Vietnam Work Permit Rules Under Decree 393: Requirements, Exemptions, and Employer Actions

Vietnam work permit rules will change from 5 December 2026 under Decree No. 393/2026/ND-CP. Employers should review application deadlines, work permit exemptions, and requirements for short-term assignments before the new framework takes effect.

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What is Vietnam’s Decree 393/2026/ND-CP?

Decree No. 393/2026/ND-CP regulates foreign workers working in Vietnam. Issued on 20 October 2026, it takes effect on 5 December 2026 and replaces Decree No. 219/2025/ND-CP.

The decree sets out the conditions and procedures for issuing, reissuing, extending, and revoking work permits and work permit exemption certificates. It also defines the responsibilities of employers and competent authorities.

Also Read: Vietnam October 2026 Compliance Update: What Foreign-Invested Businesses Should Review

When do Vietnam’s new foreign worker rules take effect?

Decree 393 takes effect on 5 December 2026. Employers preparing applications around this date should distinguish between existing authorisations, pending applications, and applications to be submitted after implementation.

Employer question	Key requirement
When should a work permit application be submitted?	At least 10 working days, but no more than 60 days, before the expected start date
How long does processing take?	Up to 10 working days after receipt of a complete application
How long can a Vietnam work permit remain valid, and can it be extended?	A Vietnam work permit is valid for the duration of the relevant employment contract, assignment document, or qualifying contract or agreement, up to a maximum of two years. It may be extended once for up to two additional years, subject to meeting the extension requirements.
Which authority administers permits?	Provincial People’s Committees, including through delegated or authorised agencies

The processing period covers the authority’s review of the employer’s demand for foreign labour and issuance of the permit.

Who is exempt from a work permit in Vietnam?

Decree 393 specifies 18 categories of foreign workers eligible for work permit exemptions. Eligibility depends on the conditions attached to each category; holding a senior position or undertaking a short assignment does not, by itself, establish eligibility.

Selected categories relevant to investors and employers include:

Exemption category	Main qualification
Investors in limited liability companies	Owners or capital-contributing members with contributed capital of at least VND3 billion
Directors of joint-stock companies	Board chairpersons or members with contributed capital of at least VND3 billion
Intra-corporate transferees	Qualifying transfers within the 11 service sectors covered by Vietnam’s WTO commitments
Strategic technology experts	Experts working in designated strategic technology fields, and their relatives
Special visa exemption cardholders	Eligible individuals holding cards under Decree No. 221/2025/ND-CP
Artificial intelligence talent	Individuals attracted under the Prime Minister’s national programme for developing AI human resources

Other categories cover specified educational activities, volunteers, and certain international cooperation programmes. Businesses should establish the relevant category and supporting evidence before relying on an exemption.

Do foreign workers on assignments of up to 90 days need a work permit?

A short assignment does not automatically qualify for a work permit exemption. Decree 393 defines qualifying short-term work by managers, executive directors, experts, and technical workers as no more than 90 cumulative days in a calendar year.

The decree also states that where an arrangement involves hiring, employing, and paying wages, a work permit application under the employment contract route is required. Employers must therefore assess the working arrangement alongside its duration.

Companies deploying regional personnel should maintain a central record of working days in Vietnam. Reviewing each visit separately may overlook cumulative time across projects or business units.

When should employers start preparing a work permit application?

Employers should begin preparing documents before the statutory submission window. Applications must be submitted at least 10 working days, but no more than 60 days, before the expected start date, and the processing period begins upon receipt of a complete application.

Recruitment schedules should allow time to obtain overseas records, complete required document formalities, and resolve inconsistencies.

HR teams should check that job descriptions, assignment letters, employment documentation, and application information consistently describe the proposed role. Document preparation should form part of recruitment approval and project mobilisation.

Do existing Vietnam work permits remain valid after 5 December 2026?

Existing work permits and exemption certificates covered by the transitional provisions remain usable until expiry. Their subsequent issuance, reissuance, or extension follows the applicable provisions of the new decree.

Applications submitted before 5 December 2026 generally continue to be processed under Decree 219. A separate transitional provision addresses specified extension applications submitted under Resolution No. 24/2026/NQ-CP.

Employers should review each employee’s status and application history before deciding whether further action is required.

What should businesses do before Decree 393 takes effect?

Businesses should prioritise the following actions:

Action	Practical purpose
Audit foreign personnel	Record permit status, exemption grounds, expiry dates, and planned assignment changes
Review upcoming recruitment	Match expected start dates with application and document preparation timelines
Assess exemption eligibility	Identify the precise exemption category and evidence supporting it
Track short-term assignments	Monitor cumulative working days and review employment and remuneration arrangements
Check document consistency	Align job descriptions, assignment letters, contracts, and application details
Classify transition cases	Separate existing authorisations, pending applications, and future submissions

For businesses expanding operations in Vietnam, foreign employee authorisation should be addressed during workforce and project planning. Early review can help establish realistic start dates and reduce disruption during the transition.