Cases in which foreign workers NOT required to apply for work permit
Monday, October 26,2026
AsemconnectVietnam - The Government has promulgated Decree No. 393/2026/ND-CP specifying cases in which foreign workers are NOT subject to work permit requirements.
Accordingly, foreign workers shall not be required to apply for a work permit in the following cases:
1. Foreign workers who fall under one of the cases specified in Clauses 3, 4, 5, 6, 7, and 8, Article 154 of the Labor Code.
2. Foreign workers who are owners or capital-contributing members of limited liability companies with a contributed capital value of VND 3 billion or more.
3. Foreign workers who are Chairpersons of the Board of Directors or members of the Board of Directors of joint-stock companies with a contributed capital value of VND 3 billion or more.
4. Foreign workers entering Viet Nam to provide professional and technical advisory services or perform other tasks serving the research, formulation, appraisal, monitoring, evaluation, management, and implementation of programs and projects using non-refundable aid, official development assistance (ODA), or preferential loans as provided in project or non-project documents approved by competent authorities, or international agreements on official development assistance, or international treaties on official development assistance and preferential loans signed between competent authorities of Viet Nam and foreign parties.
5. Foreign workers who are press and news correspondents confirmed by the Ministry of Foreign Affairs.
6. Foreign workers dispatched to Viet Nam by competent foreign agencies or organizations to teach or work as managers or executive directors at educational institutions whose establishment in Viet Nam was proposed by foreign diplomatic missions or intergovernmental organizations, or at institutions and organizations established under international treaties to which Viet Nam is a signatory or contracting party.
7. Foreign pupils, students, and trainees studying at schools and training institutions in Viet Nam or abroad who have internship agreements or job offers from agencies, organizations, or enterprises in Viet Nam; and trainees and apprentices on Vietnamese seagoing vessels.
8. Foreign workers who are relatives of members of foreign diplomatic missions in Viet Nam permitted to work in Viet Nam in accordance with international treaties to which the Socialist Republic of Viet Nam is a member country.
9. Foreign workers holding official passports entering Viet Nam to work for state agencies, political organizations, or socio-political organizations.
10. Foreign workers responsible for establishing a commercial presence.
11. Foreign workers who are volunteers.
12. Foreign workers entering Viet Nam to implement international agreements signed by central or provincial agencies and organizations in accordance with the law.
13. Foreign workers who fall under one of the following cases:
a) Entering Viet Nam for short-term work. In cases where an employment relationship, labor use, and salary payment arise, an application for a work permit under the form of an employment contract must be submitted in accordance with Article 19 of this Decree;
b) Internal transferees within enterprises operating within the scope of the 11 service sectors under Viet Nam's Schedule of Specific Commitments in Services with the World Trade Organization as specified in Appendix II attached to this Decree.
14. Foreigners working at educational institutions, including:
a) Participating in teaching, research, and transfer of international educational programs, including: teaching in joint educational or training programs approved by competent Vietnamese authorities; participating in projects, topics, scientific research cooperation programs, technology transfer, innovation, or international cooperation projects in education approved or signed by competent authorities;
b) Participating in educational and training cooperation programs and projects between foreign educational institutions and educational institutions in Viet Nam through cooperation documents or joint training programs;
c) Holding a master's degree or higher in STEM fields, science, technology, digital transformation, finance, economics, or business administration, participating in teaching and scientific research at educational institutions;
d) Holding a doctoral degree participating in teaching and scientific research at vocational education institutions or higher education institutions;
dd) Holding the title of professor or associate professor participating in teaching, research, and academic exchange at vocational education institutions or higher education institutions.
15. Foreign workers certified by ministries, ministerial-level agencies, or provincial-level People's Committees
16. Foreign workers who are granted special visa exemption cards pursuant to Decree No. 221/2025/ND-CP of the Government on fixed-term visa exemption for foreign nationals.
17. Foreign workers who are experts working in fields on the List of Strategic Technologies and the List of Strategic Technology Products pursuant to Decisions of the Prime Minister, and their relatives.
18. Foreign workers attracted under the Decision of the Prime Minister on the National Program for Artificial Intelligence Human Resources Development.
This Decree shall take effect from December 5, 2026./.
