A work permit exemption Vietnam confirmation is not the same as having no obligation. Most exempt categories still require the employer to notify the licensing authority or to obtain a written confirmation of exemption before the individual starts work, and failing to do so attracts the same penalties as working without a permit.
Decree 219/2025/ND-CP dated 7 August 2025 restructured the regime and added a broadly useful short-stay rule. This guide sets out the seven categories that matter in practice.
Work Permit Exemption Vietnam: The 90-Day Rule
Decree 219/2025/ND-CP permits a foreign national to work in Vietnam for less than ninety days in aggregate within one year without a work permit, subject to notification to the competent authority.
This is the single most useful change for regional executives who supervise a Vietnamese subsidiary from a hub such as Singapore or Hong Kong. The ninety days is cumulative across the year and across employers, so groups should track it centrally rather than trip by trip.
Work Permit Exemption Vietnam: Capital-Contributing Owners
An owner or capital-contributing member of a limited liability company, and a member of the board of management of a joint stock company, are exempt where their capital contribution meets the prescribed value threshold.
Founders frequently rely on this category, and it is robust provided the contribution is actually made and evidenced through the direct investment capital account. Where the contribution is committed but unpaid, the exemption is fragile. See our note on the DICA account.
Work Permit Exemption Vietnam: Intra-Corporate Transferees
An intra-corporate transferee moving into a Vietnamese commercial presence within one of the service sectors in Vietnam’s schedule of commitments is exempt, provided the individual has been employed by the foreign enterprise for at least twelve months beforehand.
The evidence required is the employment history with the transferring entity and proof that the sector is within the committed list. Manufacturing groups often assume this route is available to them and find it is not, because the exemption is framed around service sectors.
Work Permit Exemption Vietnam: Chief Representatives and Project Roles
The head of a representative office or a project of an international organisation or non-governmental organisation in Vietnam is exempt, as are individuals entering to provide services for a short period, to handle a technical incident affecting production that Vietnamese experts cannot resolve, or to work under an international treaty.
Each of these requires documentary support tailored to the ground relied on. The technical incident ground in particular is narrow and time limited, and should not be used as a substitute for planning.
Work Permit Exemption Vietnam: Lawyers, Volunteers and Students
A foreign lawyer holding a practising certificate issued by the Ministry of Justice is exempt, as are volunteers, students working under agreements between foreign institutions and Vietnamese institutions, and certain individuals married to Vietnamese citizens and residing in Vietnam.
These categories are stable but narrow. In each case the exemption follows the underlying status, so if the status lapses the exemption lapses with it, and the individual must obtain a permit before continuing to work.
Work Permit Exemption Vietnam: The Confirmation Filing
For most categories the employer must obtain a written confirmation that the individual is not subject to a work permit, filed with the provincial People’s Committee before the start date. The confirmation is issued for a defined period and must be renewed.
The short-stay ninety-day route operates by notification rather than confirmation. Treating a notification-only route as if no filing were needed is the most common error we see, and it is the one immigration authorities detect on the next residence card application. Our guide to the temporary residence card covers what happens next.
Work Permit Exemption Vietnam: Governance and Record Keeping
Every work permit exemption Vietnam employers rely on depends on a status that can change. A capital-contributing owner ceases to qualify if the shareholding is transferred; an intra-corporate transferee ceases to qualify if the twelve-month prior employment is broken by a group reorganisation; the ninety-day short-stay route is exhausted silently by cumulative travel.
The practical control is a central register recording, for each foreign national, the exemption ground relied on, the evidence supporting it, the expiry of the confirmation and the days spent in Vietnam year to date. Groups that maintain one deal with immigration checks in an afternoon. Groups that do not typically discover a lapsed work permit exemption Vietnam position at the worst possible moment, which is during a residence card renewal or a labour inspection.
Frequently Asked Questions
Does an exempt executive still need a residence card?
To reside in Vietnam, yes. The exemption relates to the work permit, not to immigration status.
How is the 90-day period counted?
In aggregate across the year, not per entry. Keep a central log, because immigration records are what the authority will use.
Can an exemption be converted to a permit?
Yes, and it should be where the role becomes permanent. Apply before the exemption period expires.
Does the capital threshold apply to indirect owners?
The exemption is framed around direct ownership in the Vietnamese company. Indirect holders should use the manager route instead.
Confirm Your Exemption Position
IVLF Advisors assesses which exemption applies, files confirmations and notifications, and converts exemptions to permits when roles become permanent. See also our guide to the work permit for foreign executives and the Ministry of Home Affairs. Contact our team.
This article is provided for general information only and does not constitute legal advice for any specific case. Regulations may change – please consult a qualified professional before acting. Should further analysis be required, please contact one of our lawyers below.
