Decree 393/2026/ND-CP providing for foreign workers working in Vietnam

DECREE

Providing for foreign workers working in Vietnam

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Labor Code No. 45/2019/QH14;

At the proposal of the Minister of Home Affairs;

The Government promulgates the Decree providing for foreign workers working in Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for foreign workers working in Vietnam under the following articles and clauses of Labor Code: Article 157 on conditions, order and procedures for grant, re-grant, extension and revocation of work permits and work permit exemption certificates for foreign workers working in Vietnam; and Clauses 1, 2 and 9 Article 154 on foreign workers working in Vietnam who are exempt from work permit.

Article 2. Subjects of application

1. Foreign workers working in Vietnam (below referred to as foreign workers), who are foreign nationals and come the country to work in the job positions specified in Article 4 of this Decree. Foreign workers shall select one of the following forms of work:

a) Foreign workers performing labor contracts;

b) Foreign workers being intra-corporate transferees;

c) Foreign workers performing various types of economic or social contracts or agreements between foreign agencies, organizations or enterprises and agencies, organizations or enterprises in Vietnam;

d) Foreign workers providing services under contracts;

dd) Foreign workers offering services for sale;

e) Foreign workers being volunteers;

g) Foreign workers being responsible for establishing a commercial presence;

h) Foreign workers being seconded from agencies, organizations or enterprises in foreign countries to Vietnam to work not as intra-corporate transferees;

i) Foreign workers participating in the implementation of bidding packages and projects in Vietnam;

k) Foreign workers being relatives of staff members of foreign representative missions in Vietnam who are permitted to work in Vietnam under treaties to which the Socialist Republic of Vietnam is a contracting party;

l) Foreign workers being chairpersons or members of the Boards of Directors of joint-stock companies; owners or members of limited liability companies whose contributed capital is valued at under VND 3 billion;

m) Foreign workers performing labor contracts signed with foreign diplomatic missions or foreign organizations in Vietnam;

n) Foreign workers working in cases of work permit exemption as prescribed in Article 8 of this Decree.

2. Employers of foreign workers including agencies, organizations, enterprises, contractors, foreign diplomatic missions in Vietnam; individuals permitted to conduct business in accordance with law; and relevant agencies, organizations and individuals.

Article 3. Interpretation of terms

1. Intra-corporate transfer means a case in which foreign workers who are managers, executives or experts, having been recruited by a foreign enterprise at least 12 consecutive months before entering Vietnam, are temporarily transferred from that foreign enterprise to its commercial presence established in the territory of Vietnam.

2. Commercial presence includes: an economic organization with foreign investment capital; a representative office or branch of a foreign trader in Vietnam; an operating office of a foreign investor under a business cooperation contract; and an investment project being implemented by a foreign investor in accordance with the law on investment.

3. Volunteer means a foreigner working in Vietnam on a voluntary and unpaid basis to implement a treaty to which the Socialist Republic of Vietnam is a contracting party, and whose status is certified by a foreign diplomatic mission or an international organization in Vietnam.

4. Contractual service supplier means a foreign worker who has worked for at least 24 months at a foreign enterprise without a commercial presence in Vietnam, enters Vietnam to perform a contract signed with an agency, organization or enterprise in Vietnam, and satisfies the conditions for an expert as prescribed in Clause 3 Article 4 of this Decree.

5. Foreign workers who are managers, executives, experts or technical workers entering Vietnam for short-term work are foreign workers working for one or more Vietnamese employers, provided that their total cumulative working period does not exceed 90 days in one year, calculated from January 1 to the last day of the year.

6. Foreign workers seconded from foreign agencies, organizations or enterprises to Vietnam for work fall into one of the following cases: being seconded from a foreign agency or organization to an agency or organization within the same system of that foreign agency or organization in Vietnam; being seconded from units within the same group of a foreign enterprise to its commercial presence in Vietnam, except for cases of intra-corporate transfer.

7. Foreign workers offering services for sale means foreign workers representing a foreign service provider who enter Vietnam for no more than 90 days to negotiate the sale of services, receive no remuneration from any source in Vietnam, do not directly sell services and do not directly participate in the provision of services in Vietnam.

Article 4. Job positions of foreign workers working in Vietnam

1. Managers are persons managing enterprises as specified in Clause 24 Article 4 of the Law on Enterprises, or heads or deputy heads of agencies or organizations as defined by law.

2. Executives are persons in one of the following categories:

a) Heads of branches, representative offices or business locations of enterprises;

b) Heads who directly administer an operational field of agencies, organizations, or enterprises and have at least 2 years’ experience in a field relevant to the job position in which the foreign worker is expected to work in Vietnam.

3. Experts are persons in one of the following categories:

a) Persons possessing a university degree or higher degree or an equivalent qualification and at least 2 years’ experience relevant to the job position in which the foreign worker is expected to work in Vietnam;

b) Hold a university degree or higher, or an equivalent qualification, in a discipline or field included in the List of strategic technologies and the List of strategic technology products under a Decision of the Prime Minister or under a cooperation agreement between Governments;

c) Hold a university degree classified as distinction or higher in a science and technology discipline from a higher education institution on the list of the world's top 500 higher education institutions according to one of the rankings published within the most recent 3 years by the following organizations: Quacquarelli Symonds of the United Kingdom, Times Higher Education of the United Kingdom, Shanghai Ranking Consultancy of China, U.S. News & World Report of the United States, or a ranking published by the Ministry of Education and Training (if any), and have at least 1 year of work experience relevant to the job position in which the foreign worker is expected to work in Vietnam;

d) Experts in the fields of culture, arts and sports as specified in Appendix III to this Decree;

dd) Experts engaged in teaching, scientific research and academic exchange at educational institutions that satisfy the conditions and standards prescribed by the Government on foreigners serving as managers, teaching, conducting scientific research and engaging in academic exchange at educational institutions in Vietnam, or as prescribed by the law on education;

e) Experts having at least 5 years of work experience relevant to the job position in which the foreign worker is expected to work in Vietnam.

4. Technical workers fall into one of the following cases:

a) Persons who have undergone at least 1 year’s training and have at least 2 years’ experience relevant to the job position in which the foreign worker is expected to work in Vietnam;

b) Persons having at least 3 years’ experience relevant to the job position in which the foreign worker is expected to work in Vietnam.

5. Foreign workers working in cases of work permit exemption as prescribed in Article 8 of this Decree.

Article 5. Competence to grant, re-grant, extend and revoke work permits and work permit exemption certificates

1. Provincial-level People’s Committees are competent to grant, re-grant, extend and revoke work permits and work permit exemption certificates for foreign workers working for employers that have head offices, branches, representative offices, business locations or operating offices of foreign contractors in the localities where the foreign workers are expected to work.

