Vietnam Issues New Foreign Worker Regulations Effective December 2026

• Vietnam has issued Decree No. 393/2026/ND-CP, introducing new rules for foreign workers, revising work permit exemptions, updating qualification requirements and streamlining application procedures effective Dec. 5, 2026.  

Vietnam Issues New Decree on Foreign Workers 

The Government of Vietnam has published Decree No. 393/2026/ND-CP, establishing a new framework for foreign nationals working in Vietnam. The decree was issued on Oct. 20, 2026, and will take effect on Dec. 5, 2026.  

The decree sets out rules covering: 

• Work permit issuance, renewal, reissuance and revocation; 
• Work permit exemption categories; 
• Foreign worker eligibility requirements; and 
• Related administrative procedures.  

Updated Definitions for Experts and Technical Workers 

The decree revises qualification criteria for foreign experts and technical workers. 

Expert Qualifications 

Foreign nationals may qualify as experts if they meet one of several criteria: 

• Holding a university degree (or equivalent) and at least two years of relevant experience; 
• Holding a university degree in a field included on Vietnam’s strategic technology lists; 
• Holding a degree from a top-ranked university and at least one year of relevant experience; 
• Possessing at least five years of relevant professional experience; or 
• Meeting specialized criteria for education, science, sports, arts or research positions.  

Technical Worker Qualifications 

Technical workers may qualify if they: 

• Have received at least one year of training and possess two years of relevant experience; or 
• Have at least three years of relevant work experience.  

Expanded Work Permit Exemption Categories 

The decree includes an updated list of foreign nationals who are exempt from work permit requirements. Among the categories are: 

• Certain investors and company owners meeting investment thresholds; 
• Intra-corporate transferees covered by Vietnam’s WTO commitments; 
• Short-term foreign workers whose cumulative work period does not exceed 90 days per year; 
• Professors, associate professors, PhD holders and other highly qualified academics working at educational institutions; 
• Experts working in strategic technology sectors; 
• Individuals participating in approved international cooperation, education, research or development programs; and 
• Certain holders of special visa exemption cards.  

Digitalization and Administrative Simplification 

The decree introduces several measures intended to streamline processing. 

Criminal Record Information Sharing 

Employers submitting applications online may no longer need to provide a criminal record certificate when authorities can obtain the information directly from national judicial record databases.  

Online Applications 

Applications and notifications may be submitted through the National Public Service Portal, supporting greater use of electronic processing and data sharing.  

New Rules for Work Permit Exemption Certificates 

The decree establishes updated procedures and timelines for obtaining, renewing, and reissuing work permit exemption certificates. 

Key provisions include: 

• Applications generally must be submitted between 10 and 60 working days before the intended start date; 
• Authorities generally have five working days to issue an exemption certificate after receiving a complete application; 
• Certain exempt categories must still be reported to authorities even when a certificate is not required.  

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