New Developments Concerning Foreign Labor under Decree No. 393/2026/NĐ-CP

1. General Information and Effectiveness

• Decree No. 219/2025/NĐ-CP: Issued on August 7, 2025, and took effect on August 7, 2025.

• Decree No. 393/2026/NĐ-CP: Issued on October 20, 2026, officially taking effect on December 5, 2026, and simultaneously repealing Decree No. 219/2025/NĐ-CP.

2. Key New Points and Core Differences

a. Scope of Application and Forms of Employment (Article 2)

• Decree No. 219/2025/NĐ-CP: Enumerates basic forms of employment under general regulations (from points a to m).

• Decree No. 393/2026/NĐ-CP: Inherits the previous employment forms while expressly adding the provision under Point n, Clause 1: "Foreign workers working in cases exempt from work permits in accordance with Article 8 of this Decree," thereby synchronizing the legal framework between subjects and work permit exemptions.

b. Criteria for Identifying "Experts" (Article 4 of Decree 393 vs. Article 3 of Decree 219)

Decree No. 393/2026/NĐ-CP significantly expands and provides much more detailed, transparent criteria for experts, featuring notable highlights:

• Holding a bachelor's degree or higher accompanied by at least 2 years of experience.

• Holding a bachelor's degree in fields listed under the List of Strategic Technologies and Strategic Technology Products pursuant to the Prime Minister's Decision.

• Holding a bachelor's degree with a good classification or higher in science and technology fields among the top 500 universities globally (according to major rankings such as QS, THE, Shanghai Ranking, U.S. News & World Report) with at least 1 year of experience.

• Experts in the fields of culture, arts, and sports (governed by a separate Appendix III providing detailed guidance for each discipline).

• Experts possessing at least 5 years of relevant working experience.

c. Cases Exempt from Work Permits (Article 8)

• Decree No. 219/2025/NĐ-CP: Concisely regulated across 15 clauses (with confirmation authority vested in ministries, sectors, and provincial People's Committees for fields such as technology, innovation, and digital transformation...).

• Decree No. 393/2026/NĐ-CP: Expanded to 18 clauses, incorporating specific target groups to attract high-quality human resources and serve socio-economic development, for example:

  • Persons granted special visa exemption cards under Decree No. 221/2025/NĐ-CP.

  • Experts working in fields included in the List of Strategic Technologies and their family members.

  • Individuals attracted under the Prime Minister's Decision on the National Artificial Intelligence Human Resource Development Program.

d. Procedures, Processes, and Application of Databases (DB)

• Decree No. 219/2025/NĐ-CP: Already applied electronic transactions and integrated the inter-connected mechanism for issuing criminal record certificates via the National Public Service Portal.

• Decree No. 393/2026/NĐ-CP: Further promotes the exploitation of digital data through the National Criminal Record Database, the Immigration Database, and specifically builds a unified Database of Foreign Workers Working in Vietnam spanning from central to local levels. It explicitly stipulates that if information can be retrieved from the database system, employers are not required to resubmit physical criminal record certificates, color photos, or passport copies, thereby drastically reducing administrative procedures.

e. Timeframes for Processing Administrative Procedures

• Issuance/Renewal of Work Permit Exemption Certificates: Both decrees maintain the processing time of 05 working days from the date of receiving a complete dossier.

• Issuance of Work Permits: Both decrees stipulate a processing time of 10 working days for competent authorities to review demand approval and grant permits.

• Timeframe for Submitting Renewal Applications (Prior to Expiry):

  • Decree No. 219/2025/NĐ-CP requires submission at least 10 days and no more than 45 days in advance.

  • Decree No. 393/2026/NĐ-CP extends the maximum time limit to at least 10 days and no more than 60 days in advance (for exemption certificates) or 90 days (for work permits), creating greater autonomy for enterprises.

f. Revocation of Work Permits / Confirmation Certificates (Chapter IV)

• Decree No. 219/2025/NĐ-CP: Specifies a 15-day time limit for employers to return revoked permits (due to expiration).

• Decree No. 393/2026/NĐ-CP: Shortens this period to 10 working days, while adding closer coordination channels to notify the Ministry of Public Security and directly update the national database on foreign labor.

g. Regimes for Short-term Workers (Under 90 Days)

• Decree No. 219/2025/NĐ-CP: Grouped workers with an accumulated total working duration of under 90 days within one year under general work permit exemption interpretations.

• Decree No. 393/2026/NĐ-CP: Maintains the work permit exemption policy for this group (stipulated in Point a, Clause 13, Article 8). However, the core new point is that the decree tightens management by adding provisions under Clause 5, Article 3, and Point a, Clause 13, Article 8:

  • In cases where short-term labor involves an established employment relationship, hiring, utilization, and direct salary payment within Vietnam, ordinary exemption does not apply; instead, procedures must be carried out to apply for a work permit under the employment contract format.

• Regarding Notification Procedures and Data Updates:

  • Both decrees: When utilizing foreign workers for short-term work under 90 days under exemption categories, employers are not required to carry out procedures for issuing work permit exemption certificates.

  • Instead, enterprises are strictly required to submit a notification to the competent authority where the worker is expected to work at least 03 working days prior to the worker's commencement date.

  • New point in Decree No. 393/2026/NĐ-CP: Upon receiving the notification, state authorities are responsible for updating information directly into the Database of Foreign Workers Working in Vietnam within 03 working days, enhancing transparency and better digital management compared to previous regulations under Decree 219.