In case a foreign worker works for an employer operating in more than one province or centrally run city, the provincial-level People’s Committee of the locality where the employer’s head office is located is competent to grant, re-grant, extend and revoke work permit and work permit exemption certificate to such person.

2. Provincial-level People’s Committees shall decide on the delegation of powers to, and authorization of, competent agencies to grant, re-grant, extend and revoke work permits and work permit exemption certificates in accordance with law.

Article 6. Consular legalization and certification of documents

1. Documents issued by foreign authorities, except for passports, in dossiers for grant, re-grant and extension of work permits and work permit exemption certificates for foreign workers, must be consularly legalized, except cases in which consular legalization is exempted under treaties to which both the Socialist Republic of Vietnam and the relevant foreign country are contracting parties, or under the principle of reciprocity, or as otherwise provided by law.

2. Documents specified in Clause 1 of this Article must be translated into Vietnamese and certified in accordance with law.

Article 7. Regulations on interconnected retrieval of information from the judicial record database

1. In case an employer of foreign workers applies online for the grant of a work permit or a work permit exemption certificate, the judicial record certificate is not required to be provided if the information can be retrieved from the judicial record database.

2. Competent authorities granting work permits and work permit exemption certificates shall retrieve information from the judicial record database on whether foreign workers are serving a criminal sentence or have not had their criminal records expunged.

3. In this case, the time limit for processing the procedures shall be calculated from the time of receipt of the results of information retrieval from the judicial record database.

Chapter II

ORDER AND PROCEDURES FOR GRANT, RE-GRANT AND EXTENSION OF WORK PERMIT EXEMPTION CERTIFICATES

Section 1

GRANT OF WORK PERMIT EXEMPTION CERTIFICATES

Article 8. Foreign workers exempt from work permit

1. Foreign workers falling into one of the cases specified in Clauses 3 thru 8, Article 154 of the Labor Code.

2. Foreign workers being the owner or a capital-contributing member of a limited liability company with a contributed capital value of VND 3 billion or more.

3. Foreign workers being the Chairperson or a member of the Board of Directors of a joint-stock company with a contributed capital value of VND 3 billion or more.

4. Foreign workers entering Vietnam to provide professional and technical consultancy services or perform other tasks serving the research, formulation, appraisal, monitoring and evaluation, management and implementation of programmes and projects using non-refundable aid, official development assistance or concessional loans, as prescribed in project or non-project documents approved by the competent authority or international agreements on official development assistance, or in international treaties on official development assistance and concessional loans signed between competent authorities of Vietnam and foreign parties.

5. Foreign workers being reporters engaged in information and press activities as certified by the Ministry of Foreign Affairs.

6. Foreign workers sent to Vietnam by competent foreign agencies or organizations to teach or to act as managers or executives at education institutions established in Vietnam at the proposal of foreign diplomatic missions or intergovernmental organizations, or at institutions or organizations established under treaties to which Vietnam is a contracting party.

7. Foreign students or trainees currently studying at schools or training institutions in Vietnam or abroad who have internship agreements or job invitations from agencies, organizations or enterprises in Vietnam; interns or trainees working on board Vietnamese seagoing vessels.

8. Foreign workers being relatives of staff members of foreign representative missions in Vietnam who are permitted to work in Vietnam under treaties to which the Socialist Republic of Vietnam is a contracting party.

9. Foreign workers holding official passports who enter Vietnam to work for state agencies, political organizations or socio-political organizations.

10. Foreign workers responsible for establishing a commercial presence.

11. Foreign workers being volunteers.

12. Foreign workers entering Vietnam to implement international agreements concluded by central- or provincial-level agencies or organizations in accordance with law.

13. Foreign workers falling into one of the following cases:

a) Entering Vietnam for short-term work. In case an employment relationship arises involving the hiring and use of workers and payment of wages, an application for the grant of a work permit under the labor contract form specified in Article 19 of this Decree must be submitted;

b) Being intra-corporate transferees within the scope of the 11 service sectors under Vietnam's schedule of specific commitments on services with the World Trade Organization, as specified in Appendix II attached to this Decree.

14. Foreigners working at educational institutions, including:

a) Participating in the teaching, research and transfer of international education programmes, including: teaching in educational cooperation programmes and joint training programmes approved by competent authorities of Vietnam; participating in scientific research cooperation projects, research topics and programmes, technology transfer, innovation, or international cooperation projects in the field of education approved or signed by competent authorities;

b) Participating in education and training cooperation programmes and projects between foreign educational institutions and educational institutions in Vietnam through cooperation documents or joint training programmes;

c) Holding a master's degree or higher in STEM, science, technology, digital transformation, finance, economics or business administration and participating in teaching or scientific research at educational institutions;

d) Holding a doctoral degree and participating in teaching and scientific research at vocational education or higher education institutions;

dd) Holding the academic title of professor or associate professor and participating in teaching, research and academic exchange at vocational education or higher education institutions.

15. Foreign workers confirmed by ministries, ministerial-level agencies or provincial-level People's Committees.

16. Persons entering Vietnam for work who are granted special visa exemption cards in accordance with the Government's Decree No. 221/2025/ND-CP on time-limited visa exemption for foreigners falling within the category of specially privileged persons needed for socio-economic development.

17. Foreign workers who are experts working in fields included in the List of strategic technologies and the List of strategic technology products under a Decision of the Prime Minister, and their relatives.

18. Foreign workers attracted under the Prime Minister's Decision on the National Programme for development of artificial intelligence human resources.

Article 9. Dossiers of application for a work permit exemption certificate

1. Application for a work permit exemption certificate, made according to Form No. 01 provided in the Appendix I to this Decree.

2. The original or a certified copy or a copy enclosed with the original for comparison, or an electronically certified copy of a health certificate or health examination certificate issued by a competent foreign medical examination and treatment establishment, or a health examination certificate issued by a competent Vietnamese medical examination and treatment establishment, except where the health examination results have been connected and shared on the information system for management of medical examination and treatment activities or the national health database, issued no more than 12 months from the date of issuance to the date of dossier submission.

3. Two color photos or image files (4 cm x 6 cm, white background, frontal view, bareheaded except for religious reasons, and no glasses), except where information can be retrieved from the database of foreign workers working in Vietnam.

4. Copy of the personal identity page of valid passport, except where information can be retrieved from the national database on entry and exit.

5. Documents proving foreign workers exempt from work permit shall be the original, a certified copy or a copy enclosed with the original for comparison, or an electronically certified copy for comparison, of one of the following documents:

a) A document issued by a competent agency in accordance with law for the case specified in Clause 3, Article 154 of the Labor Code, which has not been certified by a competent Vietnamese agency, or for one of the cases specified in Clauses 9, 14 and 15, Article 7 of this Decree;

b) A document issued by the foreign employer sending the foreign worker to Vietnam, in the cases specified in Clause 7 Article 154 of the Labor Code and Clauses 4, 11 and 12 Article 8 of this Decree.

