Work Permit Exemption and Exemption Reporting Procedures

Decree No. 219/2025 not only strengthens the management of work permits but also expands and clarifies the cases in which foreign workers are exempt from obtaining a work permit. However, being exempt from a work permit does not mean that no procedures are required. In most cases, employers must still obtain a Certificate of Work Permit Exemption or complete the required notification procedures before the foreign employee begins working.

Decree No. 219/2025 not only strengthens the management of work permits but also expands and clarifies the cases in which foreign employees are exempt from obtaining a work permit. However, being exempt from a work permit does not mean that no procedures are required. In most cases, employers must still obtain a Certificate of Work Permit Exemption or complete the required notification procedures before the foreign employee starts working.

I. Categories of Foreign Workers Exempt from Work Permits

1. Investors, Capital-Contributing Members, and Board Members

This category includes:

Owners or capital-contributing members of limited liability companies (LLCs), and members of the Board of Directors of joint-stock companies whose capital contribution meets the statutory threshold.
These individuals are regarded as investors or senior executives rather than ordinary employees.

2. Family-Related Cases

Certain foreign nationals who are legally residing in Vietnam as the spouse of a Vietnamese citizen may be permitted to work without obtaining a separate work permit, provided they satisfy all applicable residence and employment requirements.

3. Experts and Technicians on Short-Term Assignments

This group includes experts and technicians entering Vietnam for a short period to:

Install, maintain, or repair machinery and production lines;
Provide technical support under service contracts; and
Perform other short-term technical assignments.

If their total working period in Vietnam does not exceed the prescribed limit (for example, 90 days per year) and all statutory conditions are met, they may qualify for a work permit exemption but are still required to complete the notification procedure.

4. Volunteers, Students, and Interns

Volunteers participating in programs approved by competent authorities or implemented under international treaties;
Students and trainees undertaking internships under agreements between educational institutions or cooperation programs.

Since their primary purpose is not paid employment in the ordinary sense, they are generally exempt from work permit requirements.

5. Cases Covered by International Treaties or Diplomatic Status

Certain individuals working in Vietnam under international agreements, cooperation programs, ODA-funded projects, or those enjoying diplomatic or consular status, including spouses of diplomatic personnel who are permitted to work under applicable agreements, may also be exempt from work permit requirements.

II. Distinguishing Between Exemption with Confirmation and Exemption Requiring Only Notification

1. Exemption Requiring a Certificate of Work Permit Exemption

Many exempt categories (such as investors, spouses of Vietnamese citizens, and volunteers) must obtain a Certificate of Work Permit Exemption. This certificate serves as the official proof to labor authorities, immigration authorities, business partners, and other relevant parties that the foreign employee is not required to obtain a work permit.

2. Exemption Requiring Notification Only

For certain short-term experts and technicians working within the prescribed duration, employers are only required to submit a prior notification to the labor authority specifying the working period, workplace, and job description.

Although no exemption certificate is issued, the notification and the authority's acknowledgment constitute important supporting documents for compliance purposes.

III. Dossier and Procedures for Obtaining a Certificate of Work Permit Exemption

1. Basic Application Documents

Depending on the applicant's category, the dossier generally includes:

An application for confirmation in the prescribed form;
Documents proving eligibility for exemption (such as capital contribution certificates, enterprise registration certificates, marriage certificates, appointment letters issued by international organizations, project agreements, volunteer program documents, etc.);
A copy of the employee's passport and photographs; and
Other documents required for specific cases.

2. Competent Authority and Processing Time

The employer shall submit the application to the competent provincial authority where the foreign employee is expected to work.

Within the statutory processing period (for example, five working days for a complete and valid application), the authority will issue the Certificate of Work Permit Exemption or provide a written explanation if the application is rejected.

3. Validity and Renewal

The certificate is generally valid for a period corresponding to the employment duration or the term of the relevant project or contract, subject to the maximum period prescribed by law (normally not exceeding two years).

Upon expiry, employers must apply for renewal or obtain a new certificate if continued employment is required.

IV. Notification Procedures for Certain Exempt Cases

For cases where only notification is required, employers must:

Prepare a notification in the prescribed form, specifying the foreign employee's information, purpose of employment, position, workplace, and working period;
Submit the notification to the competent authority within the statutory deadline before commencement of work; and
Retain proof of submission and any responses from the authority as evidence of compliance.

V. Common Mistakes When Applying Work Permit Exemption Regulations

1. Assuming That Work Permit Exemption Means No Procedures Are Required

Many employers mistakenly believe that exemption from a work permit also exempts them from all administrative procedures, resulting in neither obtaining an exemption certificate nor submitting the required notification.

In practice, such conduct may still be regarded as the unlawful employment of foreign workers.

2. Insufficient Supporting Documents

Applications lacking sufficient evidence of capital contribution, marital relationship, project participation, or other qualifying circumstances are often subject to repeated requests for supplementation or rejection.

3. Failure to Monitor the Certificate's Validity

Certificates of Work Permit Exemption are issued for a limited validity period.

Failure to monitor the expiry date may result in foreign employees continuing to work after the certificate has expired, thereby creating compliance risks.