Vietnam's new foreign worker decree sets out work permit exemptions, application timelines & validity

Coming into effect on 5 December 2026, Decree No. 393/2026/ND-CP outlines the requirements for foreign workers in Vietnam, including who qualifies for work permit exemptions and how long permits remain valid.

Employers hiring foreign workers in Vietnam should take note of the upcoming Decree No. 393/2026/ND-CP, which sets out the conditions and procedures governing the employment of foreign workers in the country.

According to LuatVietnam, under Article 1, the Decree covers the conditions, application dossiers, and procedures for the granting, re-granting, extension and revocation of work permits and work permit exemption certificates.

It also addresses the temporary transfer of foreign workers working in Vietnam under Article 157 of the Labour Code, as well as foreign workers exempt from work permit requirements under Clauses 1, 2 and 9 of Article 154 of the Labour Code.

LuatVietnam highlighted several notable provisions under the new Decree.

Foreign workers eligible for work permit exemptions

Under Article 8, foreign workers who fall under the cases specified in Clauses 3, 4, 5, 6, 7 and 8 of Article 154 of the Labour Code, as well as other cases listed in the Decree, are exempt from work permit requirements.

According to LuatVietnam, these include foreign workers who are:

• Owners or capital-contributing members of limited liability companies with a contributed capital value of at least VND3bn,
• Chairpersons or members of boards of directors with a contributed capital value of at least VND3bn,
• Volunteers, and
• Married to Vietnamese citizens and residing in Vietnam.

Employers must submit work permit applications 10 to 60 days before the start date

Under Article 23, employers must submit a work permit application dossier at least 10 working days, but no more than 60 days, before the date on which the foreign worker is expected to start work.

LuatVietnam noted that the competent authority will have 10 working days from receiving a complete application dossier to consider approval of the demand for foreign workers and grant the work permit.

If the demand is rejected or the work permit is not granted, the competent authority must provide a written response clearly stating the reasons.

Work permits and extensions limited to two years

Under Article 22, the validity period of a work permit will correspond to the duration specified in one of the relevant supporting documents or arrangements.

These include the term of the employment contract to be signed, the period stated in the document assigning the foreign worker to Vietnam, or the term of a contract or agreement signed between Vietnamese and foreign partners.

However, the validity period must not exceed two years.

Article 30 also provides that an extension of a work permit must not exceed two years.

Provincial-level People's Committees responsible for work permit procedures

Article 5 provides that provincial-level People's Committees are responsible for granting, re-granting, extending and revoking work permits and work permit exemption certificates for foreign workers working in their respective localities.

According to LuatVietnam, these committees may also decide to decentralise or authorise competent agencies to carry out these responsibilities in accordance with the law.

Decree No. 393/2026/ND-CP will take effect on 5 December 2026, replacing Decree No. 219/2025/ND-CP.

Employers in Vietnam should familiarise themselves with the new requirements ahead of the effective date, particularly the provisions on work permit exemptions, application timelines and validity periods.

The full text of Decree No. 393/2026/ND-CP is available here.

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