The Vietnamese Governmen on October 20 issued Decree No. 393/2026/ND-CP governing foreign workers in Vietnam, effective from December 5.
The new decree officially specifies 18 categories of foreign employees who are exempt from work permit requirements, aiming to streamline administrative procedures and attract high-skilled international talent.
Under the new regulations, exempt individuals include foreign workers falling under Clauses 3, 4, 5, 6, 7, and 8 of Article 154 of the Labor Code, owners or capital-contributing members of limited liability companies with a capital contribution value of VND3 billion ($118,500) or more, and Chairpersons or members of the Board of Directors of joint-stock companies with equivalent capital contributions.
In addition, foreign experts entering Vietnam to provide technical consultancy or implement projects utilizing Official Development Assistance (ODA), preferential loans, and non-refundable aid, foreign journalists certified by the Ministry of Foreign Affairs, volunteers, and individuals responsible for establishing a commercial presence are also exempt.
The decree further extends permit exemptions to foreign teachers and managers in Vietnam. This applies to staff sent by foreign authorities to institutions established by diplomatic missions or intergovernmental organizations.
Exemptions also cover foreign students interning at local enterprises or on Vietnamese vessels. Relatives of foreign diplomatic personnel do not need a work permit. The same rule applies to official passport holders working for state agencies or socio-political organizations. Individuals executing international agreements signed by central or provincial authorities are also exempt.
Notably, exemptions cover intra-corporate transferees in 11 service sectors under Vietnam’s WTO commitments. Short-term workers and educators in international programs are also included.
The policy further waives permits for specialists with master’s degrees or higher in STEM, digital transformation, finance, and economics. Professors, associate professors, and doctorate holders teaching at higher education institutions are also exempt.
Furthermore, the exemption list covers individuals approved by ministries or provincial People's Committees, holders of special visa-exemption cards under Decree No. 221/2025/ND-CP, strategic technology experts and their relatives, and professionals recruited under the Prime Minister's National Artificial Intelligence Human Resource Development Program.
Ministry of Home Affairs data shows that as of late 2025, Vietnam had 162,858 foreign employees working nationwide, primarily consisting of experts, managers, and technical specialists from approximately 110 countries and territories, mainly mainland China, South Korea, Taiwan (China), and Japan.
Major economic hubs including Hanoi, Ho Chi Minh City, Bac Ninh, Hai Phong, and Dong Nai currently host the highest numbers of foreign workers.
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