Job Positions of Foreign Employees Working in Vietnam under Decree 393
Employing foreign workers in enterprises and organizations in Vietnam requires strict compliance with labor and immigration regulations. To complete the procedures for obtaining a Work Permit or a Certificate of Work Permit Exemption, enterprises must first accurately determine the specific job titles/positions and their corresponding legal requirements. The article below summarizes the criteria for four (04) key job position categories and eighteen (18) cases of foreign workers exempt from work permits under the updated legal framework.
Table of contents:
1. Managers
A manager is an enterprise manager as defined in Clause 24, Article 4 of the Law on Enterprises, or the head or deputy head of an agency or organization in accordance with the law.
Pursuant to Clause 24, Article 4 of the Law on Enterprises, enterprise managers include:
"24. Enterprise manager means a manager of a sole proprietorship and a manager of a company, including the owner of a sole proprietorship, a general partner, the Chairman of the Members' Council, a member of the Members' Council, the Company President, the Chairman of the Board of Directors, a member of the Board of Directors, the Director or General Director, and individuals holding other managerial titles as stipulated in the company's Charter."
2. Executive Directors
An executive director is an individual falling under one of the following cases:
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a) The head of a branch, representative office, or business location of an enterprise;
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b) The head who directly oversees and administers an operational division of an agency, organization, or enterprise, possessing at least two (02) years of experience in a field relevant to the prospective job position in Vietnam.
3. Experts
An expert is an individual falling under one of the following cases:
a) Holding a bachelor’s degree or higher (or equivalent) and having at least two (02) years of working experience relevant to the prospective job position in Vietnam;
b) Holding a bachelor’s degree or higher (or equivalent) in a major or discipline listed under the Strategic Technology List and Strategic Technology Product List pursuant to the Prime Minister’s Decision or Government cooperation agreements;
c) Holding a bachelor’s degree graduated with honors (loại giỏi) or higher in science and technology fields from a higher education institution ranked among the world's top 500 universities—according to rankings published within the last three (03) years by Quacquarelli Symonds (UK), Times Higher Education (UK), ShanghaiRanking Consultancy (China), U.S. News & World Report (USA), or rankings published by the Ministry of Education and Training (if any)—and possessing at least one (01) year of working experience relevant to the prospective job position in Vietnam;
d) Being an expert in culture, arts, or sports as specified in Appendix III;
đ) Being an expert teaching, conducting scientific research, or engaging in academic exchanges at an educational institution that meets the standards and conditions prescribed by the Government regarding foreign personnel managing, teaching, researching, and exchanging academically at educational institutions in Vietnam, or in accordance with the law on education;
e) Being an expert with at least five (05) years of working experience relevant to the prospective job position in Vietnam.
4. Technical Workers
A technical worker is an individual falling under one of the following cases:
a) Having received at least one (01) year of training and possessing at least two (02) years of working experience relevant to the prospective job position in Vietnam;
b) Possessing at least three (03) years of working experience relevant to the prospective job position in Vietnam.
5. Foreign Workers Exempt from Work Permits
Article 8. Foreign workers exempt from work permit issuance
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Foreign workers falling under one of the cases specified in Clauses 3, 4, 5, 6, 7, and 8, Article 154 of the Labor Code.
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Foreign workers who are owners or capital-contributing members of a limited liability company with a capital contribution value of 3 billion VND or more.
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Foreign workers who are the Chairman or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.
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Foreign workers entering Vietnam to provide professional and technical consultancy services or to perform other tasks serving research, formulation, appraisal, monitoring, evaluation, management, and implementation of programs and projects financed by non-refundable aid, Official Development Assistance (ODA), or concessional loans in accordance with project/non-project documents approved by competent authorities, international agreements on ODA, or international treaties on ODA and concessional loans signed between competent authorities of Vietnam and foreign partners.
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Foreign workers who are foreign press correspondents certified by the Ministry of Foreign Affairs.
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Foreign workers dispatched to Vietnam by competent foreign agencies or organizations to teach or hold managerial or executive director positions at educational institutions established at the request of foreign diplomatic missions or intergovernmental organizations in Vietnam, or at establishments/organizations established under international treaties to which Vietnam is a signatory or contracting party.
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Foreign pupils, students, and trainees studying at educational/training institutions in Vietnam or abroad who have internship agreements or job offers from agencies, organizations, or enterprises in Vietnam; or trainees/interns serving on Vietnamese seagoing vessels.
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Foreign workers who are family members of personnel of foreign diplomatic/consular missions in Vietnam and are permitted to work in Vietnam under international treaties to which the Socialist Republic of Vietnam is a contracting party.
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Foreign workers holding official/service passports entering Vietnam to work for state agencies, political organizations, or socio-political organizations.
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Foreign workers responsible for establishing a commercial presence.
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Foreign workers who are volunteers.
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Foreign workers entering Vietnam to implement international agreements signed by central- or provincial-level agencies/organizations in accordance with the law.
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Foreign workers falling under one of the following circumstances:
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a) Entering Vietnam for short-term work. In cases where an employment relationship involving hiring, labor engagement, and salary payment arises, an application for a work permit under an employment contract must be submitted in accordance with Article 19 of this Decree;
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b) Intra-corporate transferees within eleven (11) service sectors specified in Vietnam's Schedule of Specific Commitments in Services with the World Trade Organization (WTO) under Appendix II.
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Foreigners working at educational institutions, including:
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a) Participating in teaching, research, or transferring international education programs, comprising: teaching in joint educational/training programs approved by competent Vietnamese authorities; participating in cooperation projects, research themes, scientific programs, technology transfer, innovation, or international educational cooperation projects approved or signed by competent authorities;
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b) Participating in education and training cooperation programs and projects between foreign and Vietnamese educational institutions through cooperation agreements or joint training curricula;
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c) Holding a master's degree or higher in STEM fields, science, technology, digital transformation, finance, economics, or business administration, and participating in teaching or scientific research at educational institutions;
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d) Holding a doctoral degree and participating in teaching or scientific research at vocational or higher education institutions;
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đ) Holding the title of Professor or Associate Professor participating in teaching, research, or academic exchange at vocational or higher education institutions.
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Foreign workers certified by ministries, ministerial-level agencies, or provincial People's Committees.
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Individuals entering Vietnam to work who are granted special visa exemption cards pursuant to Government Decree No. 221/2025/ND-CP on temporary visa exemption for foreign nationals belonging to special preferential categories serving socio-economic development.
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Foreign workers who are experts working in fields listed under the Strategic Technology List and Strategic Technology Product List pursuant to the Prime Minister’s Decision, and their relatives.
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Foreign workers recruited under the Prime Minister's Decision on the National Program for Artificial Intelligence (AI) Human Resource Development.
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:
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