Work permit exemption in Vietnam (2025): Eligibility, Procedure & Legal advice

In the context of increasingly deep international economic integration, the demand for employing foreign workers in Vietnamese enterprises has been rising significantly, especially in sectors requiring high expertise such as technology, engineering, finance, and education. However, the employment of foreign workers goes beyond mere recruitment – it is closely tied to strict compliance with Vietnam’s labor regulations, particularly one critical issue: exemption from work permits.

According to the latest regulations in Decree No. 152/2020/ND-CP, as amended by Decree No. 70/2023/ND-CP, up to 20 categories of foreign nationals are permitted to work in Vietnam without obtaining a work permit, provided that a confirmation of exemption is duly submitted and approved. Properly understanding and complying with the procedures for confirming work permit exemption is a mandatory condition to avoid administrative penalties and to demonstrate professionalism and legal compliance in international human resources management.

In this article, LexConsult & Partners will help your business gain a clear understanding of:

– The legal concept of work permit exemption;

– Applicable categories of foreign workers;

– Detailed implementation procedures;

– And most importantly, the key legal considerations to keep in mind in 2025.

1. What is work permit exemption?

Work permit exemption is a legal mechanism that allows certain categories of foreign workers to work legally in Vietnam without having to obtain a work permit. Instead of undergoing a complex licensing procedure, those eligible for exemption are only required to submit a written explanation of the demand for foreign labor and file an application for confirmation of exemption with the competent authority.

Pursuant to Article 7 of Decree No. 152/2020/ND-CP, as amended by Decree No. 70/2023/ND-CP, being exempt from a work permit does not mean automatic legal employment. In all cases, a written confirmation of exemption issued by the Department of Labor, Invalids and Social Affairs is still mandatory.

2. Categories of foreign nationals exempt from work permits (updated 2025)

According to Article 154 of the 2019 Labor Code and Article 7 of Decree No. 152/2020/ND-CP (as amended and supplemented by Decree No. 70/2023/ND-CP), there are 20 categories of foreign nationals who are exempt from work permit requirements when working in Vietnam. However, they are still required to complete the exemption confirmation procedure with the competent authority.

Below is a list of the most commonly applicable exemption categories, updated as of 2025:

No.	Category of Foreign National	Requirement	Notes
1	Capital-contributing members/shareholders in companies with contributed capital of at least VND 3 billion	Notification or confirmation of exemption	Depending on the specific case
2	Chairman or members of the Board of Directors in joint-stock companies (capital ≥ VND 3 billion)	Same as above
3	Intra-corporate transferees in 11 WTO-committed sectors	Confirmation of exemption required	Includes business, finance, education, etc.
4	Working in Vietnam for no more than 30 days per visit and not exceeding 3 visits/year	Notification only	Experts, managers, technicians
5	Foreigners married to Vietnamese citizens and residing in Vietnam	Notification only
6	Investors establishing a commercial presence in Vietnam	Confirmation of exemption required
7	Implementing international agreements signed between Vietnamese and foreign agencies/organizations	Confirmation of exemption required
8	Working under ODA projects or international aid programs	Confirmation of exemption required
9	Students/interns working at Vietnamese enterprises under agreements	Confirmation of exemption required
10	Volunteers working without pay under international agreements	Confirmation of exemption required	Must be certified by diplomatic missions
11	Lecturers/experts at international schools (affiliated with diplomatic/UN bodies)	Confirmation of exemption required
12	Working for NGOs or international organizations in Vietnam	Confirmation of exemption required	e.g., heads of representative offices, project directors
13	Persons responsible for establishing commercial presence	Confirmation of exemption required
14	Teaching/researching at universities (certified by the Ministry of Education and Training)	Confirmation of exemption required
15	Journalists with a press card issued for activities in Vietnam	Confirmation of exemption required	Licensed by the Ministry of Foreign Affairs
16	Entering Vietnam to offer services or sell goods for ≤ 3 months	Notification only
17	Handling emergency technical incidents in Vietnam for ≤ 3 months	Confirmation of exemption required	When domestic personnel cannot resolve the issue
18	Using diplomatic/service passports to work for political-social organizations	Confirmation of exemption required
19	Relatives of members of diplomatic missions in Vietnam	Notification only
20	Foreign lawyers licensed to practice in Vietnam	Notification only	Confirmation not required

