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| A trade event for small-sized enterprises from South Korea and Vietnam, organized by KOTRA Hanoi__Photo: KOTRA Hanoi |
We are a Republic of Korea-invested company in Vietnam and plan to employ more Korean nationals to work in the country. Under the current law of Vietnam, are there any circumstances in which foreigners may work in Vietnam without a work permit?
Yes. Although the 2019 Labor Code generally requires foreign nationals working in Vietnam to obtain work permits, Article 154 of Decree 219/2025/ND-CP (Decree 219), effective August 7 this year, identifies several exemption categories. Depending on your company’s activities, the following cases may apply:
1. Short-term entry for service provision or technical emergencies
- Foreigners entering Vietnam for under three months to provide services;
- Foreigners entering Vietnam for under three months to handle complex technical or technological issues that affect or threaten to affect business operations and cannot be resolved by Vietnamese or foreign experts in Vietnam.
2. Investors and company leaders
- Owners or capital-contributing members of limited liability companies with a capital contribution of at least VND 3 billion;
- Chairpersons or members of the Board of Directors of joint-stock companies with a capital contribution of at least VND 3 billion.
3. Certain managers, executives, experts and technical workers
Foreign workers may be exempt from work permit if they:
- Work in Vietnam for less than 90 days in a calendar year (January 1 - December 31); or,
- Are intra-corporate transferees from a foreign enterprise with a commercial presence in Vietnam, operating in one of the 11 service sectors under Vietnam’s WTO commitments, and have been working for the foreign employer for at least 12 consecutive months before the transfer.
4. Foreigners working in state agencies or non-governmental organizations (NGOs)
- Heads of representative offices or projects, or individuals responsible for operations of international organizations or foreign NGOs;
- Individuals confirmed by the Ministry of Education and Training to teach, research or manage at education institutions proposed by foreign diplomatic missions or intergovernmental organizations;
- Individuals certified by ministries or provincial-level People’s Committees to work in finance, science, technology, innovation, national digital transformation, or other priority sectors.
5. Exemptions under treaties or international agreements
- Individuals whose work-permit exemption is specified under a treaty to which Vietnam is a contracting party;
- Individuals entering Vietnam to provide consulting services or perform tasks for ODA-funded programs or projects;
- Individuals sent to work as teachers or administrators at education institutions established under treaties;
- Foreign students, trainees or learners with internship agreements or job offers from Vietnamese entities; interns or trainees on Vietnamese-flagged vessels;
- Volunteers working on a non-paid basis under treaties;
- Individuals performing tasks under international agreements signed by central- or provincial-level bodies.
6. Other exemption groups
- Foreign lawyers licensed to practice in Vietnam;
- Foreigners married to Vietnamese citizens and residing in Vietnam;
- Foreign journalists accredited by the Ministry of Foreign Affairs;
- Relatives of members of foreign representative missions permitted to work under treaties;
- Persons responsible for establishing a commercial presence in Vietnam.
What documents must our company prepare to apply for a certificate of exemption from work permit for our foreign employees?
Under Article 8 of Decree 219, an application dossier for a certificate of exemption from work permit must be prepared for each foreign worker, including general personal documents and documents proving eligibility for the applicable exemption category circumstance.
1. General required documentation
- Request form for certification of work-permit exemption (Form No. 01 in the Appendix to the Decree);
- Health certificate issued by a qualified medical establishment, unless the health data has already been connected to the National Health Database; (a health certificate issued overseas may be accepted if Vietnam and the issuing jurisdiction have a mutual recognition agreement and the certificate is issued within 12 months prior to submission);
- Two 4cm×6cm color photo, white background, frontal view, bareheaded, without glasses;
- Valid passport.
2. Proof of eligibility by position or job
(a) Managers
- Company charter plus documentation of managerial status; or,
- Appointment/assignment decision; or,
- Establishment license and appointment document, for heads or deputy heads of agencies or organizations.
(b) Executive officers
- Certificate of branch operation, representative office operation or business location registration; or,
- Company charter/organizational structure documents; and,
- Employer’s confirmation of years of experience.
(c) Experts
- Any of the following:
+ University degree or higher (or equivalent) plus confirmation of years of experience;
+ University degree or equivalent in finance, science, technology, innovation, digital transformation, or a priority cooperation sector, plus confirmation of years of experience;
+ Certificates of outstanding achievements in culture or sports;
+ Specialized licenses such as pilot license, aircraft operation certificate, aircraft maintenance certificate, and seafarer competency certificate (foreign documents must be recognized by competent Vietnamese bodies);
+ Documents showing compliance with Vietnam’s relevant qualification standards, for experts in education and training;
+ Documents proving expertise in other specialized professions as guided by the relevant authority.
(d) Technical workers
- Diploma/certificate proving at least one year of training plus confirmation of work experience; or,
- Document directly confirming years of experience
(e) Intra-corporate transferees
- Document assigning the worker to Vietnam for a fixed term; and,
- Evidence of 12 consecutive months of employment with the foreign employer prior to entry.
3. Other exemption-related cases
- For foreigners working in state agencies or NGOs: Document issued by the competent Vietnamese authority;
- For foreigners performing jobs under treaties or international agreement: Job-assignment document from the foreign employer plus the relevant treaty or international agreements.
Note: If the foreign worker has previously worked in Vietnam, the existing certificate of exemption from work permit may be used as substitute for documents proving relevant work experience.- (VLLF)
