List of 20 Cases of Work Permit Exemption for Foreigners

Foreigners working in Vietnam generally must be granted a work permit. However, current laws still provide many cases of work permit exemption for foreigners to create favorable conditions for investment, corporate management, and international personnel mobility.

In reality, many enterprises often confuse “being exempt from a work permit” with “not needing to perform any procedures.” Even if they fall under the exemption category, most cases still require a work permit exemption certificate before working in Vietnam.

The article below will help businesses accurately identify the subjects exempt from work permits, the required documents to prepare, and the detailed implementation procedures according to the latest regulations.

Key Points to Note

• Not all exempt cases can skip the confirmation procedure.
• There are approximately 20 cases eligible for exemption under current regulations.
• It is crucial to distinguish between permit exemption and exemption from the confirmation procedure.
• Required documents vary depending on each specific subject.
• Incorrect procedures can lead to administrative penalties.

Legal Basis for Work Permit Exemption for Foreigners

Exemptions are currently regulated primarily by:

• • The Labor Code 2019
  • Article 154 of the Labor Code
  • Decree No. 152/2020/ND-CP on foreign workers in Vietnam
  • Amending and guiding decrees
  • Decree No. 219/2025/ND-CP

According to regulations, in addition to cases that require a standard Work Permit, the law allows certain special subjects to be granted a work permit exemption.

List of 20 Cases of Work Permit Exemption According to Current Regulations

Below is the list of 20 cases of work permit exemption for foreigners according to the provisions of law in Vietnam:

1. Capital owners or members of a limited liability company with a capital contribution of 3 billion VND or more.
2. Chairman of the Board of Directors or members of the Board of Directors of a joint-stock company with a capital contribution of 3 billion VND or more.
3. Heads of representative offices, projects, or persons in charge of international organizations in Vietnam.
4. Entering Vietnam for less than 3 months to offer services for sale.
5. Foreign reporters and journalists operating media activities in Vietnam with certification from the Ministry of Foreign Affairs.
6. Sent to Vietnam by competent foreign agencies or organizations to teach or work as managers or executive directors at educational institutions established in Vietnam under the proposal of foreign diplomatic missions or intergovernmental organizations, or institutions established under international treaties that Vietnam has signed or participated in.
7. Foreign pupils, students, or trainees studying at schools or training institutions in Vietnam or abroad who have an internship agreement or a job offer letter with an employer in Vietnam; trainees practicing or apprenticing on Vietnamese sea-going vessels.
8. Relatives of members of foreign representative 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 entering to work for state agencies, political organizations, or socio-political organizations.
10. Persons responsible for establishing a commercial presence.
11. Volunteers working in Vietnam on a voluntary and unpaid basis to implement international treaties to which the Socialist Republic of Vietnam is a member, with certification from foreign diplomatic missions or international organizations in Vietnam.
12. Entering Vietnam to implement international agreements signed by central or provincial agencies and organizations in accordance with the law.
13. Foreign workers who are managers, executive directors, experts, or technical workers falling under one of the following cases:

• Entering Vietnam to work for a total duration of less than 90 days in a year, calculated from January 1st to the last day of that year;
• Intra-company transferees: Being temporarily transferred within the internal operations of a foreign enterprise that has established a commercial presence in the territory of Vietnam, within the scope of 11 service sectors in Vietnam’s schedule of specific commitments with the World Trade Organization (WTO), and who have been recruited by the foreign enterprise for at least 12 consecutive months prior to the transfer. Commercial presence includes foreign-invested economic organizations; representative offices and branches of foreign traders in Vietnam; and operating offices of foreign investors under business cooperation contracts.

     14. Certified by the Ministry of Education and Training to enter Vietnam to perform the following tasks:

• Teaching, researching, or transferring international educational programs;
• Working as managers, executive directors, principals, or vice-principals of educational institutions established in Vietnam under the proposal of foreign diplomatic missions or intergovernmental organizations.

    15. Certified 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, and other priority sectors for socio-economic development.

    16. Managers or experts working under the legally prescribed time limit.

    17. Teachers dispatched by foreign diplomatic missions.

    18. Foreign reporters and press members who are licensed.

    19. Persons certified by the Ministry of Education to enter for teaching and research.

    20. Special cases according to the decisions of competent authorities.

According to current regulations, there are about 20 cases belonging to the category of work permit exemption for foreigners (as listed above), spanning from investors and business managers to specific cases under international treaties or cooperation programs. However, in reality, not all cases appear frequently. Businesses encounter some specific groups of subjects much more often:

• Capital owners or contributing members meeting the conditions prescribed by law;
• Workers who are intra-company transferees from a parent company abroad to work in Vietnam;
• Short-term workers such as experts handling emergencies or providing technical support;
• Persons participating in teaching, research, or ODA programs;
• Persons married to Vietnamese citizens and residing legally in Vietnam.

