Vietnam Work Permit Exemptions: Who May Qualify and What Employers Must Do

A foreign employee, company owner or visiting specialist may hear that a Vietnam work permit is “not needed.” That phrase is only the beginning of the analysis. The current framework asks which legal category applies, whether the facts and evidence meet that category, and whether the employer must obtain a certificate or give advance notice. This guide explains that classification route under Decree 219/2025/NĐ-CP, effective 7 August 2025, alongside the Labour Code. 1 2

Direct answer: Vietnam exempts specific foreign workers from a work permit, including certain qualifying company contributors, short-term specialists, intra-company transferees and people in treaty, project or mission-based categories. Eligibility depends on the exact statutory conditions and proof. Employers may still need a certificate confirming exemption from a work permit, or must notify the competent authority at least three working days before work begins.

What is a Vietnam work permit exemption?

A Vietnam work permit exemption is a statutory exception to the general rule that a foreign worker needs a work permit to work in Vietnam. The Labour Code provides the foundational exceptions in Article 154, while Decree 219 sets out 15 numbered exemption groups and the current procedures. The decree took effect immediately on 7 August 2025 and displaced the relevant foreign-worker provisions of the earlier Decree 152 framework. For a reader who does not fit an exemption, the separate permit-required route should be assessed rather than trying to stretch an exemption category. 1 2 3

This is therefore a classification guide, not a shortcut guide. It gives qualified general information for planning. Before a person begins work, the employer should confirm the actual working form, province, sector and documents with the competent authority or an appropriately qualified adviser, particularly where treaty, education, foreign-document or cross-province facts are involved. 1 6

Who may qualify under Decree 219?

The most usable way to read the exemptions is by factual pattern. The table groups the statutory cases into ownership, time-limited work, institutional or international assignments, education and family or mission routes. It is a screening tool: a “possible” category is not an approval, and categories requiring a certificate still need a complete, fact-appropriate dossier. 1 2

Exemption classification matrix

Table 1. Reader summary of selected exemption patterns under the Labour Code, Article 154, and Decree 219, Article 7. See sources [1] and [2] for operative Vietnamese text and full conditions.

Several categories deserve particular caution. A journalist’s case depends on Ministry of Foreign Affairs confirmation. A priority-field case depends on confirmation by the relevant ministry, ministerial-level body or provincial People’s Committee; an employer cannot self-label a role as “priority.” Education categories are also narrow. In a 2026 response concerning a foreign teacher, the Ministry of Home Affairs repeated the category wording and directed the school to obtain guidance from the competent Ho Chi Minh City authority for the specific file. That is a useful reminder that “teacher” is not itself an exemption. 1 6

Treaty and international-agreement cases need the actual legal instrument and the relevant assignment, not simply an overseas employment contract. Similarly, a student, learner or trainee route turns on the specified study, internship agreement, work invitation or sea-going-vessel facts. The safer employer practice is to prepare a concise fact map before choosing a route, then test every statement against the source documents. 1 2

Does the employer need a certificate or only give notice?

The employer’s first procedural question is not “is this person exempt?” in isolation. It is “which exemption group applies, and what does Article 9 require before the planned start?” Article 9 makes a practical split. Many groups follow the certificate route. The groups specifically listed in Article 9(4) do not make the certificate application, but the employer must still notify the competent authority at least three working days before the foreign worker is expected to start work. 1

Figure 2. Certificate versus advance-notice route under Decree 219, Article 9. Original visual created from cited legal source [1].

The notice-only list is exact. It covers Labour Code Article 154(4), (5), (6) and (8), as well as Decree 219 Article 7(2), (3), (5), (8), (10) and Article 7(13)(a). In operational terms, it includes the under-three-month service and technical-incident cases, licensed foreign lawyers, qualifying spouses, the stated LLC and JSC contributor cases, foreign journalists, certain mission relatives, those responsible for establishing a commercial presence, and the qualifying short-term specialist category. A similar-sounding category outside this list should not be assumed to be notice-only. 1 2

For a notice, Article 9(4) requires information that identifies the person and proposed work: name, date of birth, nationality, passport number, foreign employer, work location and work period. The receiving body is the competent authority that issues exemption certificates for the place where the foreign worker is expected to work. Since provincial People’s Committees have the statutory authority and may delegate the receiving function, the employer should confirm the current provincial route rather than rely on an office name copied from an old checklist. 1 3

The spouse example makes the distinction concrete. Labour Code Article 154(8) refers to a foreign national married to a Vietnamese citizen and living in Vietnam. The Ministry of Home Affairs confirmed in May 2026 that this case does not require a certificate application, but it does require the three-working-day notification. Marriage alone is not the complete statutory wording, and exemption does not resolve separate entry or residence questions. 2 5

How do the investor, 90-day and intra-company-transfer exemptions work?

