Decree no. 393/2026/ND-CP on foreign workers working in Vietnam

10/20/2026

1. Requirements for Experts and Technical Workers

An expert must either hold a university degree or higher qualification (or an equivalent qualification) and have at least two years of relevant work experience corresponding to the intended position, or have at least five years of relevant work experience.

The Decree also provides for specific categories of experts in strategic technology, education, culture, arts, and sports.

Technical workers must either have received at least one year of training and have at least two years of relevant work experience, or have at least three years of relevant work experience.

2. Cases of Exemption from Work Permits

The specified cases include owners and members contributing capital to limited liability companies, as well as chairpersons and members of the boards of directors of joint-stock companies whose capital contribution is valued at VND 3 billion or more.

Certain foreign nationals engaged in teaching or research at educational institutions, experts in strategic technology, and eligible relatives are also exempt from work permit requirements.

Foreign nationals entering Vietnam to work for a cumulative period of no more than 90 days in a year must obtain a work permit under an employment contract if an employment relationship involving the use of their labor and the payment of wages arises.

3. Competent Authorities and Application Processing Timelines

Provincial-level People's Committees are authorized to issue, reissue, extend, and revoke work permits and confirmation documents. They may also delegate authority or authorize other entities to perform these functions in accordance with the law.

Where a foreign worker works for an employer in multiple provinces, the competent authority is the authority in the province where the employer's head office is located.

Applications for work permits must be submitted no earlier than 60 days and no later than 10 working days before the expected commencement date.

The processing period is 10 working days from the receipt of a complete application. A work permit may be valid for a maximum of two years.

4. Use of Database Information in Administrative Procedures

When employers submit online applications for work permits or confirmation documents, they are not required to provide a judicial record certificate if the relevant information can be retrieved from the judicial records database.

In such cases, the processing period is calculated from the date on which the data retrieval results are received.

Certain application documents, including a copy of the passport's personal information page and photographs, need not be submitted if the relevant information can be retrieved from the corresponding databases in accordance with the Decree.

5. Existing Permits and Transitional Applications

Work permits and confirmation documents issued, reissued, or extended under Decree No. 219/2025/ND-CP and Decree No. 70/2023/ND-CP will remain valid until their respective expiry dates.

Applications submitted before the effective date of the new Decree will continue to be processed under Decree No. 219/2025/ND-CP.

Specifically, applications for extensions submitted under Resolution No. 24/2026/NQ-CP before that date will continue to be reviewed in accordance with that Resolution.

Download the document: https://vanban.chinhphu.vn/?pageid=27160&docid=220059

Enterprise & Labor Department

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