When Is a Foreign Employee Exempt from a Work Permit?

Not every foreign employee working in Vietnam has to apply for a work permit. In many cases, they only need a confirmation of exemption from a work permit or simply need to give prior notification as required.

Identifying the correct category helps both the employee and the employer avoid wasted time and avoid starting work before the paperwork is complete. The article below summarises the cases under Article 7 of Decree 219/2025/ND-CP dated 07/8/2025.

If you are not sure which category you fall into, please read each group of cases carefully before starting work in Vietnam.

📌 Why distinguish between a work permit and a confirmation of exemption from a work permit?

A work permit is the document issued to a foreign employee who is required to obtain permission to work in Vietnam.

A confirmation of exemption from a work permit is a document confirming that a specific case is exempt from permit requirements under the regulations.

Some other cases do not require a confirmation, but the employer must still give prior notification to the competent authority where the employee is expected to work.

To better understand this distinction, you can refer to Do Foreigners Working in Vietnam Need a Work Permit or an Exemption Certification?

🧾 Cases exempt from a work permit under Article 7

Under Article 7 of Decree 219/2025/ND-CP, foreign employees are not subject to a work permit in the following groups:

• Cases under clauses 3, 4, 5, 6, 7 and 8 of Article 154 of the Labour Code. This group is referred to directly from the Labour Code.
• Owners or capital-contributing members of a limited liability company who have contributed VND 3 billion or more. The capital contribution level is an important basis for determining this category.
• Chairpersons or members of the Board of Management of a joint-stock company who have contributed VND 3 billion or more. Documents proving the capital contribution are required.
• Entering Vietnam to provide specialised or technical consultancy services, or to carry out tasks serving research, construction, appraisal, monitoring and evaluation, management, and implementation of programmes and projects using official development assistance (ODA). The condition is that there is a provision or agreement in an international treaty on ODA signed between a competent Vietnamese authority and a foreign party.
• Foreign journalists engaged in press activities confirmed by the Ministry of Foreign Affairs. Confirmation from the Ministry of Foreign Affairs is a necessary document.
• Sent by a competent foreign authority to Vietnam to teach, or to work as a manager or executive director at an educational institution established at the request of a foreign diplomatic mission, an intergovernmental organisation, or institutions and organisations established under an international treaty to which Vietnam is a signatory or party.
• Foreign students, trainees and learners studying at schools and training institutions in Vietnam or abroad who have an internship agreement or a work invitation from an employer in Vietnam. This group also includes trainees on Vietnamese seagoing vessels.
• Relatives of members of a foreign representative office in Vietnam who are permitted to work in Vietnam under an international treaty to which Vietnam is a party.
• Holders of an official passport entering Vietnam to work for a state agency, a political organisation, or a socio-political organisation.
• The person responsible for establishing a commercial presence.
• Volunteers working in Vietnam on a voluntary and unpaid basis to implement an international treaty to which Vietnam is a party. Volunteers need confirmation from a foreign diplomatic mission or an international organisation in Vietnam.
• Entering Vietnam to implement an international agreement signed by a central-level or provincial-level authority or organisation in accordance with the law.
• Managers, executive directors, experts and technical workers entering Vietnam to work for a total period of under 90 days in one year, calculated from 01/01 to the last day of the year. This is a time limit that needs to be calculated carefully by calendar year.
• Intra-corporate transferees for a limited term. A foreign enterprise that has established a commercial presence in Vietnam, within the scope of 11 service sectors under Vietnam’s WTO services commitments, and the employee was recruited at least 12 consecutive months beforehand.
• Confirmed by the Ministry of Education and Training to enter 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 established at the request of a foreign diplomatic mission or an intergovernmental organisation in Vietnam.
• Confirmed by a ministry, a ministerial-level agency, or a provincial People’s Committee to enter Vietnam to work in the fields of finance, science and technology, innovation, national digital transformation, and priority areas for socio-economic development.

These cases show that the exemption category is very diverse. Some are linked to capital contribution, some to international treaties, and some to short-term work duration.

Therefore, you should not rely only on a job title to reach a conclusion. You need to check the exact conditions set out in the Decree.

👥 What should managers, experts and technical workers pay attention to?

For managers, executive directors, experts and technical workers, working for under 90 days in one year is one of the bases for exemption from a work permit.

Intra-corporate transfers also need to meet several conditions at the same time. These are a commercial presence in Vietnam, being within the 11 committed service sectors, and having been recruited for at least 12 consecutive months immediately before entering Vietnam.

If these conditions are not fully met, the employee may fall into the category requiring a work permit. You can learn more about What Job Positions Can Foreigners Hold in Vietnam? to compare job titles.

Identifying the job position also helps determine the correct type of documents to prepare. Each position has different requirements for proof.

⚠️ Does exemption from a work permit mean no paperwork is needed?

No. Being exempt from a work permit does not mean that no procedures at all are required.

Many cases still need to apply for a confirmation of exemption from a work permit as prescribed.

Some cases only need to notify the competent authority where the foreign employee is expected to work at least 3 working days before the expected start date.

The notification should include full name, date of birth, nationality, passport number, the name of the foreign employer, the work location, and the work duration.

Therefore, the employer needs to check whether their case requires a confirmation or only prior notification.

✅ Checklist before concluding that a case is exempt from a work permit

• ☐ Identify the form of work and the expected job position in Vietnam
• ☐ Compare the case with the list in Article 7 of Decree 219/2025/ND-CP
• ☐ Check the documents proving the conditions, such as capital contribution, confirmation from a competent authority, an international treaty, or a secondment document
• ☐ Check the work duration, especially for cases of under 90 days in one year
• ☐ Check the intra-corporate transfer conditions, including commercial presence, service sector, and recruitment for at least 12 consecutive months beforehand
• ☐ Determine whether a confirmation is needed or only prior notification at least 3 working days in advance
• ☐ Prepare the dossier and submit it to the correct authority, on time, as currently prescribed

If you are not sure, please contact the competent authority in the locality where the foreign employee is expected to work for specific guidance.

You can also refer to Who Is Considered a Foreign Employee Working in Vietnam? to correctly identify the applicable subject.

Preparing correctly from the start helps the process of working in Vietnam go smoothly and gives greater peace of mind to families, individuals and businesses alike.