Investor and mobility cases are the ones most often overclaimed because they sound commercially familiar. The legal tests are more precise. Start with company form and documented facts, then decide whether the case is a notice route, certificate route or standard work-permit case. Do not use a founder title, a group chart or a travel schedule as a substitute for the full statutory condition. 1 8

Investor and board-member routes: contribution value and corporate form

An LLC owner or capital contributor may be exempt where the capital contribution value is at least VND 3 billion. A joint-stock company route is separately framed for a chairperson or member of the Board of Directors with capital contribution of at least VND 3 billion. These are notice-only groups under Article 9(4), so an eligible employer still provides advance notice. The distinction matters: an LLC provision should not be applied to a JSC merely because a person calls themselves a director, and a shareholder, founder or executive below the threshold should not be treated as automatically exempt. 1 3

For planning, assemble current enterprise registration, charter or governance records, the person’s stated office or membership, and evidence of the relevant contribution value. Check that the proposed work narrative is consistent across company and labour documents. This exemption concerns work-permit status; it does not by itself establish the appropriate visa, temporary residence, investment or tax treatment. Those questions require separate current analysis. 1 8

The short-term route: count total Vietnam workdays in one calendar year

The short-term category applies only to a manager, executive director, expert or technical worker whose total work in Vietnam is under 90 days in a calendar year, measured from 1 January to 31 December. It is not 90 days per visit, per employer, per project or per visa. The category is notice-only, so the three-working-day notice remains part of a qualifying deployment. A borderline plan should be assessed conservatively before it reaches the threshold. 1 3 9

Figure 3. For the short-term category, count total Vietnam workdays from 1 January through 31 December. Original visual created from cited legal source [1].

Intra-company transfer: a four-part test

The intra-company-transfer exemption is a certificate route and is not available to every seconded employee. The person must be a manager, executive director, expert or technical worker; the transfer must be temporary within a foreign enterprise that has established a commercial presence in Vietnam; the work must fall within one of the 11 service sectors in Vietnam’s WTO Schedule of Specific Commitments in Services; and the worker must have been employed by the foreign enterprise for at least 12 consecutive months before transfer. These elements should be documented together. 1 3 8

Figure 4. Intra-company-transfer evidence should align across the role, group, commercial-presence, service-sector and prior-employment checks. Original visual created from cited legal source [1].

What documents and timing apply where a certificate is required?

Where the exemption does not fall within Article 9(4), the employer normally applies for a certificate confirming that the foreign worker is not subject to a work permit. This certificate is a distinct document from a work permit. Article 8 identifies a core dossier: Form No. 01, a health certificate, two photographs, a valid passport and documents proving the specific exemption category. Category-specific proof is the centre of the file; a generic dossier cannot establish a treaty, education, ODA, priority-field or transfer case on its own. 1 4

The employer files from 60 days to no fewer than 10 days before the expected start. After receipt of a complete dossier, the competent authority issues the certificate within five working days; if it will not issue, it gives written reasons within three working days. These are statutory processing points, not a promise that all preparation will fit into a fixed number of days. Foreign documents, translation, any applicable legalisation, corrections and local acceptance practices may add time. 1 3 4

Foreign-issued documents normally require consular legalisation, Vietnamese translation and certification, except where an international treaty, reciprocity or other law provides an exception. Do not say every document must be legalised: the correct answer depends on the issuing country, document type and applicable exception. The same caution applies to a foreign health certificate; the decree makes its acceptance conditional on the relevant treaty or mutual-recognition framework and an issue date within the stated limit. Confirm the current local checklist before submitting. 1 8

The certificate’s duration is tied to the underlying basis and is capped at two years. It may be renewed once, for up to two years, subject to the decree’s conditions. Decree 219 also provides for reissue in situations such as loss, damage and certain stated changes, including name, nationality, passport, work location or employer name where the employer identification number does not change. Employers should treat this as a change-control question, not assume every new fact calls for the same remedy. 1 8

What changes after the exemption is documented?

