Work Permit Exemption

Cases Where Foreign Workers Are Not Subject to a Work Permit in Vietnam

In addition to the cases specified in Clauses 3, 4, 5, 6, 7, and 8, Article 154 of the Labor Code, the following foreign workers are exempt from obtaining a work permit:

1. Head of a representative office, project, or the person primarily responsible for the operations of an international organization or foreign non-governmental organization in Vietnam.
2. Entering Vietnam for a period of less than 03 months to offer services.
3. Entering Vietnam for a period of less than 03 months to handle an incident, technical problem, or complex technological issue that affects or threatens to affect production or business operations, and which cannot be resolved by Vietnamese experts or foreign experts currently in Vietnam.
4. Foreign lawyers who have been granted a License to Practice Law in Vietnam in accordance with the Law on Lawyers.
5. Cases as stipulated in international treaties to which the Socialist Republic of Vietnam is a signatory.
6. Foreigners married to Vietnamese citizens and residing within the territory of Vietnam.

Foreign workers are exempt from obtaining a work permit in the following cases:

1. Owner or capital-contributing member of a limited liability company with a capital contribution value of at least VND 3 billion.
2. Chairman or member of the Board of Directors of a joint-stock company with a capital contribution value of at least VND 3 billion.
3. Intra-corporate transferees within the scope of 11 service sectors listed in Vietnam’s schedule of commitments to the World Trade Organization, including: business, information, construction, distribution, education, environment, finance, health, tourism, culture and entertainment, and transportation.
4. Entering Vietnam to provide consultancy on professional or technical matters or to perform other tasks related to research, development, appraisal, monitoring, evaluation, management, and implementation of programs or projects funded by official development assistance (ODA) in accordance with the provisions or agreements in international treaties on ODA signed between competent Vietnamese and foreign authorities.
5. Foreign journalists who have been granted confirmation by the Ministry of Foreign Affairs to conduct press activities in Vietnam.
6. Assigned by a competent foreign agency or organization to Vietnam to teach or serve as a manager or executive director at an educational institution established at the request of a foreign diplomatic mission or intergovernmental organization in Vietnam, or at institutions established under international treaties to which Vietnam is a party.
7. Students or trainees currently studying at foreign schools or training institutions who have an internship agreement with agencies, organizations, or enterprises in Vietnam; or interns/apprentices on Vietnamese vessels.
8. Dependents of members of foreign diplomatic missions in Vietnam who are permitted to work in Vietnam under the provisions of international treaties to which the Socialist Republic of Vietnam is a member.
9. Holders of official passports working for state agencies, political organizations, or socio-political organizations in Vietnam.
10. Individuals responsible for establishing a commercial presence in Vietnam.
11. Volunteers (foreign workers voluntarily working in Vietnam without salary to fulfill international treaties to which Vietnam is a party, with confirmation from a foreign diplomatic mission or international organization in Vietnam).
12. Entering Vietnam to implement an international agreement signed by central or provincial-level agencies or organizations in accordance with Vietnamese law.
13. Foreign workers who are managers, executive directors, experts, or technical workers in one of the following cases:
    a) Entering Vietnam to work for a total period of less than 90 days and not more than three times in a year (from January 1 to December 31);
    b) Intra-corporate transferees temporarily working in a foreign enterprise’s commercial presence in Vietnam within the 11 WTO service sectors, having 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 in business cooperation contracts.
14. Confirmed by the Ministry of Education and Training to enter Vietnam for the following purposes:
    a) Teaching or conducting research;
    b) Serving as a manager, executive director, principal, or vice-principal at an educational institution established at the request of a foreign diplomatic mission or intergovernmental organization in Vietnam.
15. Confirmed by ministries, ministerial-level agencies, or provincial People’s Committees to enter Vietnam to work in the fields of finance, science, technology, innovation, national digital transformation, or other socio-economic priority sectors.