In the case specified in Clause 7 Article 154 of the Labor Code, the document must be accompanied by the treaty to which the Socialist Republic of Vietnam is a contracting party.

In the case specified in Clause 4 Article 8 of this Decree, the document must be accompanied by the document approving the project or non-project document issued by the competent authority, or the international agreement on official development assistance or the treaty on official development assistance or concessional loans signed between competent authorities of Vietnam and foreign parties.

In the case specified in Clause 11 Article 8 of this Decree, the document must be accompanied by the treaty to which the Socialist Republic of Vietnam is a contracting party and a written confirmation issued by the foreign diplomatic mission or international organization in Vietnam.

In the case specified in Clause 12 Article 8 of this Decree, the document must be accompanied by an international agreement signed by a central-level or provincial-level agency or organization in accordance with law.

c) A document issued by the foreign employer assigning the foreign worker, accompanied by an agreement or treaty to which the Socialist Republic of Vietnam is a contracting party, or a decision on the establishment of an international school, in the case specified in Clause 6 Article 8 of this Decree.

d) A document issued by a foreign school or training institution assigning a foreign pupil, student or trainee currently studying there, accompanied by an internship agreement between the employer in Vietnam and the school or training institution, or an invitation to work from the employer in Vietnam, in the case specified in Clause 7 Article 8 of this Decree.

In case the foreign pupil, student or trainee is studying at a school or training institution in Vietnam, a written confirmation of their current studies issued by the school or training institution must be provided, together with an internship agreement between the employer in Vietnam and the school or training institution, or an invitation to work from the employer in Vietnam.

dd) A document proving that the foreign worker is a manager, executive, expert as specified in Article 20 of this Decree, together with a document issued by the foreign employer sending the foreign worker to work for a definite period of time at a commercial presence in Vietnam, and confirming that the foreign worker has been employed by the foreign employer for at least 12 consecutive months before entering Vietnam to work, for the case specified at Point b Clause 13 Article 8 of this Decree.

e) A document issued by the foreign employer assigning the foreign worker, or an invitation issued by an educational institution in Vietnam, accompanied by a document approved or signed by the competent authority, in the case specified at Point a Clause 14 Article 8 of this Decree.

g) A document issued by the foreign employer assigning the foreign worker, or an invitation issued by an educational institution in Vietnam, accompanied by a cooperation document or joint training programme, in the case specified at Point b Clause 14 Article 8 of this Decree.

h) A diploma, certificate or document certifying graduation with a master's degree or higher, in the case specified at Point c Clause 14 Article 8 of this Decree.

i) A diploma, certificate or document certifying graduation with a university degree or higher in a discipline or field included in the List of strategic technologies and the List of strategic technology products, in the case specified in Clause 17 Article 8 of this Decree.

In case the person is a relative of the persons specified in Clause 17 Article 8 of this Decree, documents proving the marital relationship or parent-child relationship must be provided.

k) Documents proving that the foreign worker is attracted under the Prime Minister's Decision on the National Programme for development of artificial intelligence human resources, in the case specified in Clause 18 Article 8 of this Decree.

6. The original or a certified copy or a copy enclosed with the original for comparison, of a judicial record certificate or an electronic judicial record certificate, except where information can be retrieved from the judicial record database, or a document issued by a foreign or Vietnamese authority certifying that the foreign worker is not serving a criminal sentence, has not had their criminal record expunged, or is not subject to criminal prosecution, issued no more than 6 months from the date of issuance to the date of dossier submission.

7. In case a foreign worker holding a valid work permit exemption certificate wishes to change one or more particulars regarding the job position or field of work stated in the certificate without changing the employer, the procedures for the grant of a work permit exemption certificate must be carried out. The dossier of application for a work permit exemption certificate comprises:

a) The papers specified in Clauses 1, 3 and 4 Article 9 of this Decree;

b) The original, a certified copy or a copy enclosed with the original for comparison, or an electronically certified copy of a document proving the job position as prescribed in Article 20 of this Decree, in the case of a change of job position;

c) Copy of the previously granted work permit exemption certificate, except where information can be retrieved from the database of foreign workers working in Vietnam.

8. In case a foreign worker whose work permit exemption certificate has been extended wishes to continue working for the employer in the same job position and field of work, the procedures for the grant of a work permit exemption certificate must be carried out at least 10 working days but no more than 60 days before the expiry date of the work permit exemption certificate. The dossier of application for a work permit exemption certificate comprises:

a) The papers specified in Clauses 1, 3, 4 and 5 Article 9 of this Decree;

b) Copy of the previously granted work permit exemption certificate, except where information can be retrieved from the database of foreign workers working in Vietnam.

Article 10. Order and procedures for grant of work permit exemption certificates

1. Between 10 days and 60 days before the date on which the foreign worker is expected to commence working, the employer shall submit a dossier of application for a work permit exemption certificate by hand delivery, or through the postal service, services provided by an institutional or individual provider, or an authorized representative, to the Public Administration Service Center in the locality where the foreign worker is expected to work or online via the National Public Service Portal.

2. The local Public Administration Service Center or the National Public Service Portal shall transfer the dossier to the agency competent to grant work permit exemption certificates under regulations on the performance of administrative procedures under the single-window and interconnected single-window mechanisms at the single-window division and via the National Public Service Portal.

3. Within 5 working days after receiving a complete dossier of application for a work permit exemption certificate, the competent agency shall grant a work permit exemption certificate using Form No. 02 provided in the Appendix I to this Decree.

If refusing to grant a work permit exemption certificate, the competent agency shall issue a written reply, clearly stating the reason, within 03 working days after receiving the complete dossier.

4. In the case specified in Clause 3 Article 154 of the Labor Code, as confirmed by a competent authority in Vietnam, Clauses 4, 5, 6 and 8 Article 154 of the Labor Code, and Clauses 2, 3, 5, 8, 10, Point a Clause 13, Points d and dd Clause 14, and Clause 16 Article 8 of this Decree, the procedures for the grant of a work permit exemption certificate are not required to be carried out, but the employer must notify the competent authority granting the work permit exemption certificate in the locality where the foreign worker works at least 03 working days before the expected commencement date of work. In case of foreign workers offering services for sale, the agencies, organizations or enterprises to which the services are offered shall make the notification. In case of foreign workers responsible for establishing a commercial presence, the authorized agencies, organizations or individuals shall make the notification.

The notification must include the following basic information: full name, date of birth, nationality, passport number, name of the foreign employer, workplace, working period, and the specific case referred to in this Clause.