An exemption file should be governed through the assignment, not archived after the initial step. The certificate or notice is connected to stated facts: the exemption group, work period, location, employer, role and supporting basis. A later change can affect both the documentary route and the factual entitlement. Build a review point before extension, transfer, location expansion or change in corporate status. 1

For the same employer using the worker in more than one province, the head-office province is the competent authority for the main application. Before the worker starts in another province, the employer must notify the competent authority there at least three days in advance. That multi-province notice should not be confused with every type of location change. A 2026 Ministry response described a change in work location as currently being handled under the new-permit procedure in the work-permit context, while an amendment was proposed. The Ministry’s amendment page still records a consultation draft rather than enacted law, so recheck the final rule for a certificate holder’s facts before acting. 1 7

What this means for a founder or HR leader

The operational action is to classify first and schedule second. Before a foreign worker is booked to begin work, run an exemption review that links the real business need to one statutory group and one procedure. It is better to move from a possible exemption to a documented permit route early than to rely on an informal label that does not match the enterprise, role or time record. 1 2

1. Describe the work precisely. Record the activities, role, employer, province or provinces, work period and actual relationship to the Vietnam entity. 1

1. Test the legal category. Check Article 154 and Article 7 against the exact facts. For owners and board members, test both company form and VND 3 billion contribution value. 1

1. Decide the pre-start action. Use Article 9 to distinguish a certificate application from a notice-only case. Put the three-working-day notice deadline into the start plan when relevant. 1

1. Build the proof file. Use original source documents: corporate records, contribution evidence, transfer history, authority confirmations, treaty or project material, and calendar-year workday records. 1

1. Confirm local mechanics. Identify the current delegated provincial receiving authority, portal, accepted translations and any local documentation expectations. 1

1. Monitor changes. Review before a new province, new role, changed assignment, renewal, reissue event or additional short-term work period. 1

This sequencing protects both the person and the employer. It also keeps work-permit analysis separate from commercial choices such as whether to establish a Vietnam entity, use a staffing model or plan entry documentation. For broader operational planning, readers may separately explore VietPard’s live information on Vietnam company setup support, Vietnam visa options, and staff leasing and secondment support. These pages are contextual service links, not legal sources for the exemption tests explained above.

Common mistakes to avoid

The recurring error is to treat “exempt” as “no paperwork.” An exemption can remove the work-permit requirement while leaving a certificate application or employer notification obligation. Build the procedure into the work-start plan, and keep proof of the notice and supporting records with the assignment file. 1 5

Using 90 days as a per-entry allowance. The statutory test is under 90 total days in the 1 January–31 December calendar year, and only for the stated role categories. 1

Treating every founder or director as exempt. The LLC and JSC provisions are distinct and depend on the VND 3 billion contribution condition and specified office or membership. 1

Calling every group-company move an intra-company transfer. The role, 12 consecutive prior months, Vietnam commercial presence and WTO service-sector scope all have to be tested. 1

Assuming foreign teachers are generally exempt. The decree’s education routes are narrow, and the Ministry has advised fact-specific engagement with the competent authority. 1 6

Treating marriage to a Vietnamese citizen as automatic work permission. The statutory wording also requires living in Vietnam, and the Ministry confirms that an employer notice remains required. 1 5

Copying old Decree 152 process language. Decree 219 replaced the relevant earlier foreign-worker provisions; use its current filing and decision rules, not legacy timelines. 1

Need a documented route for a foreign worker? VietPard can help review the role, evidence and filing path for a permit, exemption certificate or advance notice. Explore Vietnam work permit support

Frequently asked questions

Who is exempt from a work permit in Vietnam?

The Labour Code and Decree 219 identify specific groups rather than a broad class of “exempt foreigners.” Examples include certain representative-office or project leads, defined short-term service cases, qualifying company contributors, some treaty, mission and education cases, qualifying short-term specialists and qualifying intra-company transferees. The relevant employer action—certificate or notice—depends on the exact group in Article 9. 1 2

Do investors need a work permit in Vietnam?

Not every investor is exempt. Decree 219 provides a notice-only exemption for an LLC owner or capital contributor with contribution value of at least VND 3 billion, and separately for a JSC board chairperson or board member with contribution value of at least VND 3 billion. The company form, office or membership and contribution evidence must match the statutory route. Exemption does not itself decide immigration or residence status. 1 3

Can I work in Vietnam for 90 days without a work permit?

