UPDATE AS PER DEGREE 219/2025/NĐ-CP
Validity period of confirmations of exemption from work permit requirement
The validity period of confirmations of exemption from work permit requirement shall be the same as that of one of the cases specified in Article 21 of Degree 219/2026/NĐ-CP but not exceed 02 years.
1. Persons who fall under one of the cases specified in Clauses 3, 4, 5, 6, 7, and 8 of Article 154 of the Labor Code.
2. Owners or capital contributors with a capital contribution value of VND 3 billion or more in a limited liability company.
3. Chairpersons of the Board of Directors or members of the Board of Directors with a capital contribution value of VND 3 billion or more in a limited liability company.
4. Persons who enter Vietnam to provide consulting services on expertise and technology or to perform other tasks serving the research, development, appraisal, monitoring, evaluation, management, and implementation of programs or projects using official development assistance in accordance with regulations or agreements in international treaties on official development assistance signed between competent authorities of Vietnam and foreign countries.
5. Foreign journalists engaging in press activities confirmed by the Ministry of Foreign Affairs.
6. Persons who are sent by competent foreign agency or organization to Vietnam to teach or work as a manager, or CEO at educational institutions established upon the request of foreign diplomatic missions, intergovernmental organizations in Vietnam, or institutions/organizations established under international treaties to which Vietnam is a signatory.
7. Foreign students or trainees studying at educational institutions in Vietnam or foreign countries who have an internship agreement or a job offer letter from an employer in Vietnam; or interns or apprentices on a Vietnam sea-going ship.
8. Family of members of foreign representative bodies in Vietnam who are authorized to work in Vietnam under international treaties to which the Socialist Republic of Vietnam is a signatory.
9. Persons who hold an official passport and work for state agencies, political organizations, or socio-political organizations.
10. Persons who are responsible for establishing a commercial presence.
11. Volunteers who do voluntary and unpaid works in Vietnam to execute international treaties to which the Socialist Republic of Vietnam is a signatory and have confirmation from a foreign diplomatic mission or international organization in Vietnam.
12. Persons who enter Vietnam to execute international agreements signed by central or provincial agencies or organizations under the law.
13. Foreign workers who are managers, CEOs, experts, or technical workers who fall under one of the following cases:
a) Entering Vietnam to work for a total period of less than 90 days within one year, from January 1 to December 31;
b) Under intra-company transfer program; Person who is an intra-company transferee within a foreign enterprise that has established a commercial presence in Vietnam within 11 sectors in the schedule of commitments in services between Vietnam and WTO, and has been continuously employed by the foreign enterprise for at least 12 months. Commercial presence includes foreign-invested business organizations; representative offices and branches of foreign traders in Vietnam; and foreign investors’ offices under business cooperation contracts.
14. Persons who are certified by the Ministry of Education and Training as foreign workers entering Vietnam for:
a) Teaching, researching, and transferring international education programs;
b) Acting as managers, CEOs, principals, or vice principals of educational institutions established upon the request of foreign diplomatic missions or intergovernmental organizations in Vietnam.
15. Persons who are certified by ministries, ministerial agencies, or provincial People’s Committees to enter Vietnam to work finance, science, technology, innovation, national digital transformation, or priority socio-economic development sectors.
New issuance: Within 60 days and no less than 10 days prior to the date the foreign employee is expected to start working.
Processing time: 5 working days
In case of refusal, the competent authority must provide a written response clearly stating the reasons within 3 working days from the date of receiving the complete application.
Validity period of confirmations of exemption from work permit requirement
The validity period of confirmations of exemption from work permit requirement shall be the same as that of one of the cases specified in Article 21 hereof but not exceed 02 years.
Re-issuance: Due to loss, damage, change of full name, nationality, passport number, workplace; or change of employer name (without changing the employer’s identification code).
Processing time: 3 working days
In case of refusal, the competent authority must provide a written response clearly stating the reasons.
Validity period of confirmations of exemption from work permit requirement that are reissued
The validity period of the reissued confirmation of exemption from work permit requirement shall be equal to the remaining validity period of the previously issued confirmation of exemption from work permit requirement, after deducting the time the foreign worker has already worked up to the date of submitting the application for reissuance.
Renewal: At least 10 days but no more than 45 days before the expiry of the Certificate of Exemption from Work Permit Requirement.
Processing time: 5 working days
In case of refusal, the competent authority must provide a written response clearly stating the reasons.
Validity period of confirmations of exemption from work permit requirement that are renewed
The validity period of confirmations of exemption from work permit requirement that are renewed shall be the same as that of one of the documents specified in Article 21 hereof but not exceed 02 years for each renewal.
1. Application form for issuing confirmations of exemption from work permit requirement using Form No. 01 attached hereto.
2. Medical examination report issued by a qualified medical establishment, except for cases where the medical examination results have been connected and shared on the Information System for management of medical examination and treatment or the national health database. Medical examination reports issued by competent foreign medical establishments may be used if Vietnam and the country or territory issuing such reports are signatory of the same mutual recognition agreements or treaties, and have the validity period not exceeding 12 months from the date of issuance.
