesses to operate stably and professionally. Enterprises should ensure the accuracy of documentation to avoid risks that may disrupt business operations. Contact Lexsol for in-depth advisory services on foreign labor compliance optimization.