Work permit law changes Vietnam 2026

From 2026, regulations for foreign workers in Vietnam have been updated according to Decree No. 219/2025/ND-CP (effective from August 7, 2025), replacing previous decrees such as 152/2020 and 70/2023. This expands the list of cases that do not require a work permit, creating more favorable expatriate employment regulations Vietnam update and businesses employing foreign workers in Vietnam.

1. List of Cases Exempt from Work Permit (Applicable from 2026)

According to Article 7 of Decree 219/2025/ND-CP, foreign workers are not required to obtain a work permit if they fall into one of the following cases:

A. Basic Cases according to the 2019 Labor Code

• Heads of representative offices or projects of international organizations or foreign non-governmental organizations in Vietnam.
• Foreigners entering Vietnam to work for less than 90 days a year (total working days, no work permit required, but the enterprise must notify the competent authority).
• Foreigners who are lawyers with a practicing license in Vietnam, while practicing in accordance with regulations.
• Foreigners under economic contracts or international agreements between domestic and foreign enterprises.
• Foreigners implementing ODA projects, technical service contracts, and consulting contracts in accordance with the law and international agreements.
• Foreign reporters and journalists are licensed to work in Vietnam by the Ministry of Foreign Affairs. 

Visa and work permit compliance Vietnam

>>>Read more: Human resource compliance- Services obtaining work permit for expatriate in Vietnam.

B. New or expanded cases according to Decree 219/2025

• Foreigners whose spouse is a Vietnamese citizen, legally residing in Vietnam and directly working in Vietnam → Not subject to the requirement of obtaining a work permit, but in practice, they still need to go through the procedure of confirming that they are not subject to the work permit requirement to ensure legality when working.
• Owners or contributing members of a limited liability company (LLC) with a capital contribution as prescribed (usually from 3 billion VND) – do not need a work permit to work at their own company.
• Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company (JSC) with a capital contribution as prescribed – exempt from foreign employee quota Vietnam new rules when participating in management.
• Workers who are certified by competent authorities to work in priority development sectors in Vietnam, such as: Finance, Science & Technology, Innovation, National Digital Transformation
• Persons entering Vietnam for less than 90 days to provide professional services/solve complex technical problems without a work permit (expanded from the old regulation of only 30 days).
• Foreign workers working in international programs and projects under contracts or international treaties to which Vietnam is a signatory.
• Foreign volunteers serving international cooperation or public service projects as certified by the relevant organization.
• Intra-corporate transferee: Experts, managers, and technicians transferred within the same multinational enterprise, subject to specified conditions.
• (Some cases in Decree 219 require businesses to obtain confirmation of exemption from work permits from competent authorities before employees start working.)

Foreign employee quota Vietnam new rules

3. Notable changes for 2026

• Extension of work permit exemption for short-term work:

-    Previously, foreigners were only exempt from work permits if they worked for less than 30 days per trip and no more than 90 days a year;
-    According to Decree 219/2025, foreigners can work for a total of less than 90 days a year without a work permit, although they must still notify the authorities.

• A new group of work permit exemptions based on family factors has been added: Foreigners officially married to Vietnamese citizens are now clearly defined as exempt from work permits, instead of the inconsistent application as before.
• Focus on attracting high-quality human resources: Priority is given to work permit exemptions for digital technology, innovation, science and finance sectors, in line with the national development strategy.

4. Administrative Procedures and Important Notes

• Confirmation of Exemption from Work Permit

Most cases of exemption from work permits do not mean that no procedures are required.
Businesses must still submit an application for "Confirmation of Exemption from Work Permit Requirements" to the Department of Labor, War Invalids and Social Affairs or an authorized agency.

• Exemption from expatriate employment regulations Vietnam update does not mean exemption from all legal obligations.

Foreign workers must still comply with:

• Regulations on visas and temporary residence permits
• Insurance (if applicable)
• Tax obligations and other related regulations

From 2026, Vietnam has expanded and clarified the list of cases exempted from work permits, notably adding the case of foreigners whose spouse is a Vietnamese citizen.

Understanding and correctly applying the cases of exemption from visa and work permit compliance Vietnam will help businesses and workers:

• Avoid legal risks
• Save time and costs
• Be proactive in planning work and investment in Vietnam

If you have any questions regarding immigration policy changes Vietnam workforce, please contact us!

Faro Vietnam

• Email: service@farovietnam.com.vn

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