The working duration must not exceed the validity duration of the work permit exemption certificate already granted as prescribed in Clause 1 Article 11 of this Decree. In case specified at Point d Clause 14 Article 8 of this Decree, the working period shall be the term of the contract or written agreement with the educational institution but must not exceed 03 years; in case specified in Clause 16 Article 8 of this Decree, the working period shall be the validity period of the special visa exemption card.

In case the employer wishes to continue employing the foreign worker after the expiry of the working period, the employer shall make a notification in accordance with this Clause.

Within 03 working days from the date of receipt of the notification, the competent authority granting the work permit exemption certificate shall update information on the foreign worker in the database of foreign workers working in Vietnam.

5. In case a foreign worker who has been granted a work permit exemption certificate wishes to work for the same employer at new locations or to change their workplace on a stable and regular basis, at least 03 working days before the expected commencement date of work, the employer must notify the competent authority granting the work permit exemption certificate in the locality where the foreign worker is expected to work and the locality where the certificate was granted.

The notification must include the following basic information: full name, date of birth, nationality, passport number, number of the work permit exemption certificate, workplace, and working duration. The working duration must not exceed the validity period of the previously granted work permit exemption certificate.

Within 03 working days from the date of receipt of the notification, the competent authority granting the work permit exemption certificate shall update information on the foreign worker in the database of foreign workers working in Vietnam.

Article 11. Validity duration of work permit exemption certificates

1. The validity duration of a work permit exemption certificate shall correspond one of the following durations but must not exceed 2 years:

a) The period stated in the foreign partner’s document sending the foreign worker to Vietnam to work;

b) The term of the contract or agreement signed between Vietnamese and foreign partners or between Vietnamese partners;

c) The term of the service contract or agreement signed between the Vietnamese and foreign partners;

d) The period specified in the document issued by the foreign service provider assigning the foreign worker to enter Vietnam to negotiate service provision;

dd) The period identified in the business, establishment or operation license of the agency, organization or enterprise employing the foreign worker;

e) The period specified in the document issued by the foreign party assigning the foreign worker to enter Vietnam to establish a commercial presence;

g) The period stated in the foreign partner’s document sending the foreign worker to Vietnam to participate in the operation of a foreign enterprise that has established its commercial presence in Vietnam;

h) The period stated in the foreign partner’s document sending the foreign worker to Vietnam to work under an agreement or a treaty to which the Socialist Republic of Vietnam is a contracting party;

i) The period stated in the foreign partner’s document sending the foreign worker to Vietnam to work under an international agreement signed by a central- or provincial-level agency or organization;

k) The period specified in the approval document issued by the competent authority in Vietnam.

2. The validity duration of a work permit exemption certificate in the case specified in Clause 15 Article 8 of this Decree shall be the period confirmed by ministries, ministerial-level agencies or provincial-level People's Committees, but must not exceed 02 years.

3. The validity duration of a work permit exemption certificate in the case specified at Point b Clause 13 Article 8 of this Decree must not exceed 03 years.

Section 2

RE-GRANT OF WORK PERMIT EXEMPTION CERTIFICATES

Article 12. Cases eligible for re-grant of a work permit exemption certificate

1. The work permit exemption certificate remains valid but is lost or irreparably damaged.

2. There is a change in any of the following information: full name, nationality, passport number, or the employer’s name, provided that the employer’s identification number or tax code remains unchanged.

3. In case there is a change in the head office, branch, representative office, business location or executive office of a foreign contractor where the foreign worker has been granted a work permit exemption certificate, the procedures for re-grant of the work permit exemption certificate shall be carried out.

Article 13. Dossier of request for re-grant of a work permit exemption certificate

1. A written request for re-grant of a work permit exemption certificate, made according to Form No. 01 provided in the Appendix I to this Decree.

2. Two color photos or image files (4 cm x 6 cm, white background, frontal view, bareheaded except for religious reasons, and no glasses), except where information can be retrieved from the database of foreign workers working in Vietnam.

3. Copy of the papers proving the change as specified in Clause 2 or Clause 3 Article 12 of this Decree.

4. Copy of the valid work permit exemption certificate, except where it has been lost as prescribed in Clause 1 Article 12 of this Decree or information can be retrieved from the database of foreign workers working in Vietnam.

Article 14. Order and procedures for re-grant of work permit exemption certificates

1. The employer shall submit a dossier of request for re-grant of a work permit exemption certificate by hand delivery or through the postal service, services provided by an institutional or individual service provider, or an authorized representative, to the Public Administration Service Center in the locality where the foreign worker is working or online via the National Public Service Portal.

2. The local Public Administration Service Center or online via the National Public Service Portal shall forward the dossier to the agency competent to re-grant work permit exemption certificates under regulations on the performance of administrative procedures under the single-window and interconnected single-window mechanisms at the single-window division and via the National Public Service Portal.

3. Within 3 working days after receiving a complete dossier of request for re-grant of a work permit exemption certificate, the competent agency shall re-grant the work permit exemption certificate and update the information in the database of foreign workers working in Vietnam.

In case of refusal to re-grant a work permit exemption certificate, the competent agency shall issue a written reply, clearly stating the reason.

Article 15. Validity duration of re-granted work permit exemption certificates

The validity duration of a re-granted work permit exemption certificate is equal to the remaining validity duration of the previously granted certificate, minus the period during which the foreign worker has already worked up to the time of submission of the dossier of request for re-grant of the work permit exemption certificate.

Section 3

EXTENSION OF WORK PERMIT EXEMPTION CERTIFICATES

Article 16. Dossier of request for extension of a work permit exemption certificate

1. A written request for extension of a work permit exemption certificate, made according to Form No. 01 provided in the Appendix I to this Decree.

2. Two color photos or image files (4 cm x 6 cm, white background, frontal view, bareheaded except for religious reasons, and no glasses), except where information can be retrieved from the database of foreign workers working in Vietnam.

3. Copy of the personal identity page of valid passport, except where information can be retrieved from the national database on entry and exit.

4. Documents proving foreign workers exempt from work permit shall be the original, a certified copy or a copy enclosed with the original for comparison, or an electronically certified copy, of one of the following documents:

a) One of the papers specified at Points a, b, c, d, e, g, h, i and k Clause 5 Article 9 of this Decree;

b) A document of the overseas employer sending the foreign worker to work for a definite period at its commercial presence in Vietnam’s territory, for the case specified at Point b Clause 13 Article 8 of this Decree.

5. A copy of the previously granted valid work permit exemption certificate, except where information can be retrieved from the database of foreign workers working in Vietnam.

