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Exemption Conditions for Managers, Directors, Experts, and Technicians in Vietnam

Updated · 8 min read

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Are you a foreign specialist invited to work in Vietnam, but unsure whether you need a work permit? Understanding the rules on work permit exemption for experts from the start can help your family and your employer avoid unnecessary time, effort and risk.

Not every job in Vietnam requires a work permit. Under Decree 219/2025/ND-CP, some managers, executive directors, experts and technical workers may not be required to obtain a work permit if they meet specific conditions.

In this article
  1. 📌 What Does Work Permit Exemption for Experts Mean?
  2. ⏰ Working for Less Than 90 Days in a Year
  3. 🏢 Intra-Company Transfers
  4. 🎓 Work Confirmed by a Competent Authority in Specific Fields
  5. 📑 Documents Proving the Position of Manager, Executive Director, Expert or Technical Worker
  6. ✅ Checklist to Check Before Concluding That You Are Exempt
  7. ⚠️ Important Notes on Notification and Certification

📌 What Does Work Permit Exemption for Experts Mean?

First, it is important to distinguish two concepts that are often confused. One is a work permit, for foreign workers who are required to obtain one. The other is a certification of not being subject to a work permit (giấy xác nhận không thuộc diện cấp giấy phép lao động), for foreign workers who meet the conditions for exemption.

If you are not yet sure which group you belong to, please review Do Foreigners Working in Vietnam Need a Work Permit or an Exemption Certification? for an overall view before looking at each case in detail.

Under Article 7 of Decree 219/2025/ND-CP, a foreign worker who is a manager, executive director, expert or technical worker may not be subject to a work permit in some specific cases. These cases are not a complete exemption from all procedures; the dossier, notification or application for a certification still need to be considered depending on the situation.

To correctly identify your job position, you should also refer to What Job Positions Can Foreigners Hold in Vietnam? Your job position is an important basis for checking the exemption conditions.

⏰ Working for Less Than 90 Days in a Year

This is the case that many experts are most interested in. A manager, executive director, expert or technical worker coming to Vietnam to work for a total of less than 90 days in one year, counted from 1 January to the last day of the year, is not subject to a work permit under Article 7 of Decree 219/2025/ND-CP.

This condition needs to be calculated carefully by calendar year. If the expected working time exceeds the prescribed limit, or extends into the following year, the employer needs to review again whether a work permit procedure must be carried out or a certification of not being subject to a work permit should be requested.

In practice, many experts only come to Vietnam for a short period to provide consultancy, transfer technology, provide short-term training or support a specific project. For short, clearly planned trips, counting the number of working days correctly is the first and very important step.

See also  What Documents Are Needed for a Work Permit Application?

Employers should keep clear records of the schedule, working period and expected job content. This information helps the competent authority compare details when necessary and helps the foreign worker be more proactive in preparation.

🏢 Intra-Company Transfers

The second case concerns foreign workers transferred within a company. Under the regulations, this is a temporary transfer within a foreign enterprise that has established a commercial presence in Vietnam, within the scope of 11 service sectors under Vietnam’s schedule of commitments on services with the World Trade Organization.

An important condition is that the worker was recruited by the foreign enterprise for at least 12 consecutive months immediately before coming to Vietnam to work. This period of time needs to be proven with clear written documents.

A commercial presence includes an economic organization with foreign investment capital, a representative office, a branch of a foreign trader in Vietnam, and an executive office of a foreign investor under a business cooperation contract.

For this case, the employer abroad needs a written document assigning the worker to work for a limited period at the commercial presence in Vietnam and confirming the previous recruitment period. Documents proving the position as a manager, executive director, expert or technical worker also need to be prepared under Article 19 of Decree 219/2025/ND-CP.

If your company plans to transfer staff from the parent company to Vietnam, please check the 12-month condition and the scope of service sectors carefully before finalising the schedule. A small error in time or documents can require the dossier to be supplemented, delaying the start of work.

🎓 Work Confirmed by a Competent Authority in Specific Fields

Another group of cases relates to confirmation by a competent Vietnamese authority. Specifically, a foreign worker who is a manager, executive director, expert or technical worker may not be subject to a work permit if confirmed by a ministry, a ministerial-level agency or a provincial People’s Committee (Ủy ban nhân dân cấp tỉnh) to come to Vietnam to work in the fields of finance, science, technology, innovation, national digital transformation, and fields prioritised for socio-economic development.

In addition, a case confirmed by the Ministry of Education and Training to come to Vietnam to teach, conduct research, transfer an international education programme, or work as a manager, executive director, principal or vice-principal of an educational institution proposed for establishment by a foreign diplomatic mission or an intergovernmental organization in Vietnam is also subject to consideration.

