VIETNAM’S NEW WORK PERMIT REGULATIONS: KEY CHANGES AND LEGAL IMPLICATIONS

On 20 October 2026, the Vietnamese Government issued Decree No.393/2026/ND-CP (“Decree 393”) regulating foreign workers working in Vietnam, effective from 05 December 2026, and replacing Decree No.219/2025/ND-CP (“Decree 219”).

Notable changes focus on criteria for certain job positions, cases where foreign workers are not subject to work permit requirements, and application processing procedures. The Decree also expands the acceptance of online applications and the use of electronic data, thereby reducing administrative burdens and enabling businesses to be more proactive in international recruitment and employee management.

1. Expanding the scope and adjusting the job positions for foreign workers in Vietnam

(a) Adjusting criteria for job positions

• Expert: Decree 393 expands the criteria for identifying experts, adding the following groups:
  • An individual holding a university degree or an equivalent qualification in field included in the List of Strategic Technologies and the List of Strategic Technology Products;
  • An individual holding a university degree classified as good or higher in science and technology from a university ranked among the world’s top 500 with at least 1 year of work experience;
  • An expert in teaching and scientific research;
  • An expert in the fields of culture, arts and sports;
  • An expert with at least 5 years of experience relevant to the position the foreign worker is expected to fill in Vietnam.
• Executive: For individuals who head and directly manage a particular area of operations of an agency, organization or enterprise, the minimum required period of relevant work experience has been reduced from 3 years to 2 years.

These changes may expand the available workforce for businesses, especially in specialized fields. However, employers should still prepare adequate supporting documents to demonstrate that foreign workers meet the requirements for their intended job positions.

(b) Expanding the categories of cases not subject to work permit requirements

The Decree stipulates 18 cases in which foreign workers are not subject to work permit requirements, supplementing and clarifying the following groups:

• Education: Foreigners engaged in teaching, research and transfer of international education programs; those participating in educational and training cooperation programs and projects; those holding a Master’s degree or above in certain specified fields; and individuals holding a doctoral degree or the title of Professor or Associate Professor. Notably, the requirement to obtain confirmation from the Ministry of Education and Training, as previously required, has been removed.
• Individuals who are issued a special visa-exemption card in accordance with Decree No. 221/2025/ND-CP of the Government;
• Foreign workers who are experts working in fields covered by the List of Strategic Technologies and the List of Strategic Technology Products, and their family members;
• Foreign workers recruited under the National Program for Artificial Intelligence Human Resource Development.

These additions reflect a move towards facilitating the recruitment of foreign workers, especially in the fields of technology, education, and research. However, not being subject to work permit requirements does not mean all administrative procedures are waived. Depending on the group, employers may still need to obtain a Certificate of work-permit exemption or submit a notification before the foreign worker’s expected commencement date. The notification requirement is also determined on a case-by-case basis.

(c) Adjusting the conditions for intra-company transfers and short-term work

• Intra-company transfers:
  • This category no longer applies to technical workers.
  • It is now limited to managers, executives, and experts (working in the 11 service sectors covered by Vietnam’s WTO commitments, and have been employed by a foreign enterprise for at least 12 consecutive months).
  • The validity period of the Certificate of work-permit exemption has also been extended to a maximum of 3 years (previously 2 years).
• Short-term work:
  • The total working period, whether for one or more Vietnamese employers, must not exceed 90 days per year.
  • If an employment relationship arises, involving hiring, employment of foreign workers in return for wages, employers are required to obtain a Work permit under the employment contract arrangement.

Therefore, employers should not assume that all foreign workers performing work in Vietnam for less than 90 days are automatically exempt from work permit requirements. Instead, they need to assess the nature of the work, the form of work, and the relationship between the parties.

2. Simplify procedures and adjust applications processing times

(a) Simplify the application process and required documents.

• Digitalization of procedures: Employers are allowed to submit applications online via the National Public Service Portal. When applications are submitted online, a judicial record certificate can be automatically retrieved from the judicial record database.
• More flexible document requirements: For certain documents, employers may submit a certified true copy or a copy accompanied by the original for comparison or an electronically certified copy, instead of being required to submit the original documents.
• Reduction of required document for extension: The health certificate is no longer required when applying for an extension of a Certificate of work-permit exemption and Work permit.

(b) Adjusting application submission deadlines and processing times

• Extend application submission period for extension: Employers may submit applications for the extension of a Certificate of work-permit exemption or Work permit between 10 and 90 working days before its expiry date.
• Reduce processing time: The processing time for Work permit extension applications has been reduced from 10 days to 5 working days from the date of receiving a complete application.
• Procedure for obtaining a new Certificate of work-permit exemption or Work permit after the extension period: Where a foreign worker has extended their Certificate of work-permit exemption or Work permit, but wishes to continue working for the same employer in the same job position and field of work, employers must submit an application for issuance of Certificate of work-permit exemption or Work permit between 10 and 60 working days before the expiry date of the extension.

(c) Add cases for Work permits re-issuance

• Additional cases for Work permit re-issuance: A Work permit shall be re-issued where there is a change in the head office, branch, representative office, business location or executive office of the foreign contractor.

Summary of administrative procedure timelines:

Type of document	Procedure	Submission deadline	Processing time
Certificate of work-permit exemption	New issuance	From 10 – 60 working days before the scheduled work date.	5 working days
	Re-issuance	This falls under the provisions of Article 12 of Decree 393.	3 working days
	Extend	From 10 – 90 working days before the expiration date of the certificate	5 working days
Work permit	New issuance	From 10 – 60 working days before the scheduled work date.	10 working days
	Re-issuance	This falls under the provisions of Article 24 of Decree 393.	3 working days
	Extend	From 10 – 90 working days before the expiration date of the Work permit	5 working days

Note: The processing time is calculated from the date the competent authority receives all valid documents.