Article 17. Order and procedures for extension of work permit exemption certificates

1. At least 10 working days but no more than 90 days before the expiry date of the work permit exemption certificate, the employer shall submit the dossier of application for extension of the work permit exemption certificate, by hand delivery, or through the postal service, services provided by an institutional or individual provider, or an authorized representative, to the Public Administrative Service Center in the locality where the foreign worker is working, or online via the National Public Service Portal.

2. The Public Administration Service Center or the National Public Service Portal shall forward the dossier to the agency competent to extend work permit exemption certificates according to regulations on performance of administrative procedures under the single-window and interconnected single-window mechanisms single-window division and via the National Public Service Portal.

3. Within 05 working days after receiving a complete dossier of request for extension of the work permit exemption certificate, the competent agency shall extend the work permit exemption certificate for the foreign worker.

If refusing to extend the certificate, the competent agency shall issue a written reply, clearly stating the reason.

Article 18. Validity duration of extended work permit exemption certificates

The validity duration of an extended work permit exemption certificate corresponds to the duration specified for one of the cases specified in Article 11 of this Decree. A certificate may be extended only once for up to 2 years.

Chapter III

ORDER AND PROCEDURES FOR GRANT, RE-GRANT AND EXTENSION OF WORK PERMITS

Section 1

GRANT OF WORK PERMITS

Article 19. Dossier of application for a work permit

1. A written report explaining the demand for foreign workers and requesting the grant of work permits, made according to Form No. 03 of Appendix I to this Decree.

2. The original or a certified copy or a copy enclosed with the original for comparison, or an electronically certified copy of a health certificate or health examination certificate issued by a competent foreign medical examination and treatment establishment, or a health examination certificate issued by a competent Vietnamese medical examination and treatment establishment, except where the health examination results have been connected and shared on the information system for management of medical examination and treatment activities or the national health database, issued no more than 12 months from the date of issuance to the date of dossier submission.

3. Copy of the personal identity page of valid passport, except where information can be retrieved from the national database on entry and exit.

4. The original or a certified copy or a copy enclosed with the original for comparison, of a judicial record certificate or an electronic judicial record certificate, except where information can be retrieved from the judicial record database, or a document issued by a foreign or Vietnamese authority certifying that the foreign worker is not serving a criminal sentence, has not had their criminal record expunged, or is not subject to criminal prosecution, issued no more than 6 months from the date of issuance to the date of dossier submission.

5. Two color photos or image files (4 cm x 6 cm, white background, frontal view, bareheaded except for religious reasons, and no glasses), except where information can be retrieved from the database of foreign workers working in Vietnam.

6. Documents proving the form of work of the foreign worker shall be the original, a certified copy or a copy enclosed with the original for comparison, or an electronically certified copy of one of the following documents:

a) A document issued by the foreign employer assigning the foreign worker to work for a definite period at a commercial presence in the territory of Vietnam and confirming that the foreign worker had been recruited by the foreign employer for at least 12 consecutive months before entering Vietnam for work, in the case specified at Point b Clause 1 Article 2 of this Decree;

b) A document issued by the foreign employer assigning the foreign worker, which contains a request for the agency, organization or enterprise in Vietnam to be responsible for carrying out the procedures for the grant of a work permit, accompanied by the signed contract or agreement, in the cases specified at Points c and i Clause 1 Article 2 of this Decree;

c) A service provision contract signed between the Vietnamese and foreign partners, accompanied by a document proving that the foreign worker has worked for a foreign enterprise without a commercial presence in Vietnam for at least 24 months, in the case specified at Point d Clause 1 Article 2 of this Decree;

d) A document issued by the service provider assigning the foreign worker to enter Vietnam to negotiate service provision, in the case specified at Point dd Clause 1 Article 2 of this Decree;

dd) A document issued by the foreign employer assigning the foreign worker to work in Vietnam and appropriate to the intended job position, in the case specified at Point h Clause 1 Article 2 of this Decree;

e) Documents proving that the foreign worker is a manager as prescribed in Clause 1 Article 20 of this Decree, in the case specified at Point l Clause 1 Article 2 of this Decree.

7. The original, a certified copy or a copy enclosed with the original for comparison, or an electronically certified copy of documents proving that the foreign worker is a manager, executive, expert or technical worker as prescribed in Article 20 of this Decree, except where the foreign worker works in the form specified at Point l Clause 1 Article 2 of this Decree.

Article 20. Documents proving that a foreign worker is a manager, executive, expert or technical worker

1. A document proving that a foreign worker is a manager as defined in Clause 1 Article 4 of this Decree is any the following:

a) The company charter and documents proving the managerial status, or appointment/assignment document, for holders of managerial positions as specified in Clause 24 Article 4 of the Law on Enterprises;

b) The establishment license of the agency or organization, or appointment/assignment document, for heads or deputy heads of agencies or organizations.

2. A document proving that the foreign worker is an executive as defined in Clause 2 Article 4 of this Decree is any the following:

a) A certificate of registration of operation of the branch, certificate of registration of operation of the representative office, or certificate of registration of the business location of the enterprise for the case specified at Point a Clause 2 Article 4 of this Decree;

b) The company charter or document providing the organizational structure of the agency or organization, together with written confirmation from the foreign employer regarding the number of years of working experience in a field relevant to the job position in which the foreign worker is expected to work in Vietnam for the case specified at Point b Clause 2 Article 4 of this Decree.

3. A document proving that a foreign worker is an expert as defined in Clause 3 Article 4 of this Decree is any of the following:

a) Diplomas, certificates or documents proving that the foreign worker possesses a university or higher (or equivalent) degree, together with the foreign employer’s written confirmation of the number of years of the expert’s working experience for the case specified at Point a Clause 3 Article 4 of this Decree;

b) Diplomas, certificates or documents proving that the foreign worker possesses a university or higher (or equivalent) degree for the case specified at Point b Clause 3 Article 4 of this Decree;

c) Diplomas, certificates or documents proving that the foreign worker possesses university degree classified as distinction or higher, together with the foreign employer’s written confirmation of the number of years of the expert’s working experience for the case specified at Point c Clause 3 Article 4 of this Decree;

d) Documents proving that the expert works in the fields of culture, arts or sports as prescribed in Appendix III to this Decree, in the case specified at Point d Clause 3 Article 4 of this Decree;

dd) A document issued by the educational institution confirming that the foreign worker fully satisfies the professional and vocational conditions and standards prescribed by the Government regarding foreigners working as managers, teachers, scientific researchers and participants in academic exchanges at educational institutions in Vietnam, in the case specified at Point dd Clause 3 Article 4 of this Decree;

e) The foreign employer’s written confirmation of the number of years of working experience of such expert, for the case specified at Point e Clause 3 Article 4 of this Decree;

g) Pilot licenses, professional certificates permitting work on board aircraft, for cabin crew members, certificates of technical qualifications in aircraft maintenance. Certificates of professional competency for foreign seafarers granted by Vietnamese competent agencies. Papers must be accompanied by a recognition certificate issued by Vietnamese competent agencies in accordance with the Minister of Construction’s guidance.

