Work Permit Exemption for Foreigners: Conditions, Beneficiaries, and Procedures under the Latest Regulations

What is a Work Permit Exemption?

According to Vietnamese law, foreign workers in Vietnam are, in principle, required to obtain a Work Permit, except for cases falling under the exemption provisions of the Labor Code and its guiding documents.

Work Permit exemption does not mean that workers are free to work without any procedures. In most cases, businesses must still complete the procedure to confirm that the worker is not subject to a Work Permit or notify the labor management agency before the worker commences employment.

Conditions for Work Permit Exemption

Not all foreign workers are exempt from Work Permits. To qualify for this mechanism, the worker must fall into one of the legally stipulated categories and fully meet the corresponding conditions.

Some common conditions include:

1. Investors or Capital Contributors

Foreigners who are investors or capital contributors in a business in Vietnam are only exempt from Work Permits if they meet the capital contribution value requirements as stipulated by law.

2. Intra-company Transferees

Workers transferred by a foreign enterprise to work at its commercial presence in Vietnam must meet the conditions regarding the duration of employment at the parent company and belong to professions specified in Vietnam's commitments to the WTO.

3. Spouses of Vietnamese Citizens

Foreigners legally married to Vietnamese citizens and residing in Vietnam are exempt from Work Permits under current regulations.

4. Short-term Workers

Some experts, managers, or technical workers entering Vietnam for short-term work are also exempt if they fully meet the conditions regarding the duration of work and the number of entries as stipulated.

Beneficiaries of Work Permit Exemption

Under current regulations, there are many groups of individuals exempt from Work Permits. Some common cases include:

• Investors, capital contributors.
• Members of the Board of Directors of joint-stock companies.
• Intra-company transferees.
• Foreign lawyers licensed to practice in Vietnam.
• Foreigners married to Vietnamese citizens.
• Experts working on ODA projects.
• Individuals working for international organizations or non-governmental organizations.
• Journalists licensed by the Ministry of Foreign Affairs.
• Individuals entering Vietnam for less than 03 months to offer services.
• Individuals entering Vietnam to handle urgent technical issues.
• Other cases as stipulated by the Labor Code and guiding decrees.

Application Dossier for Work Permit Exemption Confirmation

For cases requiring confirmation, the dossier typically includes:

• Written request for confirmation of not being subject to a Work Permit.
• Valid passport.
• Health certificate.
• Written approval for the demand for foreign labor (if applicable).
• Documents proving eligibility for exemption.
• Other documents as required for specific cases.

For documents issued abroad, businesses should note the requirement for consular legalization, translation, and notarization as stipulated.

Procedure for Work Permit Exemption Confirmation

Step 1. Prepare the dossier

Businesses review the conditions and prepare a complete dossier for each specific case.

Step 2. Submit the dossier

The dossier is submitted to the labor management agency before the anticipated start date of employment for the worker, within the legally prescribed timeframe.

Step 3. Competent authority processes

Upon receiving a valid dossier, the competent authority reviews and issues a written confirmation that the worker is not subject to a Work Permit as stipulated. 

Related articles

• Decree 219/2025/ND-CP: A Comprehensive Reform in Foreign Labor Management in Vietnam
• LEGAL UPDATES | Electronic Labor Contracts from July 1, 2026: What Businesses Need to Prepare Before Digital Transformation?

Frequently Asked Questions

What should readers know about Work Permit Exemption for Foreigners: Conditions, Beneficiaries, and Procedures under the Latest Regulations?

This article provides detailed information on cases where foreign workers are exempt from Work Permits in Vietnam, including conditions, beneficiaries, and implementation procedures according to the latest legal provisions.

What should readers know about Work Permit Exemption for Foreigners: Conditions, Beneficiaries, and Procedures under the Latest Regulations?

This article provides detailed information on cases where foreign workers are exempt from Work Permits in Vietnam, including conditions, beneficiaries, and implementation procedures according to the latest legal provisions.

What should readers know about Work Permit Exemption for Foreigners: Conditions, Beneficiaries, and Procedures under the Latest Regulations?

This article provides detailed information on cases where foreign workers are exempt from Work Permits in Vietnam, including conditions, beneficiaries, and implementation procedures according to the latest legal provisions.

What should readers know about Work Permit Exemption for Foreigners: Conditions, Beneficiaries, and Procedures under the Latest Regulations?

This article provides detailed information on cases where foreign workers are exempt from Work Permits in Vietnam, including conditions, beneficiaries, and implementation procedures according to the latest legal provisions.