3. Procedures for obtaining a confirmation of work permit exemption

Although certain foreign nationals may be exempt from obtaining a work permit in Vietnam, they are still required to carry out procedures to obtain a written confirmation of exemption, except in a few specific cases. The following are the updated procedures applicable for employers:

3.1. Timeline and competent authority

According to Clauses 1 and 5, Article 8 of Decree No. 152/2020/ND-CP:

– The employer must submit the application for confirmation at least 10 working days prior to the expected commencement date of the foreign employee’s employment in Vietnam.

– Submission authority: The Department of Labor, War Invalids and Social Affairs (abbreviated as DOLISA) in the locality where the foreign worker is expected to work.

Note: In certain provinces and cities (e.g., Ho Chi Minh City), the Department of Labor, War Invalids and Social Affairs has been merged into the Department of Home Affairs under the new administrative structure. Therefore, businesses should verify the current name and actual receiving authority in the locality concerned.

– Processing time: Within 05 working days from the date of receipt of a complete and valid application dossier, the competent authority shall issue the Confirmation of Non-Requirement for Work Permit.

– Validity of the confirmation: Up to 02 years from the issuance date.

3.2. Application dossier for work permit exemption confirmation

According to Clause 3, Article 8 of Decree No. 152/2020/ND-CP, the dossier shall include:

– Application form for confirmation that the foreign national is not subject to work permit requirements (Form No. 09/PLI, Appendix I of the Decree);

– Certified copy of the valid passport of the foreign employee;

– Health certificate issued by a competent medical institution in Vietnam or abroad, valid within the last 12 months;

– Approval document for the employment of foreign workers, unless exempted under regulations;

– Supporting documents proving exemption eligibility: such as investment licenses, appointment decisions, internal corporate transfers, diplomatic notes, or international agreements, etc.

Note: Documents issued abroad must be consular legalized, translated into Vietnamese, and certified or notarized in accordance with Vietnamese regulations.

3.3. Cases subject only to notification (No confirmation required)

According to Clause 2, Article 8 of Decree No. 152/2020/ND-CP, several categories of foreign nationals are exempt from work permits and do not require written confirmation, but must submit a written notification to the Department of Labor, War Invalids and Social Affairs (DOLISA) (or Department of Home Affairs in merged provinces) at least 03 days prior to the date the foreign employee starts working, including:

– Entering Vietnam for less than 3 months to offer services;

– Foreign lawyers with valid law practice licenses in Vietnam;

– Foreign nationals married to Vietnamese citizens and residing in Vietnam;

– Investors or members contributing capital to limited liability companies or joint-stock companies with capital contributions of at least VND 3 billion;

– Managers, specialists, or technicians working less than 30 days per occasion and not exceeding 03 times per year;

– Dependents of members of foreign diplomatic missions in Vietnam.

The notification must clearly state: Full name, nationality, passport number, employer’s name, job title, and intended duration of employment.

Understanding and properly complying with the procedures for obtaining a confirmation of work permit exemption helps businesses avoid administrative penalties and ensures the legality of employing foreign workers in Vietnam. In the context of increasingly tightened regulations on the management of foreign labor, preparing complete and timely documentation is a prerequisite for legal compliance and stable business operations.

4. Legal notes on work permit exemption for foreign workers

Obtaining a work permit exemption for foreign employees does not mean that enterprises can disregard mandatory legal procedures. The following key points must be noted to ensure full compliance with Vietnamese labor regulations:

4.1. Exemption does not mean exemption from procedures

Many businesses mistakenly believe that foreign nationals eligible for a work permit exemption are not required to complete any formalities. However, under Article 8 of Decree No. 152/2020/ND-CP, most exemption cases must still submit an application for exemption confirmation to the Department of Labor, Invalids and Social Affairs (DOLISA) — now merged with the Department of Home Affairs in some provinces. Failure to complete this process may result in penalties for employing foreign workers without proper authorization.