3. Adjusting authority and tightening revocation obligations

• Flexible delegation and authorization: Province-level People’s Committees shall decide on the decentralization and authorization of competent agencies to carry out the issuance, re-issuance, extension and revocation of Work permits and Certificates of work-permit exemption, allowing procedures to be handled more efficiently at the local level.
• Shortened the time for revocation: Where Work permits or Certificates of work-permit exemption is subject to revocation, the employer must revoke and return the Work permits or Certificates within 10 working days, reduced from the previous 15-day period.
• Centralized management via electronic databases: To strengthen the utilization of the database of foreign workers working in Vietnam, employers are required to update information accurately and promptly.

4. Strengthen employers’ management responsibilities and obligations

Decree 393 introduces stricter requirements to ensure national security, transparency in the labor market, and enhance employers’ accountability:

• Utilize foreign workers appropriately: Employers only recruit and employ foreign workers to directly meet their operational needs; are not allowed to engage in labor subleasing involving foreign workers.
• Strengthen consistency requirements in recruitment:
  • The qualifications and conditions of prospective foreign workers must not fall below the requirements for education and experience stated in the recruitment announcement.
  • The actual employment information (location, field, form, workplace, duration) must be absolutely consistent with the published information.
  • Employers are encouraged to post free recruitment announcements on the national employment exchange or through public employment service organizations
• Digital management and periodic reporting:
  • Submit periodic reports before June 5 and December 5 of each year, or ad hoc reports when requested; or when there are changes in the employment of foreign workers.
  • Periodic reporting is not required if information on foreign workers has already been synchronized and directly retrieved from the database of foreign workers working in Vietnam.
  • Employers are fully legally responsible for the accuracy of the information provided.

5. Transitional provisions

• Applications submitted before 5 December 2026:
  • Work Permits and Certificates of work-permit exemption that were issued, re-issued, or extended before 5 December 2026, shall remain valid until their expiration date.
  • Applications submitted before the effective date of this Decree shall continue to be processed in accordance with Decree 219.
• After 5 December 2026:
  • The new provisions under Decree 393 shall apply.
  • When applying for the re-issuance or extension of a Work Permit or Certificate of work-permit exemption, foreign workers may change job positions if they meet the new criteria.

Midland & Partners comment:

Decree No. 393/2026/NĐ-CP represents more than a reform of administrative procedures. It reflects a broader strategic policy shift by the Vietnamese Government toward attracting international talent, particularly in advanced technology sectors, while strengthening regulatory oversight through digitalization and data-driven management.

The Decree introduces greater flexibility for businesses employing foreign nationals by revising certain eligibility criteria for job positions, expanding categories of workers exempt from work permit requirements, adjusting application processing timelines, and introducing additional online application options. It also underscores the Government’s commitment to developing electronic databases and integrating digital technologies into administrative procedures and the management of foreign workers.

These reforms are expected to facilitate workforce planning, international employee transfers, and recruitment activities while reducing administrative burdens and improving procedural efficiency for businesses operating in Vietnam.

Nevertheless, greater procedural flexibility does not eliminate employers’ compliance obligations. Businesses must ensure that supporting documentation accurately demonstrates eligibility under the applicable categories. Particular attention should be paid to consistency among actual employment arrangements, supporting documents, and information submitted through electronic systems, as well as compliance with statutory deadlines for the issuance, reissuance, extension, and revocation of work permits and certificates confirming work permit exemptions.

For foreign-invested enterprises and other employers in Vietnam, understanding these regulatory changes and implementing appropriate compliance measures will be essential to effectively managing their international workforce.

Suggestions for clients:

Phase 1: Before 5 December 2026:

1. Review the list of foreign workers: Identify documents expiring around 5 December 2026, to calculate the optimal timeframe for early re-issuance application submission (10–90 working days before expiry) to maximize the benefits of transitional provisions.
2. Update internal procedures: Adjust the process for revoking Work permits/ Certificates of work-permit exemption in certain cases to ensure the 10-day deadline is met, and re-examine short-term contracts under 90 days to avoid the risk of mischaracterized employment relationships.
3. Standardize the Recruitment Process – Application Documents: Ensure that the job description and recruitment requirements published are consistent with the actual qualifications and experience of the recruited workers.
4. Complete the electronic document infrastructure: Register and complete your business account on the National Public Service Portal, and get ready to submit and access electronic data.

Phase 2: From 5 December 2026 onwards

1. Implement the new process comprehensively: Implement forms and application documents according to the standards of Decree 393 for all arising procedures.
2. Review cases of intra-company transfers: Reassess the working conditions of employees, especially technical workers, before reassigning them to work after their current documents expire.
3. Update management processes to ensure consistency and provide regular reports: Monitor paperwork deadlines, update employee information, and fulfill periodic reporting obligations or submit/synchronize data through the Public Service Portal to benefit from the exemption from manual reporting.

Disclaimer: This update is provided for general legal information purposes only and does not constitute legal advice for any specific matter. Should you require an assessment of your compliance obligations or tailored legal advice regarding enterprise registration, ownership structures, investment procedures, or related regulatory matters, please contact Midland & Partners Law Firm for further assistance.

By Do Anh Minh, Paralegal, Midland & Partners