VisaVietnam’s expanded work-permit exemptions start on 5 December, not in November
Employers should separate the newly announced exemption categories from current permission, certification and penalty rules before assigning foreign staff.
Official source date: 2026-10-22
Edited and checked by the VisaWand editorial team
The October announcement has a December commencement date
Vietnam’s government has announced additional categories of foreign workers who will not require work permits under Decree 393/2026/ND-CP. The government’s legal record dates issuance to 20 October and commencement to 5 December 2026. Employers planning November assignments should therefore avoid treating the announcement as an exemption already in force.
The government’s 22 October English explanation includes holders of specified special visa-exemption cards, experts in listed strategic-technology fields and their relatives, and people attracted under the national artificial-intelligence human-resources programme. It also describes education-related categories. These are conditional routes, rather than an exemption for every foreign technology worker. The same explanation warns that short-term work involving an employment relationship and salary can require a work-permit application. Use the official announcement to identify a possible category, and the decree record to verify when it becomes operative.
Prepare under the applicable current procedure while checking the transition
The government’s explanation of Decree 219/2025/ND-CP describes the existing work-permit framework introduced in August 2025. It identifies the employer’s written request using Form 03 and provincial-level authority over issuance, reissuance, extension and revocation. Its stated decision period is ten working days after receipt of a valid dossier. An anticipated exemption beginning in December does not establish that an employee can work during November without the documentation required for that earlier period.
The National Public Service Portal’s exemption-certificate procedure identifies Form 01 and evidence supporting the particular exemption, as well as health-document requirements. This is useful when asking the employer which evidence is actually needed, rather than treating the word exemption as an absence of administrative steps. Before an assignment spanning 5 December, the sponsor should ask the competent provincial authority how the new decree affects an existing application or certificate. The English announcement alone does not resolve all transition cases.
Special visa-exemption cards have a separate admission test
The government’s explanation of Decree 221/2025/ND-CP describes a special visa-exemption policy operating since 15 August 2025. It concerns selected high-profile foreign visitors, including certain scholars, experts, investors and invited guests. A valid passport and the absence of entry restrictions are necessary, but the explanation also requires invitation by a competent agency. A professional title alone does not establish entitlement.
This distinction matters because the forthcoming work-permit decree refers to people actually granted the special card. Someone who merely believes their scientific or commercial background fits a description should first establish the relevant admission procedure and sponsoring authority. The January 2026 special-visa explanation is the resource for understanding that existing entry mechanism; the October work-permit announcement addresses the separate employment consequence from December. Neither page establishes a universal application fee or guarantees a card simply because an employer describes an applicant as an expert. Obtain the applicable document list and charge from the authority handling the specific route.
Current penalties make a documented pre-start check important
The government’s September-policy summary describes penalties under Decree 283/2026/ND-CP, effective from 10 September. It reports fines of VND15 million to VND25 million for foreign workers lacking the required work permit or exemption certificate, including use of expired documents. It also describes possible additional sanctions, including deportation depending on the violation. These are existing enforcement consequences, not a new penalty beginning with the December exemption changes.
Employers also face sanctions for employing workers without valid documents or assigning a position inconsistent with the permit or certificate. The practical next step is therefore a documented comparison of the employee’s role, employer, existing authorisation and planned start date. For an illustrative specialist due to start on 20 November, a possible December exemption is a reason to seek transition guidance, not proof that the November start is lawful. Keep the authority’s response with the employment file and diary the expiry of existing documents. The official penalty summary explains the consequences of a mismatch; it should not be used to calculate an individual fine without establishing the actual violation and applicable rule.