Note: Even though they are exempt from a work permit, many cases still must perform the procedure to obtain a work permit exemption certificate before working in Vietnam.

Conditions to Be Granted a Work Permit Exemption Certificate

Being eligible for an exemption does not equate to being automatically allowed to work. Businesses need to prove:

• Belonging to the correct group of exempt subjects as prescribed by law.
• Possessing appropriate supporting documents.
• Having a clear purpose of work.
• Having a working duration that complies with regulations.

Depending on each case, the management authority may request additional documents proving the labor relationship or corporate profile.

Dossier and Procedures for Work Permit Exemption Certification for Foreigners

Dossier for Work Permit Exemption Certification for Foreigners

When implementing the process to request a work permit exemption certificate for foreign workers, enterprises need to prepare a full dossier in accordance with current regulations. Depending on the specific case, the receiving authority may request additional relevant documents. However, the basic dossier usually includes:

1. Written explanation of the demand for foreign labor and request for work permit issuance/exemption

The enterprise needs to prepare a document according to the prescribed form to present the demand for using foreign labor and request the competent authority to consider the case.

2. Valid health certificate

The foreign worker must have a health certificate issued by an eligible medical facility according to regulations. In some cases where health check data has been linked to the medical management system, a physical copy may not be required. For health certificates issued abroad, the validity period usually does not exceed 12 months from the date of issuance, and they must meet the recognition conditions under the regulations.

3. Valid passport

The worker needs to provide a copy of a passport that remains valid throughout the process of submitting and processing the dossier.

4. Criminal record certificate or equivalent document of validity

This document serves to prove that the worker is not currently undergoing criminal prosecution, does not have an unspent criminal record, or is not serving a sentence. Typically, this document must be issued within no more than 06 months up to the date of dossier submission.

5. Portrait photos

The enterprise prepares:

• 02 color photos;
• Size 4×6 cm;
• White background;
• Straight face;
• No hat, no glasses.

6. Documents proving the form of working in Vietnam

Depending on each specific case of employment, the supporting documents may vary, for example:

7. Documents proving qualifications or professional position

Workers need to provide appropriate documents to prove their status as:

• Managers;
• Executive directors;
• Experts;
• Technical workers.

Documents may include degrees, certificates, experience confirmations, or appointment decisions depending on each case.

Note: Documents issued abroad generally need to be consularly legalized, translated into Vietnamese, and notarized before being used in Vietnam. Refer to “Decree No. 219/2025/ND-CP” for further details.

Procedure to Apply for a Work Permit Exemption Certificate

Enterprises need to carry out the procedure to apply for a work permit exemption certificate for foreigners at the Department of Home Affairs (into which the Department of Labor, Invalids and Social Affairs has been merged) where the worker is expected to work. This process requires very careful preparation regarding the legal entity profile of the enterprise and evidence of the worker’s capacity.

Below is a summary table of the subjects exempt from work permits and the basic requirements to be exempted:

Exceptional Cases Not Requiring Confirmation Procedures for Work Permit Exemption

Some cases, although belonging to the category of work permit exemption for foreigners, must still carry out the full confirmation procedure.

Conversely, some exceptional cases do not need to perform the certificate procedure, such as:

• Entering Vietnam for less than 3 months to offer services for sale.
• Handling emergency technical incidents.
• Foreign lawyers who have been granted a license to practice law in Vietnam.

Enterprises need to check each case carefully to avoid confusion or contact a reputable team like Far East Legal immediately for A-Z advice and support!

Administrative Penalties for Lacking a Valid Exemption Certificate

Subjectively assuming that being in an exempt category means no procedures are required is the main cause of many enterprises being penalized. According to current penalty regulations, enterprises employing foreign workers without a work permit or without a valid work permit exemption certificate may face:

• Administrative fines ranging from tens of millions of VND depending on the severity of the violation;
• Requirements to terminate the employment of the foreign worker;
• The foreign worker may be forced to be deported from Vietnam.

In addition to financial costs, violations also heavily affect human resource plans, the legal profile, and the overall operations of the enterprise.

Related Articles:

• Work Permit for Foreigners: 2026 Updates

• [2026] Comprehensive Guide on Dossier for Requesting a Work Permit for Foreigners 

• New Regulations on Work Permit Conditions for Foreigners 2026