4. A document proving that the foreign worker is a technical worker as defined in Clause 4 Article 4 of this Decree is any the following:

a) Diplomas, certificates or documents proving at least one year’s training, together with the foreign employer’s written confirmation of the number of years of working experience for the case specified at Point a Clause 4 Article 4 of this Decree;

b) The foreign employer’s written confirmation of the number of years of working experience of such technical worker for the case specified at Point b Clause 4 Article 4 of this Decree.

5. If the foreign worker has already worked in Vietnam, a previously granted work permit or work permit exemption certificate may be used, or information retrieved from the database of foreign employees working in Vietnam, may be used to prove the number of years of work experience in a field relevant to the position of executive director, expert or technical worker, except for cases where the number of years of experience is not required under this Decree.

Article 21. Dossiers of application for work permits for those who have been granted work permits

1. In case a foreign worker who has been granted a work permit and whose work permit remains valid wishes to work for another employer in the same job position and the same field, he/she shall carry out procedures for application for a work permit.  A dossier of application for a work permit must comprise:

a) The letter of confirmation of the employer stating that the foreign worker is currently working;

b) The papers specified in Clauses 1, 3, 5 and 6, Article 19 of this Decree;

c) Copy of the previously granted work permit, except where information can be retrieved from the database of foreign workers working in Vietnam;

d) The original, a certified copy or a copy enclosed with the original for comparison, or an electronically certified copy of documents proving that the foreign worker is a manager or executive.

2. In case a foreign worker holding a valid work permit wishes to change one or more of the particulars in job position, field of work or working form against that stated in the work permit without changing the employer, he/she shall carry out procedures for application for a work permit. A dossier of application for a work permit must comprise:

a) The papers specified in Clauses 1, 3 and 5, Article 19 of this Decree;

b) The original, a certified copy or a copy enclosed with the original for comparison, or an electronically certified copy of a document proving the job position as prescribed in Article 20 of this Decree, in the case of a change of job position;

c) The original, a certified copy or a copy enclosed with the original for comparison, or an electronically certified copy of a document proving the form of work as prescribed in Clause 6 Article 19 of this Decree, in the case of a change in the form of work;

d) Copy of the previously granted work permit, except where information can be retrieved from the database of foreign workers working in Vietnam.

3. In case a foreign worker whose work permit has been extended wishes to continue working for the current employer in the same job position and the same field, the procedures for the grant of a work permit must be carried out at least 10 working days but no more than 60 days before the work permit expires. A dossier of application for a work permit must comprise:

a) The papers specified in Clauses 1, 3, 5 and 6 Article 19 of this Decree;

b) Copy of the previously granted work permit, except where information can be retrieved from the database of foreign workers working in Vietnam;

c) The original, a certified copy or a copy enclosed with the original for comparison, or an electronically certified copy of documents proving that the foreign worker is a manager or executive.

Article 22. Validity duration of work permits

The validity duration of a work permit shall correspond one of the following durations but must not exceed 2 years:

1. The term of the labor contract to be signed.

2. The period stated in the foreign partner’s document sending the foreign worker to Vietnam to work.

3. The term of the contract or agreement signed between Vietnamese and foreign partners or between Vietnamese partners.

4. The term of the service contract or agreement signed between the Vietnamese and foreign partners.

5. The period identified in the business, establishment or operation license of the agency, organization or enterprise employing the foreign worker.

6. The period stated in the foreign partner’s document sending the foreign worker to Vietnam to participate in the operation of a foreign enterprise that has established its commercial presence in Vietnam.

7. The period stated in the foreign partner’s document sending the foreign worker to Vietnam to work under an agreement or a treaty to which the Socialist Republic of Vietnam is a contracting party.

8. The period stated in the foreign partner’s document sending the foreign worker to Vietnam to work under an international agreement signed by a central- or provincial-level agency or organization.

9. The period specified in the approval document issued by the competent authority in Vietnam.

Article 23. Order and procedures for grant of a work permit

1. Between 10 days and 60 days before the date on which the foreign worker is expected to commence working, the employer shall submit a dossier of application for a work permit by hand delivery, or through the postal service, services provided by an institutional or individual provider, or an authorized representative, to the Public Administration Service Center in the locality where the foreign worker is expected to work or online via the National Public Service Portal.

2. The local Public Administration Service Center or the National Public Service Portal shall forward the dossier to the agency competent to grant work permits according to regulations on performance of administrative procedures under the single-window and interconnected single-window mechanisms at the single-window division and via the National Public Service Portal.

3. Within 10 working days after receiving a complete dossier of application for a work permit, the competent agency shall consider the approval of the demand for employment of foreign workers and grant a work permit to the foreign worker, using Form No. 04 provided in the Appendix I to this Decree.

If rejecting the demand for employment of foreign workers or refusing to grant a work permit to the foreign worker, the competent agency shall issue a written reply, clearly stating the reason, within 3 working days after receiving a complete dossier.

4. For a foreign worker specified at Point a or m Clause 1 Article 2 of this Decree, after he/she is granted a work permit, he/she and his/her employer shall sign a labor contract in written form in accordance with Vietnam’s labor law before the date the foreign worker is expected to commence working.

5. In case a foreign worker who has been granted a work permit wishes to work for the same employer at new locations or to change their workplace on a stable and regular basis, at least 03 working days before the expected commencement date of work, the employer must notify the competent authority in the locality where the foreign worker is expected to work and the locality where the permit was granted.

The notification must include the following basic information: full name, date of birth, nationality, passport number, number of the work permit, workplace, and working duration. The working period must not exceed the validity period of the previously granted work permit.

Within 03 working days from the date of receipt of the notification, the competent authority granting the work permit shall update information on the foreign worker in the database of foreign workers working in Vietnam.

Section 2

RE-GRANT OF WORK PERMITS

Article 24. Cases in which a work permit may be re-granted

1. The work permit remains valid but is lost or damaged to an extent that it is unusable.

2. There is a change in any of the following information: full name, nationality, passport number, or the employer’s name, provided that the employer’s identification number or tax code remains unchanged.

3. In case there is a change in the head office, branch, representative office, business location or executive office of a foreign contractor where the foreign worker has been granted a work permit, the procedures for re-grant of the work permit shall be carried out.

Article 25. Dossier of request for re-grant of a work permit

1. A request for re-grant of a work permit according to Form No. 03 provided in Appendix I to this Decree.

2. Two color photos or image files (4 cm x 6 cm, white background, frontal view, bareheaded except for religious reasons, and no glasses), except where information can be retrieved from the database of foreign workers working in Vietnam.