Source: en.baochinhphu.vn/cases-in-which-foreign-workers-are-not-subject-to-work-permit-requirements-111261022085318854.htm
1. Foreign workers who fall under one of the cases specified in Clauses 3, 4, 5, 6, 7, and 8, Article 154 of the Labor Code.
2. Foreign workers who are owners or capital-contributing members of limited liability companies with a contributed capital value of VND 3 billion or more.
3. Foreign workers who are Chairpersons of the Board of Directors or members of the Board of Directors of joint-stock companies with a contributed capital value of VND 3 billion or more.
4. Foreign workers entering Viet Nam to provide professional and technical advisory services or perform other tasks serving the research, formulation, appraisal, monitoring, evaluation, management, and implementation of programs and projects using non-refundable aid, official development assistance (ODA), or preferential loans as provided in project or non-project documents approved by competent authorities, or international agreements on official development assistance, or international treaties on official development assistance and preferential loans signed between competent authorities of Viet Nam and foreign parties.
5. Foreign workers who are press and news correspondents confirmed by the Ministry of Foreign Affairs.
6. Foreign workers dispatched to Viet Nam by competent foreign agencies or organizations to teach or work as managers or executive directors at educational institutions whose establishment in Viet Nam was proposed by foreign diplomatic missions or intergovernmental organizations, or at institutions and organizations established under international treaties to which Viet Nam is a signatory or contracting party.
7. Foreign pupils, students, and trainees studying at schools and training institutions in Viet Nam or abroad who have internship agreements or job offers from agencies, organizations, or enterprises in Viet Nam; and trainees and apprentices on Vietnamese seagoing vessels.
8. Foreign workers who are relatives of members of foreign diplomatic missions in Viet Nam permitted to work in Viet Nam in accordance with international treaties to which the Socialist Republic of Viet Nam is a member country.
9. Foreign workers holding official passports entering Viet Nam to work for state agencies, political organizations, or socio-political organizations.
10. Foreign workers responsible for establishing a commercial presence.
11. Foreign workers who are volunteers.
12. Foreign workers entering Viet Nam to implement international agreements signed by central or provincial agencies and organizations in accordance with the law.
13. Foreign workers who fall under one of the following cases:
a) Entering Viet Nam for short-term work. In cases where an employment relationship, labor use, and salary payment arise, an application for a work permit under the form of an employment contract must be submitted in accordance with Article 19 of this Decree;
b) Internal transferees within enterprises operating within the scope of the 11 service sectors under Viet Nam's Schedule of Specific Commitments in Services with the World Trade Organization as specified in Appendix II attached to this Decree.
14. Foreigners working at educational institutions, including:
a) Participating in teaching, research, and transfer of international educational programs, including: teaching in joint educational or training programs approved by competent Vietnamese authorities; participating in projects, topics, scientific research cooperation programs, technology transfer, innovation, or international cooperation projects in education approved or signed by competent authorities;
b) Participating in educational and training cooperation programs and projects between foreign educational institutions and educational institutions in Viet Nam through cooperation documents or joint training programs;
c) Holding a master's degree or higher in STEM fields, science, technology, digital transformation, finance, economics, or business administration, participating in teaching and scientific research at educational institutions;
d) Holding a doctoral degree participating in teaching and scientific research at vocational education institutions or higher education institutions;
dd) Holding the title of professor or associate professor participating in teaching, research, and academic exchange at vocational education institutions or higher education institutions.
15. Foreign workers certified by ministries, ministerial-level agencies, or provincial-level People's Committees
16. Foreign workers who are granted special visa exemption cards pursuant to Decree No. 221/2025/ND-CP of the Government on fixed-term visa exemption for foreign nationals.
17. Foreign workers who are experts working in fields on the List of Strategic Technologies and the List of Strategic Technology Products pursuant to Decisions of the Prime Minister, and their relatives.
18. Foreign workers attracted under the Decision of the Prime Minister on the National Program for Artificial Intelligence Human Resources Development.
This Decree shall take effect from December 5, 2026./.
Source: en.baochinhphu.vn/cases-in-which-foreign-workers-are-not-subject-to-work-permit-requirements-111261022085318854.htm
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