Cases Exempt from Work Permit Requirements under Decree 219/2025/NĐ-CP

I. The 15 Cases Exempt from Work Permit Requirements

First, the Decree maintains exemptions for individuals already stipulated in Clauses 3, 4, 5, 6, 7, and 8 of Article 154 of the 2019 Labor Code. These foundational cases are reaffirmed and include:

1. Cases specified in the Labor Code: This includes foreigners who are heads of representative offices or projects of international or non-governmental organizations; workers entering for less than 3 months to offer services or handle complex technical/technological issues; foreign lawyers licensed to practice in Vietnam; or foreigners married to Vietnamese citizens and residing in Vietnam.

The new Decree then clarifies and adds several other important cases:

2. Owners or Capital Contributors of an LLC: The owner or a capital-contributing member of a limited liability company (LLC) with a capital contribution value of VND 3 billion or more.

3. Board Members of a Joint-Stock Company: The Chairman or a member of the Board of Directors of a joint-stock company with a capital contribution value of VND 3 billion or more.

4. Workers on ODA-Funded Projects: Individuals entering Vietnam to provide expert or technical consulting services or to perform tasks for programs/projects funded by Official Development Assistance (ODA) under an international treaty.

5. Foreign Journalists: Foreign reporters and journalists who have been permitted to work in Vietnam by the Ministry of Foreign Affairs.

6. Staff of Foreign Missions in Education: Individuals sent by foreign agencies or organizations to teach, manage, or serve as executive directors at educational institutions established at the request of a foreign diplomatic mission or an intergovernmental organization.

7. Students and Interns: Foreign students and trainees studying at schools or training facilities in Vietnam (or abroad) with an internship agreement or invitation to work in Vietnam, as well as trainees and apprentices on Vietnamese sea-going vessels.

8. Relatives of Foreign Diplomatic Mission Members: Relatives of members of foreign representative agencies in Vietnam who are permitted to work under international treaties.

9. Official Duty Passport Holders: Individuals holding official duty passports entering Vietnam to work for state agencies, political organizations, or socio-political organizations.

10. Those Establishing a Commercial Presence: Individuals responsible for establishing the commercial presence of a foreign organization in Vietnam (such as a representative office, branch, or executive office of a foreign investor).

11. Volunteers: Foreign volunteers working on an unpaid, voluntary basis under an international treaty to which Vietnam is a party, with confirmation from a foreign diplomatic mission or international organization in Vietnam.

12. Workers Under International Agreements: Individuals entering Vietnam to implement an international agreement signed by a central-level agency or a provincial-level People's Committee.

13. Short-Term or Intra-Corporate Transferees (Managers, Executives, Experts, Technicians): A foreign employee working as a manager, executive director, expert, or technical worker in one of two cases: (i) Entering Vietnam to work for a period of less than 90 days in a year (cumulative). (ii) An intra-corporate transferee (moving from a foreign enterprise to its commercial presence in Vietnam) within the 11 service sectors in Vietnam's WTO commitments, provided they have been employed by the foreign enterprise for at least 12 consecutive months before coming to Vietnam. * Note: This is a key update, increasing the short-term work limit from under 30 days (max 3 times/year) to under 90 days/year.

14. Education Professionals Confirmed by MOET: Individuals confirmed by the Ministry of Education and Training to enter Vietnam for educational purposes, including teaching, research, international program transfers; or to work as managers, executive directors, principals, or vice-principals at educational institutions established at the request of foreign diplomatic missions or intergovernmental organizations.

15. Workers in Priority Development Sectors (New Addition): Foreign employees confirmed by ministries, ministerial-level agencies, or provincial-level People's Committees to work in priority development sectors, such as finance, science and technology, innovation, national digital transformation, and other designated priority fields.

II. Summary of Key Changes

Decree 219/2025/NĐ-CP clearly expands the scope of work permit exemptions. The most notable changes include:

• The total number of exemption cases has increased from 14 to 15.

• The duration for short-term work without a permit is extended to under 90 days a year, a significant increase from the previous 30-day limit.

• A new exemption category (case 15) has been added for foreign labor in priority socio-economic development sectors, which was not in previous regulations.

• Procedures have been simplified for certain groups; for example, foreign journalists now only require confirmation from the Ministry of Foreign Affairs instead of a separate press permit.

III. Procedure for Confirming Work Permit Exemption

For most of the cases listed above, the employer must apply for a "Confirmation of Exemption from Work Permit Requirement" on behalf of the employee.

1. Required Application Dossier

The application dossier for the confirmation must include:

• A completed application form (using the official Form No. 01).

• A valid health check certificate issued within the last 12 months.

• 02 color photos (4cm x 6cm, white background).

• A valid, unexpired passport.

• Documents proving eligibility for exemption (e.g., a letter from the sending employer, documents proving manager/expert status, official confirmation letters from relevant authorities, etc., depending on the specific case).

2. Application and Approval Process

a. Submission: The employer must submit the application dossier to the Public Administration Service Center in the province where the foreigner is expected to work. This must be done at least 10 days before the intended start date.

b. Processing: The application is forwarded to the competent authority for review.

c. Issuance: Within 5 working days of receiving a complete and valid application, the authority will issue the Confirmation of Exemption (using Form No. 02). If the application is refused, a written response stating the reasons must be provided within 3 working days.

3. Validity Period of the Confirmation

The validity period of the Confirmation of Exemption is determined on a case-by-case basis but shall not exceed 02 years.

IV. Special Cases: Notification Instead of Confirmation

For certain cases, the employer is not required to apply for a full Confirmation of Exemption. Instead, they only need to notify the provincial authorities at least 3 days before the employee's start date. This simplified procedure applies to:

• Case 2, 3, 5, 8, 10, and point (i) of Case 13 (Short-term work under 90 days).

• The notification must include basic information: full name, date of birth, nationality, passport number, employer's name, and work location/duration.

Furthermore, if an employee with a valid Confirmation wishes to work for the same employer in multiple provinces, the employer only needs to notify the authorities in the new province 3 days in advance.

V. Conclusion: A More Favorable but Structured Policy

Decree 219/2025/NĐ-CP consolidates existing exemptions while adding new priority groups, helping to attract highly skilled foreign labor and reduce administrative burdens. While most exempt individuals still require a "Confirmation of Exemption," the overall policy, especially the simplified notification process for short-term work, creates more favorable conditions for both businesses and employees operating in Vietnam.

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

For more information: 

📞: +84 357 466 579

📧: contact@dblegal.vn

🌐Facebook:  DB Legal Vietnamese Fanpage or DB Legal English Fanpage 

🐦X(Twitter)

💼Linkedin

🎬Youtube