I. Legal basis

• Labour Code 2019
• Decree No. 152/2020/ND-CP
• Decree No. 70/2023/ND-CP
• Decree No. 219/2025/ND-CP
• Circular No. 40/2016/TT-BLDTBXH

In the context of deep international integration, Vietnam has been attracting an increasing number of experts, managers, and highly skilled technicians to work in the country. However, the regulations on work permits and exemptions from work permit requirements remain a challenge for many foreign-invested enterprises.

II. What is a Work Permit?

A work permit is a legal document issued by the competent state authority in Vietnam, granting a foreign national the authorization to work legally in Vietnam for a specified period. This permit specifies the individual’s personal information, company details, job position, and duration of employment, and it also constitutes a key requirement for a foreign national to be granted a temporary residence card.

Nevertheless, in the context of Vietnam currently attracting investors with strong capabilities and financial resources, experts, and highly qualified workers with advanced professional skills and expertise—particularly in emerging sectors such as the semiconductor industry, artificial intelligence, and digital transformation—the State has stipulated exemptions from the work permit requirement for certain specific cases.

III. Key conditions for foreign workers to work in Vietnam

Pursuant to Clause 1, Article 151 of the 2019 Labour Code, foreign nationals wishing to work legally in Vietnam must simultaneously satisfy stringent conditions, thereby establishing a clear legal standard:

Civil capacity: The worker must be at least 18 years of age and possess full civil capacity as prescribed under Vietnamese law.

Qualifications and Health: The worker must possess the professional knowledge, technical skills, expertise, and work experience appropriate for the recruited position; simultaneously, the worker must meet the health requirements as prescribed by the Minister of Health.

Clean legal record: The worker must not be serving a criminal sentence, must not have an unexpunged criminal record, and must not be under criminal investigation or prosecution in accordance with the laws of a foreign country or Vietnamese law.

Legalization: Holds a work permit issued by the competent state authority of Vietnam, except in cases exempted from the work permit requirement as provided in the relevant legal documents.

This final condition is central to ensuring compliance with labor laws for foreign-invested enterprises. A work permit serves as a legal document certifying the legitimacy of a foreign worker’s employment.

IV. Cases exempted from Work Permit requirements

In order to facilitate the attraction of managers, experts, and high-quality human resources, Article 154 of the 2019 Labour Code (detailed guidance provided in Article 7 of Decree No. 152/2020/ND-CP and Decree No. 70/2023/ND-CP) stipulates 20 cases exempted from the obligation to obtain a work permit. A clear understanding of these cases is essential to delineate the boundaries of compliance.

The exemption cases are classified based on the individual’s role, the nature of the work performed, or legal/personal relationships:

Group 1: Based on decision-making authority and capital management position

• The owner or a capital-contributing member of a limited liability company with a capital contribution value of VND 3 billion or more.
• The Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of VND 3 billion or more.

Group 2: Based on organizational characteristics and international relations

• Serving as the Head of a representative office or project, or holding primary responsibility for the operations of an international organization or a foreign non-governmental organization in Vietnam.
• Cases as provided under international treaties to which Vietnam is a member.
• Holding an official passport and working for a state agency, a political organization, or a socio-political organization.
• Performing duties under an international agreement concluded by a central or provincial-level agency or organization.
• Family members of members of foreign representative missions in Vietnam (as provided in Point l, Clause 1, Article 2 of Decree No. 152/2020/ND-CP).

Group 3: Based on professional purpose and short-term duration

• Entering Vietnam for a period of less than three months to offer services or perform a service provision contract (duration under 90 days).
• Entering Vietnam to address complex technical or technological incidents or situations that have affected or may affect production or business operations (for a period of less than three months).
• Intra-company transfers within enterprises operating in the 11 service sectors covered under the WTO Services Commitments.
• Working in the position of manager, executive director, expert, or technical worker for a period of less than 30 days and not exceeding three times within one year.

Group 4: Based on special titles and personal relationships

• A foreign lawyer who has been issued a practicing license in Vietnam.
• A foreign national who is legally married to a Vietnamese citizen and resides in the territory of Vietnam.
• The individual responsible for establishing a commercial presence (as prescribed by law).

Group 5: Based on educational, research, and non-profit purposes

• Providing consultancy services or performing tasks in support of programs or projects funded by official development assistance (ODA).
• Granted an operational license for information and journalism activities by the Ministry of Foreign Affairs.
• Appointed by a competent agency or organization to teach or conduct research in Vietnam at an international school or an establishment established under an international agreement.
• Volunteers (working on a voluntary basis without remuneration).
• Students studying abroad who have an internship agreement with a Vietnamese enterprise.
• Certified by the Ministry of Education and Training to enter Vietnam for teaching or research purposes.

V. Procedures for applying for work permit exemption

Pursuant to Article 8 of Decree No. 219/2025/ND-CP, the dossier for applying for a Certificate of Exemption from Work Permit Requirements is as follows:

• Application for the issuance of a Certificate of Exemption from Work Permit Requirements in the form prescribed in Form No. 01 of Decree No. 219/2025/ND-CP;
• A health certificate valid within 12 months from the date of examination;
• Two color photographs (size 4 cm x 6 cm, white background, full-face view, bare head, not wearing glasses).
• Passport
• A document from a competent authority or foreign organization certifying that the individual falls under a case exempted from the work permit requirement.

Note: Documents issued abroad or by a foreign diplomatic mission in Vietnam must be consular legalized and officially translated into Vietnamese.

The enterprise shall submit the application for a work permit for the foreign worker within 60 days (at least 10 days in advance) counting up to the foreign worker’s expected start date, to be submitted to the local Public Administrative Service Center for labor, such as the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work.

For foreign workers employed by non-governmental organizations, international organizations, associations, etc., pursuant to Clause 1, Article 3 of Circular No. 40/2016/TT-BLDTBXH, the application for a work permit shall be submitted to the Employment Department under the Ministry of Labor, War Invalids and Social Affairs.

Enterprises and foreign workers may submit the application directly, by postal service, or via the online public service portal.

Within five working days from the receipt of a complete and valid application, the competent authority shall issue the Certificate of Exemption from Work Permit for the foreign worker in accordance with Clause 3, Article 9 of Decree No. 219/2025/ND-CP.

VI. Penalties for violations in cases of failure to complete the procedure for certification of exemption from Work Permit for foreigners

For the worker who works without a work permit or without a certificate of exemption from the work permit requirement as prescribed by law shall be subject to a monetary fine ranging from VND 15,000,000 to VND 25,000,000, pursuant to Point a, Clause 3 and Clause 5, Article 32 of Decree No. 12/2022/ND-CP.

For the employer who engages foreign workers to work in Vietnam without a work permit or without a certificate of exemption from the work permit requirement shall be subject to a monetary fine ranging from VND 30,000,000 to VND 75,000,000, depending on the number of workers, pursuant to Clause 4, Article 32 of Decree No. 12/2022/ND-CP.

The monetary fines for the aforementioned acts apply to individuals. For organizations, the fines shall be twice the amount of those applicable to individuals.

VII. Conclusion

Although exempt from a work permit, except in certain cases where administrative procedures are also waived, most of the aforementioned cases are still required to complete the procedure for obtaining a Certificate of Exemption from Work Permit for foreign workers at the competent labor authority. Strict compliance with this certification procedure constitutes a fundamental legal risk management measure to ensure the legality of employment and to avoid sanctions under current regulations.

VIII. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

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