The statutory wording is under 90 days of total work in Vietnam during one calendar year, from 1 January to 31 December. It applies only to a manager, executive director, expert or technical worker. It is not a 90-day allowance per entry, project or employer. Where the category applies, Article 9 still requires employer notification at least three working days before the planned start. 1 3

Do intra-company transferees need a work permit in Vietnam?

An intra-company transferee may qualify for exemption only if all stated elements are met: a qualifying role, temporary transfer within a foreign enterprise with commercial presence in Vietnam, work within one of the 11 WTO service sectors, and at least 12 consecutive months of prior employment by the foreign enterprise. The route normally requires an exemption certificate rather than only a notice. 1 8

Do foreign teachers need a work permit in Vietnam?

Many foreign teaching roles require the standard assessment; teaching is not a blanket exemption. Decree 219 includes narrowly defined institution-assignment and Ministry of Education and Training confirmed cases. In a 2026 response on an education case, the Ministry of Home Affairs advised engaging the competent local authority on the actual file. Confirm the school’s legal status, assignment and evidence before relying on an exemption. 1 6

Does a foreigner married to a Vietnamese citizen need a work permit?

Labour Code Article 154(8) exempts a foreign national who is married to a Vietnamese citizen and living in Vietnam. The Ministry of Home Affairs has confirmed that a certificate application is not required for that category, but the employer must notify the competent authority at least three working days before the planned start. The exemption does not replace separate immigration or residence analysis. 2 5

Conclusion

A Vietnam work permit exemption is best treated as a proof-based route, not a label. Start with the statutory group, match it to the real company, role, time and assignment facts, then apply the certificate-or-notice rule before work begins. The most defensible files make the employer’s reasoning visible: why the category applies, what documents prove it, which authority action was completed, and how the facts will be monitored after start. 1 2

That discipline matters most for investor, short-term and intra-company-transfer cases. A contribution threshold has to match the correct company form and records. The short-term route needs an under-90-day calendar-year total and a qualifying role. An intra-company transfer needs coherent evidence of the role, prior foreign employment, Vietnam commercial presence and WTO service-sector scope. Where those facts are incomplete or changing, a standard work-permit route may need to be considered instead of assuming an exemption. 1 3 8

The rules in this article are general information, not personal legal, immigration, tax or investment advice. Before filing or starting work, recheck the operative official text, the current provincial receiving route and any enacted amendment. The Ministry of Home Affairs page reviewed for this article records a 2026 consultation draft to amend Decree 219; a draft is not a change in force. For a case-specific review of the work-permit process, use the service route above after confirming the facts and supporting documents. 1 7

Sources and Further Reading

The sources below are claim-linked. Vietnamese primary legal sources are cited for operative requirements; professional sources are used as corroborating interpretation only. All URLs were accessed on 2026-09-10.

1. Government of Vietnam. “Decree No. 219/2025/NĐ-CP on foreign workers working in Vietnam.” Issued and effective 2025-08-07. Source link. Accessed 2026-09-10.

1. National Assembly of Vietnam. “Labour Code No. 45/2019/QH14.” Issued 2019-11-20; effective 2021-01-01. Source link. Accessed 2026-09-10.

1. Vietnam Government News. “Fresh regulations on work permit issuance to foreign workers.” Published 2025-08-08. Source link. Accessed 2026-09-10.

1. Vietnam Government News. “New rules on work permits for foreign workers.” Published 2025-08-07. Source link. Accessed 2026-09-10.

1. Government Policy Q&A / Ministry of Home Affairs. “When a foreign national is not subject to a work permit.” Published 2026-05-23. Source link. Accessed 2026-09-10.

1. Vietnam Government News / Ministry of Home Affairs. “What documents must a foreign teacher exempt from a work permit submit?.” Published 2026-03-02. Source link. Accessed 2026-09-10.

1. Ministry of Home Affairs. “Draft decree amending and supplementing Decree 219/2025/NĐ-CP.” Consultation 2026-05-25 to 2026-06-09. Source link. Accessed 2026-09-10.

1. Baker McKenzie. “Vietnam: New Work Permit Rules for Foreign Employees.” Published 2025-08-18. Source link. Accessed 2026-09-10.

1. Tilleke & Gibbins. “Vietnam Relaxes Requirements for Foreign Workers.” Published 2025-08-20. Source link. Accessed 2026-09-10.

1. VietPard. “Vietnam Work Permit Service.” Accessed 2026-09-10; service-route source, not legal authority. Source link. Accessed 2026-09-10.