3. Copy of the papers proving the change as specified in Clause 2 or Clause 3 Article 24 of this Decree.

4. A copy of the valid work permit, except where it has been lost or damaged and rendered unusable as prescribed in Clause 1 Article 24 of this Decree, or information can be retrieved from the database of foreign workers working in Vietnam.

Article 26. Order and procedures for re-grant of a work permit

1. The employer shall submit a dossier of request for re-grant of a work permit by hand delivery or through the postal service, services provided by institutional or individual service provider or an authorized representative, to the Public Administration Service Center in the locality where the foreign worker is expected to work or online via the National Public Service Portal.

2. The local Public Administration Service Center or the National Public Service Portal shall forward the dossier to the agency competent to re-grant work permits according to regulations on performance of administrative procedures under the single-window and interconnected single-window mechanisms at the single-window division and via the National Public Service Portal.

3. Within 03 working days from the date of receipt of a complete dossier of application for re-grant of a work permit, the competent authority shall re-grant the work permit to the foreign worker and update the information in the database of foreign workers working in Vietnam.

If refusing to re-grant the work permit, the competent agency shall issue a written reply, clearly stating the reason.

Article 27. Validity duration of re-granted work permits

The validity duration of a re-granted work permit shall equal that of the previously granted work permit minus the foreign worker’s working period counted by the time of request for re-grant of the work permit.

Section 3

EXTENSION OF WORK PERMITS

Article 28. Dossier of request for extension of a work permit

1. A written report explaining the demand for foreign workers and requesting extension of the work permit, made according to Form No. 03 of Appendix I to this Decree.

2. Copy of the personal identity page of valid passport, except where information can be retrieved from the national database on entry and exit.

3. Two color photos or image files (4 cm x 6 cm, white background, frontal view, bareheaded except for religious reasons, and no glasses), except where information can be retrieved from the database of foreign workers working in Vietnam.

4. The paper proving the foreign worker’s working form, except foreign workers who work under Points a, m Clause 1 Article 2 of this Decree, shall be the original, a certified copy or a copy enclosed with the original for comparison, or an electronically certified copy of one of the following documents:

a) One of the papers specified at Points b, d, dd and e Clause 6 Article 19 of this Decree;

b) A document of the overseas employer sending the foreign worker to work for a definite period at its commercial presence in Vietnam’s territory, for the case specified at Point b Clause 1 Article 2 of this Decree;

c) A service contract signed between Vietnamese and foreign partners, for the case specified at Point d Clause 1 Article 2 of this Decree.

5. A copy of the previously granted valid work permit, except where information can be retrieved from the database of foreign workers working in Vietnam.

Article 29. Order and procedures for extension of work permits

1. Between 10 days and 90 days before the expiry date of the work permit, the employer shall submit a dossier of request for extension of the work permit by hand delivery or via the public postal service or services provided by an institutional individual service provider or authorized representative, to the Public Administration Service Center in the locality where the foreign worker is working or online via the National Public Service Portal.

2. The local Public Administration Service Center or the National Public Service Portal shall forward the dossier to the agency competent to extend work permits according to regulations on performance of administrative procedures under the single-window and interconnected single-window mechanisms at the single-window division and via the National Public Service Portal.

3. Within 05 working days after receiving a complete dossier of request for extension of a work permit, the competent agency shall consider approving the demand for employment of foreign workers and extend the work permit to the foreign worker.

If rejecting the demand for employment of foreign workers or refusing to extend the work permit to the foreign worker, the competent agency shall issue a written reply, clearly stating the reason.

4. For a foreign worker specified at Point a or m Clause 1 Article 2 of this Decree, after his/her work permit is extended, he/she and his/her employer shall sign a labor contract in written form in accordance with Vietnam’s labor law before the date he/she is expected to continue working for the employer.

Article 30. Validity duration of extended work permits

The validity duration of an extended work permit must comply with Article 22 of this Decree; a work permit may be extended only once for no more than 2 years.

Chapter IV

REVOCATION OF WORK PERMITS OR WORK PERMIT EXEMPTION CERTIFICATES

Article 31. Cases subject to revocation of work permits

1. The work permit expires under Clause 2, 3, 4, 5, 6 or 7 Article 156 of the Labor Code.

2. The employer or foreign worker fails to strictly comply with the regulations on the grant, re-grant or extension of work permits.

3. The foreign worker is deported pursuant to an effective judgment or decision of a Court or a decision of a competent state agency.

4. The foreign worker is held in custody, remanded in custody, or serves a fixed-term imprisonment sentence, life imprisonment sentence or death sentence in accordance with the law on criminal matters.

5. The foreign worker dies or is declared by a Court to have lost their civil act capacity, to be missing or to be dead.

Article 32. Procedures for revocation of work permits

1. For the case specified in Clause 1 Article 31 of this Decree, within 10 working days after a work permit expires, the employer shall revoke the work permit and return it, together with a report on the reason for the revocation, to the agency competent to grant work permits. In case of failure to revoke the work permit, it shall clearly state the reason.

2. For the case specified in Clause 2, 3, 4 and 5 Article 31 of this Decree, the agency competent to grant work permits shall issue a decision on revocation of the work permit, and send a notice to the employer to request the latter to return the work permit and to the Ministry of Public Security for information and coordinated management.

3. The competent authority granting work permits shall update information on the revocation of work permits in the database of foreign workers working in Vietnam.

Article 33. Cases subject to revocation of work permit exemption certificates

1. The foreign worker works in contravention of the contents stated in the granted work permit exemption certificate.

2. The overseas employer issues a notice stating that the foreign worker will not continue working in Vietnam.

3. The employer in Vietnam or abroad terminates operation.

4. The employer or the foreign worker fails to strictly comply with this Decree’s provisions on the grant, re-grant or extension of work permit exemption certificates.

5. The foreign worker is deported pursuant to an effective judgment or decision of a Court or a decision of a competent state agency.

6. The foreign worker is held in custody, remanded in custody, or serves a fixed-term imprisonment sentence, life imprisonment sentence or death sentence in accordance with the law on criminal matters.

7. The foreign worker dies or is declared by a Court to have lost their civil act capacity, to be missing or to be dead.

Article 34. Procedures for revocation of work permit exemption certificates

1. For the cases specified in Clauses 1, 2 and 3, Article 33 of this Decree, within 10 working days after the foreign worker’s work permit exemption certificate expires, the employer shall revoke the work permit exemption certificate and return it, together with a document stating the reason for the revocation, to the agency competent to grant certificate. In case of failure to revoke the work permit, it shall clearly state the reason.

2. For the case specified in Clause 4, 5, 6 and 7 Article 33 of this Decree, the agency competent to grant the work permit exemption certificate shall issue a decision on revocation of the work permit exemption certificate and send a notice thereof to the employer to request the latter to return the certificate and to the Ministry of Public Security for information and coordinated management.

