Decree No. 393/2026/ND-CP sets out the requirements for foreign workers in Vietnam, including who qualifies for work permit exemptions and how long permits remain valid. The new regulation covers the conditions, application dossiers, and procedures for granting, re-granting, extension, and revocation of work permits. It also addresses the temporary transfer of foreign workers under Article 157 of the Labour Code and those exempt from work permit requirements under Article 154 of the Labour Code.
Who Qualifies for Exemptions
Under Article 8, foreign workers in specific categories may be exempt from work permit requirements. These categories include owners or capital-contributing members of limited liability companies with a contributed capital value of at least VND3 billion, chairpersons or members of boards of directors with a contributed capital of at least VND3 billion, volunteers, and foreign nationals married to Vietnamese citizens residing in Vietnam.
Application Timelines
Employers must submit a work permit application dossier at least 10 working days, but no more than 60 days, before the foreign worker is expected to start work. The competent authority has 10 working days to consider a complete application and grant the permit. If the authority rejects the demand or fails to grant the permit, it must provide a written response explaining the reasons.
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Article 5 assigns provincial-level People’s Committees the responsibility for granting, re-granting, extending, and revoking work permits and exemption certificates. These committees may also decide to decentralise or authorise competent agencies to carry out these responsibilities in accordance with the law. The committees are responsible for ensuring that the process is carried out in a timely and efficient manner.
Validity and Extension Limits
Under Article 22, the validity period of a work permit corresponds to the duration specified in one of the relevant supporting documents or arrangements. These include the term of the employment contract, the period stated in the document assigning the foreign worker to Vietnam, or the term of a contract signed between Vietnamese and foreign partners. However, the validity period must not exceed two years.
Article 30 states that an extension of a work permit must not exceed two years. Decree No. 393/2026/ND-CP will replace Decree No. 219/2025/ND-CP and take effect on 5 December 2026. The new rules on exemptions, timelines, and validity take effect on that same date. The full text of Decree No. 393/2026/ND-CP is available here.
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