4.2. Validity period of the confirmation document

The confirmation of work permit exemption is valid for a maximum of 2 years. Upon expiration, if the foreign employee continues working in Vietnam, the employer must resubmit a full application for a new confirmation. Monitoring expiration dates and renewing in time is critical to avoid legal disruption.

4.3. Correctly identifying eligible persons

Correctly determining whether a foreign worker qualifies for exemption is essential. Not all investors or foreign experts are exempt. For example, only those contributing capital of VND 3 billion or more may qualify. Enterprises should cross-reference with the 20 exemption groups listed in Article 7 of Decree 152/2020/ND-CP (as amended by Decree 70/2023/ND-CP) for accurate assessment.

4.4. Proper legalization and certification of documents

Documents such as passports, health certificates, degrees, and professional confirmations issued abroad must be legalized, translated into Vietnamese, and certified. Incomplete legalization or incorrect certification is a common reason for rejection of exemption applications.

4.5. Distinction between exemption and reporting-only cases

Certain foreign nationals do not require exemption confirmation, only a written report to DOLISA (or the Department of Home Affairs in some provinces), such as:

– Licensed foreign lawyers practicing in Vietnam

– Foreign nationals married to Vietnamese citizens

– Those working less than 30 days and no more than 3 times/year

Reporting must be submitted at least 3 working days before the start of employment.

4.6. Accurate and complete reporting requirements

Even in reporting-only cases, businesses must send a formal notification with detailed information, including: full name, nationality, passport number, job title, employer, and employment period. Incomplete or incorrect reporting may lead to administrative penalties.

While the work permit exemption process is simpler than obtaining a work permit, it still carries significant legal risks if misunderstood. A thorough understanding of the procedures, timelines, required documents, and distinction between exemption and reporting obligations will help businesses manage foreign employees in a lawful, safe, and efficient manner.

5. Frequently asked questions about work permit exemption

Do foreign investors with a capital contribution of VND 3 billion or more need to take any action to be exempt from a work permit?
→ Yes. Although they are eligible for exemption, they must still submit an application for work permit exemption confirmation to the Department of Labor, Invalids and Social Affairs (DOLISA) to ensure compliance. In certain cases, only notification is required instead of formal confirmation.

Can missing documents in an exemption application be supplemented later?
→ Yes, but it is advisable that businesses prepare a complete and accurate application from the outset. The most common errors involve missing consular legalization or notarized translations, which often result in the application being returned.

Can a company be fined for failing to apply for work permit exemption confirmation?
→ Yes. If a business employs a foreign worker who qualifies for exemption but fails to submit the required confirmation or notification, it may face administrative fines ranging from VND 60 to 150 million, depending on the severity of the violation (as stipulated in Decree No. 12/2022/ND-CP).

Is consular legalization mandatory for documents in the exemption application?
→ Yes. All documents issued overseas — including degrees, certificates, appointment decisions — must be consular legalized, translated into Vietnamese, and properly notarized in accordance with Vietnamese law.

How can a company determine whether a foreign worker qualifies for work permit exemption?
→ Employers must refer to the 20 exemption categories listed under Articles 7 and 8 of Decree No. 152/2020/ND-CP, and evaluate based on the worker’s position, documentation, intended period of work, and purpose of entry into Vietnam.

Employing foreign workers can be a strategic advantage that enhances technical capacity and promotes technology transfer to Vietnamese enterprises. However, to implement it legally and minimize risk, businesses must fully understand and comply with work permit exemption regulations — including eligibility, documentation, processing time, and whether exemption confirmation or only notification is required.

In 2025, as Vietnamese authorities increase oversight, omitting mandatory confirmation or notification steps may result in fines of hundreds of millions of VND, while also damaging corporate reputation and compliance standing. Therefore, businesses are strongly advised to work closely with their legal department or seek professional legal counsel to ensure all procedures are performed accurately and on time.

If your company is planning to hire foreign experts, executives, or investors, do not overlook the review of exemption eligibility and preparation of a compliant application.

LexConsult & Partners Law Firm is ready to support you — from identifying applicable exemption categories, drafting documentation, to providing legal guidance throughout the exemption confirmation process.
Let the employment of foreign personnel be an asset — not a liability.