Authorities Responsible for Certifying that a Foreign Worker is Not Subject to a Work Permit Requirement

Under current Vietnamese law, the authority to certify that a foreign worker is not subject to a work permit requirement lies with the Provincial People’s Committee, specifically as follows:

1. Authority of the Provincial People’s Committee

• The Provincial People’s Committee has the power to issue, reissue, extend, and revoke:
• Work permits.
• Certificates of exemption from the work permit requirement.
• This applies to foreign workers employed by an employer whose head office, branch, representative office, or business location is located in the locality where the foreign worker is expected to work.

2. Case of Working in Multiple Provinces/Cities

• If a foreign worker works for one employer but in multiple provinces or centrally run cities, then:
• The Provincial People’s Committee where the employer’s head office is located has the authority to handle all procedures related to the issuance, reissuance, extension, and revocation of the relevant documents.

3. Delegation of Authority

• The Provincial People’s Committee may delegate its authority to a competent specialized agency (e.g., the Department of Labor, Invalids, and Social Affairs) to carry out the certification procedures in accordance with the law.

When Is It Necessary to Obtain a Certification for Foreign Workers Not Subject to a Work Permit in Vietnam?

Within a period of 60 days, but no less than 10 days prior to the date a foreign worker is expected to commence employment in Vietnam, the employer must submit an application for the Certification of Foreign Workers Not Subject to a Work Permit.

Cases Where Foreign Workers Are Not Subject to a Work Permit and Do Not Need to Apply for the Certification:

1. Entering Vietnam for a period of less than 03 months to offer services.
2. Entering Vietnam for a period of less than 03 months to handle incidents, complex technical or technological situations that may affect or threaten to affect production and business, and which cannot be resolved by Vietnamese experts or foreign experts currently in Vietnam.
3. Being a foreign lawyer who has been granted a Lawyer’s Practicing Certificate in Vietnam in accordance with the Law on Lawyers.
4. Foreigners married to Vietnamese citizens and residing in Vietnam.
5. Being the owner or a capital-contributing member with a capital contribution value of at least VND 3 billion in a limited liability company.
6. Being the Chairman of the Board of Directors or a member of the Board of Directors with a capital contribution value of at least VND 3 billion in a joint-stock company.
7. Foreign journalists engaged in press activities and certified by the Ministry of Foreign Affairs.
8. Relatives of members of foreign diplomatic missions in Vietnam who are permitted to work in Vietnam under international treaties to which the Socialist Republic of Vietnam is a signatory.
9. Persons responsible for establishing a commercial presence in Vietnam.
10. Working in Vietnam for a total period of less than 90 days in a calendar year (from January 1 to the last day of the year).

The above cases are exempt from the procedure for obtaining a Certification of Foreign Workers Not Subject to a Work Permit. However, employers must notify the competent authority responsible for issuing such certification in the locality where the foreign worker is expected to work. The notification must include: full name, age, nationality, passport number, name of the foreign employer, start date, and end date of employment. This must be submitted at least 03 working days prior to the date the foreign worker is expected to start working in Vietnam.

Validity Period of the Certification for Foreign Workers Not Subject to a Work Permit

The validity period of the Certification for Foreign Workers Not Subject to a Work Permit is a maximum of 02 years and is determined based on one of the following:

1. The term of the labor contract expected to be signed.
2. The term specified by the foreign entity assigning the foreign worker to work in Vietnam.
3. The term of the contract or agreement signed between the Vietnamese and foreign partners.
4. The term of the service contract or agreement signed between the Vietnamese and foreign partners.
5. The term stated in the document from the service provider assigning the foreign worker to Vietnam for service contract negotiations.
6. The term stated in the operating license of the organization, agency, or enterprise.
7. The term stated in the document from the service provider assigning the foreign worker to Vietnam to establish a commercial presence.
8. The term stated in the document proving the foreign worker’s participation in activities of a foreign enterprise that has established a commercial presence in Vietnam.