These cases show that policy encourages highly qualified experts with skills in fields that Vietnam prioritises for development. However, the confirmation must come from a competent authority, not just based on a private agreement between two parties.

See also  When Is a Foreign Employee Exempt from a Work Permit?

Therefore, employers need to proactively contact the specialised management agency for guidance on the necessary confirmation document. Do not wait until the worker has entered Vietnam to start finding out, as this may affect the agreed work plan.

📑 Documents Proving the Position of Manager, Executive Director, Expert or Technical Worker

Even if not subject to a work permit, a foreign worker still needs documents proving the correct job position. This is the basis for the competent authority to determine whether the exemption case is appropriate.

Under Article 19 of Decree 219/2025/ND-CP, the proving documents need to be prepared for each position group:

  • Manager: The company charter and documents proving the person is a manager, or an appointment or transfer document; a licence establishing the agency or organization, or an appointment or transfer document for the head or deputy head of an agency or organization.
  • Executive director: A certificate of registration for a branch, representative office or business location; the company charter or a document regulating the organizational structure; a written confirmation of the number of years of experience in a suitable field.
  • Expert: A diploma, certificate or university graduation certificate or equivalent and a written confirmation of years of experience; or a university diploma or higher in a training major and at least 01 year of suitable experience in finance, science, technology, innovation, national digital transformation or a field prioritised for socio-economic development.
  • Technical worker: A diploma, certificate or training certificate of at least 01 year and a written confirmation of at least 02 years of suitable experience; or a written confirmation of at least 03 years of work experience suitable for the position expected to be held in Vietnam.

If a foreign worker has already worked in Vietnam, a work permit or a certification of not being subject to a work permit that has been issued may be used in place of documents proving years of experience, as prescribed in Article 19.

In addition, foreign documents need to be consularly legalised, translated into Vietnamese and certified as prescribed, except where exempted under an international treaty or on the principle of reciprocity. This is a step that many families and businesses easily overlook when preparing a dossier.

✅ Checklist to Check Before Concluding That You Are Exempt

To avoid confusion, employers and foreign workers should review the following checklist:

  • ☐ Correctly identify the position: manager, executive director, expert or technical worker
  • ☐ Calculate whether the total working time in the year is less than 90 days
  • ☐ Check the intra-company transfer condition and the recruitment period of at least 12 consecutive months
  • ☐ Check whether the working field is confirmed by a ministry, ministerial-level agency or provincial People’s Committee
  • ☐ Prepare diplomas, certificates and written confirmations of experience under Article 19
  • ☐ Check that the passport is still valid, and prepare the health check certificate and photo as required for the dossier
  • ☐ Complete consular legalisation, translation and certification of foreign documents if needed
  • ☐ Determine whether to apply for a certification or only notify at least 03 working days in advance as prescribed
See also  How to Replace an Exemption Certification?

Reviewing each item calmly will help you feel more confident. If a condition is not yet clear, take time to check again instead of rushing to a conclusion.

⚠️ Important Notes on Notification and Certification

Not being subject to a work permit does not mean no procedure is needed at all. Depending on the case, the employer may have to submit a dossier requesting a certification of not being subject to a work permit, or only notify the competent authority where the foreign worker is expected to work at least 03 working days in advance.

The notification needs basic information such as full name, date of birth, nationality, passport number, name of the foreign employer, workplace and working period. Timely notification helps management be transparent and avoids legal risk.

For cases where a certification must be issued, the dossier needs to be submitted within 60 days and not less than 10 days before the date the foreign worker is expected to start work. The processing time is 05 working days from the date a complete dossier is received.

The validity of a certification of not being subject to a work permit is issued according to the period of each specific case but not more than 02 years. Employers also need to note that an extension is only carried out once with a maximum period of 02 years, as prescribed in Article 17 of Decree 219/2025/ND-CP.

To learn more about validity, you can refer to How Long Is an Exemption Certification Valid? and When Is a Foreign Employee Exempt from a Work Permit? to compare all other exemption groups.

If you are preparing for an expert, manager or technical worker to come and work in Vietnam, start by correctly identifying your case, preparing documents proving the position, and checking the working period from the beginning. A clear plan will make the working journey in Vietnam for you and your family gentler and more secure.

If you need further advice on work permit procedures for foreigners in Vietnam, you can contact the hotline 0347674755 for specific guidance for each case. Please check the current terms and regulations of the competent authority carefully before submitting your dossier to ensure every step complies with the regulations.

#Decree 219/2025 #foreign employee exemption #work permit exemption Vietnam #work permit Vietnam

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