Immigration

Vietnam | New work permit rules for foreign workers

Summary

On October 20, 2026, the Vietnamese Government issued legislation introducing new rules for the management of foreign workers in Vietnam. The new law takes effect on December 5, 2026, and the relevant changes broadly aim to attract foreign talent and streamline procedures, while adding notification and reporting obligations for employers.

The detail

The new law, Decree 393/2026/ND-CP (Decree 393), replaces Decree 219/2025/ND-CP dated August 7, 2025. Decree 393 covers the following notable points:

Clearer definitions for foreign worker categories and short-term working conditions

• Intra-company transferees: Managers, executive directors, and experts employed by an overseas enterprise for at least 12 consecutive months, who have been temporarily assigned to a company’s Vietnam entity. Technical workers are excluded.
• Short-term foreign workers: Managers, executive directors, experts, and technical workers working for one or more Vietnamese employers for up to 90 cumulative days in a calendar year.
• Within-group transferees: Foreign workers transferred from a group entity to a commercial presence in Vietnam who do not qualify as intra-company transferees.

Expanded eligibility for work permit exemptions

• Foreign experts working in fields included in the Prime Minister’s lists of strategic technologies or strategic technology products, together with their dependents.
• Foreign nationals recruited under the National Program for Artificial Intelligence Human Resource Development.

Reduced experience requirements and more flexible expert criteria

• Executive directors: The experience requirement is reduced from three years to two years.
• Experts: Additional eligibility pathways have been introduced based on relevant experience or qualifications in specified science, technology, and strategic technology fields.

Simplified documentation

• Health requirements: Health certificates issued overseas will be accepted, and health checks are not required for certain exemption and renewal applications.
• Supporting documents: Only the passport identification page is required. Documents already available in government databases will not be required for resubmission.
• Local recruitment: A job posting is not required for work permit renewals.

Revised submission and processing timelines

• New applications: Applications can be submitted within 60 days, but no later than 10 working days, before the expected start date.
• Renewals: Applications can be submitted within 90 days, but no later than 10 working days, before the expected start date. The processing time has been reduced from 10 to five working days.
• Revocation: The deadline is now 10 working days from the employment end date.

Additional grounds for work permit reissuance

A work permit should be reissued if the address of the headquarters, branch, representative office, or foreign contractor’s executive office location stated on the permit changes.

New requirement for short-term foreign workers

Short-term foreign workers must apply under the locally hired work permit category where an employment relationship exists in Vietnam, including where the Vietnamese entity recruits, employs a worker, or pays their wages where applicable.

Notification requirement for multiple work locations

Where a foreign employee works at a new location or changes a regular work location under the same employer, the employer must notify the issuing authority and the relevant authority at the new location within three working days.

Additional employer reporting obligations

Employers must report on their foreign workforce by June 5 and December 5 each year and when requested by the authorities.

What this means

Decree 393 provides greater flexibility through broader exemptions, revised eligibility criteria, and simplified documentation. It also introduces new worker classifications and additional notification and reporting requirements.

For employers:

1. Review classifications and eligibility: Confirm the appropriate category for existing and planned foreign workers and identify any new exemption opportunities.
2. Assess short-term worker arrangements: The new locally hired work permit category may affect employer-of-record, payroll-only, and similar models where one entity sponsors the worker and another directs their work. Its application will depend on the facts, contractual terms, and the authorities’ interpretation.
3. Update compliance processes: Revise application timelines, document checklists, work-location notifications, and reporting procedures before December 5, 2026.

An early review can help employers benefit from the simplified rules while reducing the risk of application delays and non-compliance.

How we can support

Vialto Partners can assess how Decree 393 may affect your foreign workforce, review work permit and exemption eligibility, update compliance processes, and support applications and reporting obligations. Please contact us to discuss the practical implications for your business and employees in Vietnam.

Contact us

To discuss how these changes may affect your organization, please contact your usual Vialto Partners representative or:

Brittany Chong
Partner

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