3. 02 color photos (size 4 cm x 6 cm, white background, facing forward, head uncovered, and no glasses).
4. Passport is still valid.
5. Document proving that the foreign worker is exempt from the requirement for a work permit, which is one of the followings:
a) A written document issued by a competent authority as prescribed by law for cases specified in Clause 3 of Article 154 of the Labor Code or one of the cases specified in Clauses 9, 14, and 15 of Article 7 of Degree 219/2025/NĐ-CP;
b) A written document from the foreign employer that sends the foreign worker accompanied by an agreement or international treaty to which the Socialist Republic of Vietnam is a signatory for cases specified in Clause 7 of Article 154 of the Labor Code or one of the cases specified in Clauses 4, 6, 7, 11, and 12 of Article 7 of Degree 219/2025/NĐ-CP;
c) A written document proving the status as a manager, CEO, expert, or technical worker as prescribed in Article 19 hereof accompanied by a written document from the foreign employer that sends the foreign worker to work for a fixed term at a commercial presence in Vietnam, and confirmation that the foreign employer has employed the worker continuously for at least 12 months immediately before entering Vietnam for work for the case specified in Point b, Clause 13 of Article 7 of Degree 219/2025/NĐ-CP.
If a foreigner is employed in Vietnam without a Work Permit, they will be subject to penalties. Likewise, employers employing foreign workers without a valid Work Permit will also face fines.
Our Expat Service Solutions company offer content and professional Work Permit services for foreign employees. If you need assistance, please contact us at 0902 932 338.
For Foreign employees: According to Clause 3, Article 31 of Decree 28/2020/ND-CP, foreign workers without a valid Work Permit will be subject to the following penalties:
Article 31. Violations against regulations regarding foreign workers in Vietnam ……
3. Fines ranging from VND 15,000,000 to VND 25,000,000 shall be imposed on any foreign worker in Vietnam that commits one of the following violations:
a) Accepting job offers without holding Work Permits or without written confirmations of their exemption from Work Permit requirements as required by law;
b) Using Work Permits or written confirmations of their exemption from Work Permit requirements that have already become null and void.
According to Clause 4, Article 31 of Decree 28/2020/ND-CP, employers hiring foreign employees without a valid Work Permit will be subject to the following fines: Article 31. Violations against regulations regarding foreign workers in Vietnam …… 4. Fines shall be imposed on any employer that employs foreign workers to work in Vietnam without Work Permits or written confirmations of their exemption from Work Permit requirements, or employs foreign workers holding expired Work Permits or written confirmations of exemption from Work Permit requirements already null or void at one of the following rates: a) Fines ranging from VND 30,000,000 to VND 45,000,000 to be imposed if the violation involves 01 – 10 workers; b) Fines ranging from VND 45,000,000 to VND 60,000,000 to be imposed if the violation involves 11 – 20 workers; c) Fines ranging from VND 60,000,000 to VND 75,000,000 to be imposed if the violation involves 21 or more workers. According to Clause 5 of this Article 31 of Decree 28/2020/ND-CP:For Employers:See more
5. Supplemental penalties
Deporting any foreign worker without Work Permits or written confirmations of exemption from Work Permit requirements that commits the violations specified in clause 3 of this Article while working in Vietnam.
As we have presented above, the process of applying for a Work Permit exemption is quite complicated due to the following reasons:
By using the services of Expat Service Solutions, you will obtain a legally compliant Work Permit exemption confirmation for your foreign employees at your company or school, ensuring they can work without concerns about lacking proper documentation.
Contact us directly for tailored support:
Tel: 0903 232 581 (Ms. Thao)
Email: Ms. Thao, thao.le@expatss.com Web: https://expatss.com
Thank you very much!
It is an honor to serve you.
The images used on this page are for illustrative purposes only.
Expat Service Solutions Co., Ltd. is a company specializing in providing comprehensive administrative office services, specifically: processing Work Permit, Visa, and Temporary Residence Card applications for foreign nationals on a fee or contract basis. Our company has no affiliation or partnership with any government agencies responsible for issuing Work Permits, Visas, or Temporary Residence Cards.
You have the option to apply for Work Permits, Visas, and Temporary Residence Cards directly at the relevant government authorities at a lower cost, in accordance with the current laws of Vietnam.
References
Labor Code No. 45/2019/QH14, issued by the Government on November 20, 2019, effective from January 1, 2021.
Circular No. 23/2017/TT-BLĐTBXH, issued on August 15, 2017, by the Ministry of Labor, Invalids, and Social Affairs, providing guidance on the issuance of Work Permits for foreign workers in Vietnam via electronic systems.
Circular No. 35/2016/TT-BCT, outlining cases where foreign workers are exempt from Work Permit requirements.
List No. 143/KCB-PHCN&GĐ, issued by the Ministry of Health on February 5, 2015, updating and supplementing the list of hospitals and clinics authorized to conduct health examinations for foreign workers applying for Work Permits.
Decree 28/2020/ND-CP.
Degree No. 219/2025/NĐ-CP.
Decision No. 34/2020/QĐ-TTg.
Decision No. 27/2018/QĐ-TTg or Decision No. 36/2025/QĐ-TTg effective from 15/11/2025.
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