The cases not subject to the work permit requirement under Article 154 of the Labour Code and Decree No.
About this article
Information updated to September 2026. This article provides general information and does not replace legal advice for a specific case. Internal materials and human resources processes that still refer to decrees which have ceased to be effective need to be reviewed and their legal bases updated in full. Whether a specific case falls within the category not subject to the work permit requirement depends on the documents and the actual circumstances.
1. Not needing a work permit does not mean there is no procedure
"Work permit exemption" suggests that the person has no procedure to complete. In fact, Vietnamese law speaks of people who are not subject to the work permit requirement, and most of them still have to complete an administrative procedure; it is simply a lighter one.
Getting the category wrong has two kinds of consequence. If an employee thinks they are exempt but are not, they are working without a permit and may be expelled. If they are exempt but the notification or confirmation procedure is skipped, the enterprise may still be fined, and the employee may not obtain the matching visa and temporary residence card.
2. The Labour Code lists the cases that need no work permit
A foreign employee working in Vietnam does not need a work permit in the following cases:
| Case | Core condition |
|---|---|
| Owner or contributing member of a limited liability company | Capital contribution at the level set by the Government |
| Chairperson or member of the board of a joint stock company | Capital contribution at the level set by the Government |
| Head of a representative office or project, or the person mainly responsible for an international organisation or foreign NGO in Vietnam | As shown in the organisation's documents |
| Entering Vietnam to offer services | A period of under 03 months |
| Entering Vietnam to deal with an incident or complex technical problem that affects or threatens production or business | Less than 3 months, and Vietnamese experts and foreign experts already in Vietnam cannot deal with it |
| Foreign lawyers | Holds a licence to practise law in Vietnam under the Law on Lawyers |
| Cases under an international treaty to which Vietnam is a party | As set out in the treaty |
| Foreign nationals who are married to a Vietnamese citizen and residing in the territory of Vietnam | Marriage certificate and proof of residence in Vietnam |
The Labour Code also lets the Government add other cases. Decree No. 219/2025/ND-CP uses this to add the categories in section 3.
3. Decree No. 219/2025 adds several exempt categories
3.1. The VND 3 billion threshold applies differently to the two company types
The capital contribution for exemption is VND 3 billion or more. Note that this condition applies differently to the two types of company:
| Limited liability company | Joint stock company | |
|---|---|---|
| Who falls within the exempt category | The owner or a contributing member with VND 3 billion or more | The board chairperson or a board member with VND 3 billion or more |
| Shareholders or members without a management role | Exempt if they meet the capital threshold | Not exempt, however much they contribute |
This matters when choosing the company type. An individual investor who will manage the business and live in Vietnam usually chooses a limited liability company, because the exemption is easier to meet and does not depend on holding a board position.
3.2. The most significant change: from 30 days to under 90 days per year
This is the biggest expansion in Decree No. 219/2025. A manager, executive director, expert or technical worker who works in Vietnam for less than 90 days in total in a calendar year does not need a work permit, and there is no limit on the number of entries.
Under the old Decree No. 152/2020/ND-CP, the limit was less than 30 days per visit and no more than three visits a year. The new rule lets an enterprise bring experts to Vietnam in several stints without a work permit, provided it tracks the total days in the calendar year closely.
The 90 days are counted per calendar year. The threshold applies to the total days in the calendar year, not to each visit. An enterprise that brings in an expert for several stints should track the running total, because once 90 days is exceeded, the whole working period counts as working without a permit.
3.3. Some further categories
Further exempt cases include: persons providing specialist consultancy services for programmes and projects using official development assistance funding; foreign correspondents carrying out press information activities confirmed by the Ministry of Foreign Affairs; persons assigned by a foreign agency or organisation to teach or to act as a manager or executive director at an educational institution whose establishment in Vietnam was proposed by a diplomatic mission or an international organisation; pupils and students with an internship agreement and trainees on Vietnamese seagoing vessels; relatives of members of a foreign representative mission permitted to work under an international treaty; holders of official duty passports entering to work for state agencies and socio-political organisations; persons responsible for establishing a commercial presence; volunteers working without remuneration under an international treaty; and persons entering Vietnam to implement an international agreement signed by a central or provincial level agency.
3.4. Intra-corporate transferees must have been employed for at least 12 months
People transferred within a company in one of the eleven service sectors in Vietnam's WTO services schedule (business, communication, construction, distribution, education, environment, finance, health, tourism, culture and recreation, and transport) do not need a work permit.
The condition is that the foreign company has employed the person for at least 12 consecutive months beforehand. This case needs a written confirmation, not just a notification.
3.5. The priority sector category needs written confirmation
The Decree adds a category for people whom a ministry, ministerial-level agency or provincial People's Committee confirms are coming to work in finance, science, technology, innovation, national digital transformation or other fields prioritised for socio-economic development. In practice, this includes semiconductors and artificial intelligence.
