Does a Foreign Employee Working for Less Than One Month Need a Work Permit?
Dear DB Legal - A Law Firm in Da Nang and Ho Chi Minh City. Our company is about to welcome a senior executive from our overseas parent corporation for a working period of less than one month. Does our company need to apply for a Work Permit for this personnel? Thank you.
Dear Valued Client,
DB Legal sincerely appreciates your trust in our services and your inquiry regarding the regulations for employing foreign labor in Vietnam. Based on the information that a senior executive from your parent corporation will be working in Vietnam for less than one month, we would like to provide our legal advice as follows:
1. Regulations on Work Permit Exemptions
According to Point a, Clause 13, Article 7 of Decree No. 219/2025/ND-CP dated August 7, 2025, foreign employees are not subject to work permit requirements in the following cases:
"13. Foreign employees who are managers, executives, experts, or technical workers falling into one of the following cases: a) Entering Vietnam to work for a total duration of less than 90 days per year, calculated from January 1st to the last day of the same year;"
Therefore, if a foreign employee works in Vietnam for a total duration of less than 90 days within a calendar year, they fall under the category of Work Permit Exemption.
2. Mandatory Notification Procedure
Pursuant to Clause 4, Article 9 of Decree No. 219/2025/ND-CP:
"4. Cases specified in Clauses 4, 5, 6, and 8 of Article 154 of the Labor Code, and Clauses 2, 3, 5, 8, 10, and Point a, Clause 13, Article 7 of this Decree are not required to undergo procedures for a Certificate of Work Permit Exemption but must notify the competent authority at least 03 working days before the expected start date of work in Vietnam."
The notification must include essential details such as: Full name, date of birth, nationality, passport number, name of the employer, work location, and duration of employment.
Conclusion:
Although your personnel is exempt from a Work Permit and does not need a formal Certificate of Exemption, your enterprise is still obligated to submit a Notification to the relevant authority regarding the foreign employee's work schedule at least 03 working days before their expected start date 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
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- Updated Definitions for Foreign Workers Under Vietnam's Decree No. 219/ND-CP
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