In the case of re-issuance of the Certification for Foreign Workers Not Subject to a Work Permit, the maximum validity period is 02 years.

Dossier for Requesting Confirmation of Exemption from a Work Permit

The dossier for requesting confirmation that a foreign worker is not subject to the requirement for a work permit includes:

a) A written request for confirmation that the foreign worker is not subject to the requirement for a work permit.

b) A health certificate issued by an eligible medical examination and treatment facility, except in cases where the health examination results have been connected and shared on the Information System for the Management of Medical Examination and Treatment Activities or the national healthcare database. For health certificates issued by a competent foreign medical facility, they may be used if Vietnam and the country or territory issuing the certificate have a treaty or mutual recognition agreement, and the health certificate is valid for no more than 12 months from the date of issuance.

c) Two (02) color photos (size 4 cm x 6 cm, white background, full face, head uncovered, no glasses).

d) A valid passport.

đ) Documents proving that the foreign worker is not subject to the requirement for a work permit, which shall be one of the following:

1. A document issued by a competent authority as prescribed by law for cases such as: Head of representative office, project, or person primarily responsible for the operations of an international organization or foreign non-governmental organization in Vietnam, or one of the following cases:

   1.1 Holding an official passport and working for a state agency, political organization, or socio-political organization.

   1.2 Confirmed by the Ministry of Education and Training to enter Vietnam to:

        1.2.1 Teach, conduct research, or transfer international education programs;

        1.2.2 Serve as a manager, executive director, principal, or vice principal of an educational institution established at the request of a foreign diplomatic mission or intergovernmental organization in Vietnam.
   1.3 Confirmed by ministries, ministerial-level agencies, or provincial People's Committees to enter Vietnam to work in the fields of finance, science, technology, innovation, national digital transformation, or other socio-economic development priority sectors.

2. A document from the foreign employer assigning the foreign worker, accompanied by an agreement or international treaty to which the Socialist Republic of Vietnam is a member, in cases stipulated under such treaties, or one of the following cases:

   2.1 Entering Vietnam to provide professional and technical consultancy services or perform other tasks related to the research, development, appraisal, monitoring, evaluation, management, and implementation of programs or projects using official development assistance (ODA) funds, as stipulated or agreed upon in signed international treaties on ODA between competent authorities of Vietnam and foreign parties.

   2.2 Assigned by a competent foreign agency or organization to teach or work as a manager or executive director at an educational institution established at the request of a foreign diplomatic mission or intergovernmental organization in Vietnam, or at institutions/organizations established under international treaties to which Vietnam is a signatory or participant.

   2.3 Foreign students, trainees, or interns studying at schools or training institutions in Vietnam or abroad who have an internship agreement or a job offer from a Vietnamese employer; trainees or apprentices working on Vietnamese ships.

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

   2.5 Entering Vietnam to implement an international agreement signed by a central or provincial-level agency or organization in accordance with the law.

3. Documents proving that the foreign worker is a manager, executive director, expert, or technical worker, as prescribed, together with a document from the foreign employer assigning the foreign worker to work temporarily at a commercial presence in Vietnam, and confirmation that the foreign worker has been employed by the foreign employer for at least 12 consecutive months immediately prior to entering Vietnam, in cases of intra-corporate transferees: temporary movement within a foreign enterprise that has established a commercial presence in Vietnam in one of the 11 service sectors specified in Vietnam’s service commitments to the World Trade Organization, and has been employed by the foreign enterprise for at least 12 consecutive months.

   3.1 A commercial presence includes foreign-invested economic organizations; representative offices and branches of foreign traders in Vietnam; and executive offices of foreign investors under business cooperation contracts.

4. All documents must be submitted as one original or a certified copy. If issued abroad, they must be legalized by consular authorities, translated into Vietnamese, and notarized or certified, unless exempt from consular legalization under an international treaty to which both Vietnam and the foreign country are parties, under the principle of reciprocity, or as otherwise provided by law.

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