The key condition is a written confirmation from the competent authority. The exemption is not automatic: an employee cannot decide for themselves that they qualify and start work.
4. The two groups follow different procedures
Decree No. 219/2025 splits the exempt cases into two groups with different procedures. This is new: under Decree No. 152/2020, almost every case needed a written confirmation.
4.1. The group that need only give notification
This group comprises the cases supported by clear and readily verifiable documents, including: offering services for under 03 months; handling a technical incident for under 03 months; foreign lawyers already holding a practising licence; persons married to a Vietnamese citizen and residing in Vietnam; owners or capital contributing members of a limited liability company with VND 3 billion or more; Chairpersons or members of the Board of Management with a capital contribution of VND 3 billion or more; foreign correspondents; relatives of members of a foreign representative mission; persons responsible for establishing a commercial presence; and cases of working for under 90 days in one calendar year.
Notify at least 3 working days before the employee is due to start work.
4.2. The group that must obtain a written confirmation
All other cases need a written confirmation of exemption. These include: heads of representative offices of international organisations and NGOs; treaty cases; specialist advisers on ODA projects; teachers and managers of educational institutions; students on internships; volunteers; intra-company transferees; and the priority-sector category.
| Item | Rule |
|---|---|
| Dossier | Application on the form issued with the Decree; health certificate; two 4x6 cm colour photos on a white background, taken in the last 6 months; valid passport; documents proving the exemption applies |
| Time of filing | Between 60 days and 10 days before the expected start date |
| Competent authority | The provincial People's Committee where the employee will work. In practice, the provincial Public Administration Service Centre receives the application and the provincial home affairs authority advises. Online filing via the National Public Service Portal is possible |
| Processing time | 5 working days from receipt of a complete application. A refusal must be given in writing, with reasons, within 3 working days |
| Period of validity | Up to 2 years, depending on the case. It may be extended once, for up to 2 years |
Extending the confirmation is new. Decree No. 152/2020 had no such mechanism, so when a confirmation expired the enterprise had to start again.
5. A consequence to be taken into account before choosing the procedure
Being in the notification-only group looks better at first, but check it against immigration requirements before deciding.
LD1 visas and temporary residence cards are issued to foreign nationals working in Vietnam without a work permit, and the application requires a written confirmation of exemption. An employee who only gave 3 working days' notice will have no confirmation to file.
So for an employee who will live in Vietnam long-term and needs a temporary residence card, it is usually wiser to obtain a written confirmation, even if notification alone would be enough. For someone coming briefly on a short-term visa, notification is sufficient.
6. Organisations are fined double the amount for individuals
Under Decree No. 283/2026/ND-CP, in force from 10 September 2026, the fines for breaches involving foreign workers are as follows. The amounts are for individuals; organisations are fined double.
| Person concerned | Conduct | Fine level for individuals |
|---|---|---|
| Foreign employee | Working without a work permit or exemption confirmation, or with expired documents | VND 15 to 25 million, plus expulsion |
| Employer | Employing foreign workers without a permit, confirmation or valid documents: 1 to 10 workers | VND 30 to 45 million |
| Employer | 11 to 20 workers | VND 45 to 60 million |
| Employer | 21 or more workers | VND 60 to 75 million |
| Employer | Employing a foreign worker other than as stated in the work permit | VND 5 to 10 million per worker, up to VND 75 million |
An organisation employer can therefore be fined up to VND 150 million. Beyond the fine, expulsion has longer-lasting effects on the employee, because it affects their ability to enter Vietnam in future.
7. Enterprises often misread a few points
- Exemption from the permit is not exemption from procedure. Every exempt case needs either notification 3 working days in advance or a written confirmation.
- VND 3 billion in a joint stock company is not enough if the contributor is not the board chairperson or a board member.
- The 90-day threshold is the calendar-year total, not per visit.
- The priority-sector category is not automatic. The employee needs written confirmation from a ministry, ministerial-level agency or provincial People's Committee.
- A family member with a TT temporary residence card may not automatically work. Except for spouses of Vietnamese citizens, family members still need a work permit or an exemption.
- Work permits and confirmations are tied to one employer. If the employee moves to another enterprise, a new procedure is needed.
8. Points enterprises should check
- Identify which case under the Labour Code or Decree No. 219/2025 applies, and record the basis in the personnel file.
- Decide whether that case needs notification only or a written confirmation.
- If the employee needs a temporary residence card, consider obtaining a written confirmation even if notification would be enough.
- File for written confirmation between 60 and 10 days before the start date.
- For stays under 90 days, track each person's total days in the calendar year.
- Track when the confirmation expires and prepare the extension, remembering it can be extended only once.
- When the employee leaves, return the documents to the issuing authority as required.