Vietnam Work Permit Regulations : Important Changes Effective from 5 December 2026

Vietnam issued Decree No. 393/2026/ND-CP on 20 October 2026, introducing updated Work Permit requirements that will take effect on 5 December 2026. The changes will affect foreign employee eligibility, exemption categories, application procedures and employer responsibilities. Let's explore with G2B what businesses should review to prepare for the new requirements and ensure compliance.

What are the key updates to Vietnam's work permit requirements?

The new regulations bring several notable changes to the employment of foreign nationals in Vietnam. These updates cover eligibility criteria, exemption conditions, application procedures and employer obligations, with each area presenting specific requirements that businesses should know.

Additional work permit exemption options for foreign employees

The number of work permit exemption cases increases from 15 to 18, introducing additional options for businesses employing foreign nationals.

Notable categories include:

• Qualifying capital contributors and shareholders with capital contributions of at least 3 billion VND.
• Eligible personnel working in strategic technology and artificial intelligence (AI).
• Certain lecturers, researchers, professors and associate professors.

Businesses should check the eligibility conditions for each category. Depending on the case, foreign employees may still need a work permit exemption confirmation or the employer may need to complete a notification procedure.

Updated qualification requirements for foreign experts

Decree No. 393/2026/ND-CP expands the qualification criteria for foreign experts from two to six pathways. Foreign employees may qualify if they meet one of the following criteria:

• Hold a university degree or equivalent and have at least two years of relevant experience.
• Hold a degree in strategic technology or strategic technology products, with no minimum experience requirement under this pathway.
• Graduate with distinction or higher in science or technology from a top 500 university, with at least one year of relevant experience.
• Meet the specified criteria for professionals in culture, arts or sports.
• Participate in eligible teaching, research or academic exchange activities.
• Have at least five years of relevant experience, without a university degree requirement.

Faster processing for work permit extensions

The extension procedure is subject to a shorter processing period. Businesses should take note of the following timelines:

• Application submission: From 90 days to at least 10 days before the current work permit expires.
• Processing time: 5 working days, reduced from 10 working days.

Employers should plan extension applications in advance to avoid delays and potential interruptions to foreign employees' work arrangements.

Work permit extensions have shorter application and processing timeline

Additional requirements for recruiting foreign employees

Businesses recruiting foreign nationals for positions that Vietnamese workers cannot meet must pay attention to the applicable recruitment notice requirements. In particular, job vacancies must be advertised at least 5 working days in advance in applicable cases. Employers should also ensure that recruitment notices meet the required content and are published through permitted channels, as shortcomings in this process may affect the explanation of foreign labor demand and subsequent work permit applications.

Important conditions for intra-company transfers

Businesses should carefully identify the working arrangement applicable to foreign personnel assigned to Vietnam, particularly when distinguishing intra-company transfers from other forms of employment:

• Employees transferred within the same enterprise.
• Employees working under employment contracts.
• Employees performing work under service provision contracts.
• Employees working under other legally recognized arrangements.

Correctly identifying the employment arrangement is important for determining the applicable work permit requirements and preparing appropriate supporting documents.

Employer responsibilities for foreign employee management and reporting

Employers are required to pay closer attention to foreign employee information throughout the employment period, particularly changes involving employee details, work locations and employment periods. Businesses must also fulfil applicable notification and reporting obligations. For companies employing foreign nationals across multiple locations, maintaining a consistent process for monitoring employee information and managing related documents is important to support ongoing compliance.

What should businesses do before 5 December 2026?

To prepare for the new regulations, businesses should review their current arrangements and take the following steps before 5 December 2026:

• Review existing work permits and exemption documents: Check validity periods and identify employees whose documents may need to be renewed or updated.
• Reassess foreign employees eligibility: Review qualifications, professional experience, job positions and potential exemption eligibility.
• Review recruitment and employment arrangements: Check recruitment procedures, intra-company transfers and supporting employment documents.
• Update application and renewal procedures: Adjust internal timelines and document preparation processes to meet the new requirements.
• Strengthen employee management and compliance processes: Review record-keeping, reporting schedules and procedures for changes in employee information or work locations.

Businesses should review foreign employees' information before the effective date

Frequently asked questions about the new work permit regulations

1. When will the new work permit requirements take effect?

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

2. Are all foreign employees required to obtain a work permit?

No. Foreign employees who meet one of the 18 exemption categories under Decree No. However, employers must still complete the applicable declaration, notification and reporting procedures in accordance with Vietnamese regulations.

4. Can foreign employees use health certificates issued overseas?

Decree 393 provides for health certificates issued by a competent foreign medical establishment or a competent medical establishment in Vietnam. Employers should still verify the applicable authentication, translation and local filing requirements.

5. Can foreign employees work in Vietnam for up to 90 days without a work permit?

Not in every case. Businesses must check whether the employee's work arrangement and circumstances meet a specific exemption condition under Decree No. 393/2026/ND-CP.

6. Can businesses submit online applications without a Criminal Record Certificate?

Businesses may not need to submit a separate certificate if the relevant information can be retrieved from the judicial record database.

The implementation of Decree No. 393/2026/NĐ-CP introduces significant changes to the regulations governing the employment of foreign nationals in Vietnam. Before these new regulations officially take effect on December 5, 2026, businesses should proactively review existing employment agreements, assess relevant requirements, and ensure that all necessary documentation is prepared and internal processes are properly updated. Contact G2B for support with Visa / Work Permit / TRC Services in Vietnam!