3. The competent authority granting work permit exemption certificates shall update information on the revocation of work permit exemption certificates in the database of foreign workers working in Vietnam.

Chapter V

IMPLEMENTATION PROVISIONS

Article 35. Transitional provisions

1. Work permit exemption certificates and work permits that have been granted, re-granted or extended in accordance with the Government’s Decree No. 219/2025/ND-CP and Decree No. 70/2023/ND-CP dated August 19, 2023, amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020, providing for foreign workers working in Vietnam and the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, may continue to be used until their expiry and shall be granted, re-granted or extended in accordance with this Decree.

2. Dossiers of application for, and dossiers of request for re-grant or extension of, work permits or work permit exemption certificates submitted by employers before the effective date of this Decree shall continue to be settled under Decree No. 219/2025/ND-CP.

3. In case a work permit exemption certificate or a work permit has been granted, re-granted or extended for the job position of technical worker under the form of intra-corporate transfer as prescribed in Decree No. 219/2025/ND-CP, it may continue to be used until its expiry and may be re-granted or extended for the job position of expert if the conditions prescribed at Point e Clause 3 Article 4 of this Decree are satisfied.

4. An agency delegated or authorized by provincial-level People’s Committee for performance of tasks relating to the grant, re-grant, extension and revocation of work permits and work permit exemption certificates under Article 4 of Decree No. 219/2025/ND-CP shall continue to perform the delegated or authorized tasks until the provincial-level People’s Committee issues new regulations.

5. In case an employer submitted a dossier of application for extension of a work permit or a work permit exemption certificate in accordance with Resolution No. 24/2026/NQ-CP before the effective date of this Decree, the application shall continue to be considered and settled in accordance with Resolution No. 24/2026/NQ-CP.

Article 36. Effect

1. This Decree takes effect on December 05, 2026.

2. Decree No. 219/2025/ND-CP dated August 07, 2025 of the Government providing for foreign workers working in Vietnam shall cease to be effective as from the effective date of this Decree.

3. Clauses 1 and 2 Part IV Section 1.2 Appendix I.2 to the Government’s Resolution No. 24/2026/NQ-CP dated April 29, 2026, on the reduction, decentralization and simplification of administrative procedures and business conditions in the fields of national defence, home affairs, finance, construction, foreign affairs, justice and banking shall cease to be effective as of the effective date of this Decree.

4. In case the documents referred to in this Decree are amended, supplemented or replaced, the corresponding provisions of the amending, supplementing or replacing documents shall apply.

Article 37. Responsibility for implementation

1. Responsibilities of the Ministry of Home Affairs:

a) To assume the prime responsibility for, and coordinate with the Ministry of Public Security and related agencies and organizations in, building and managing a unified database on foreign workers working in Vietnam from the central to local levels and connecting and exchanging data with the national database on immigration and other related databases;

b) To perform the uniform state management of recruitment and management of foreign workers working in Vietnam from the central to local levels;

c) To assume the prime responsibility for, and coordinate with relevant agencies in, conducting annual or unscheduled specialized examinations, supervision and assessment of the observance of the regulations on foreign workers working in Vietnam by related agencies, organizations, enterprises and individuals;

d) To summarize difficulties and problems arising during the implementation process and report proposals and recommendations to competent authorities.

2. Responsibilities of the Ministry of National Defence:

a) To coordinate with agencies competent to manage foreign workers in implementing regulations on assurance of security and social order and safety in border areas, border gates, islands, strategic areas, key areas and important areas in terms of national defense;

b) To direct the Border Guard to coordinate with functional forces in handling and examining foreign workers entering to work in border areas, border gates, islands and maritime zones in order to firmly safeguard the territorial sovereignty and national border security of the Fatherland.

3. Responsibilities of the Ministry of Public Security:

a) To coordinate with agencies competent to manage foreign workers working for employers in implementing regulations on assurance of security and social order and safety;

b) To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in providing guidance on the retrieval and use of judicial record information as a substitute for judicial record certificates.

4. Responsibilities of ministries and ministerial-level agencies:

To confirm that foreign workers exempt from work permits as specified in Clause 15 Article 8 of this Decree satisfy the objectives of socio-economic development and the conditions for experts prescribed in Clause 3 Article 4 of this Decree.

5. Responsibilities of provincial-level People’s Committees:

a) To manage and guide local employers to implement regulations on foreign workers working in Vietnam;

b) To conduct dissemination; to direct specialized inspections, inspections, supervision and handling of violations in accordance with the law on the recruitment and management of foreign workers in the locality;

c) To direct the updating, connection and sharing of local databases on foreign workers with the database of foreign workers working in Vietnam;

d) Periodically, before June 15 and December 15 each year, to report to the Ministry of Home Affairs on the situation of foreign workers working in the locality, using Appendix IV to this Decree, or to make extraordinary reports upon request, except where information on foreign workers can be retrieved from the database of foreign workers working in Vietnam;

dd) To confirm that foreign workers exempt from work permit as specified in Clause 15 Article 8 of this Decree satisfy the objectives of socio-economic development and the conditions for experts prescribed in Clause 3 Article 4 of this Decree.

6. Responsibilities of employers

a) To comply with the provisions on foreign workers working in Vietnam as prescribed in this Decree;

b) To recruit and employ foreign workers in a manner that ensures national security and social safety, directly meets the employer’s needs, and does not involve the outsourcing of foreign workers;

c) To recruit foreign workers whose professional and technical qualifications and work experience are not lower than the required levels, ensuring consistency with the information on the job position, form of work, workplace and working period in the recruitment notice, for the forms of work specified at Points a, i and m Clause 1 Article 2 of this Decree. The employers are encouraged to post recruitment notices free of charge on the national employment exchange or through public employment service organizations;

d) To ensure that the information on foreign workers to be recruited is consistent with the information in the recruitment notice regarding the job position (specifically, the field of work), form of work, workplace and working period, and that their professional and technical qualifications and work experience are not lower than the required levels;

dd) To manage information on foreign workers in paper or electronic form; to submit periodic reports by June 5 and December 5 each year, using Appendix IV to this Decree, or extraordinary reports at the request of competent local state agencies or when there are changes in the employment of foreign workers, except where information on foreign workers can be retrieved from the database of foreign workers working in Vietnam;

e) To truthfully declare information and be legally responsible for dossiers of application for work permits and work permit exemption certificates in accordance with this Decree and relevant law.

7. The Ministries, the Heads of ministerial-level agencies, the Chairpersons of the People’s Committees of cities and provinces, the relevant agencies, organizations and individuals shall implement this Decree.

* All Appendices are not translated herein.