Critical law-change calendar (30 October 2026): Vietnam's new Decree 393/2026/ND-CP was issued 20 October, reported by the government on 22 October, and officially recorded as effective 5 December 2026. It regulates foreign workers generally, not merely the exemptions highlighted in the government's 22 October briefing. Until its effective date, use the presently operative Decree 219/2025 for cases it governs; do not treat any newly announced 393 exemption as already available. From 5 December, 393 replaces 219 as the governing decree (Article 36). If a permit is already issued, a dossier is pending, or a hire spans 5 December, have HR identify which Article 35 transition clause governs the particular record instead of assuming existing permits are instantly invalid or every old application restarts. We verified the government's register and publication/effective dates; the signed full Article 35 PDF was not directly reviewed in this pass, so individual transitional eligibility remains a pending authority verification until read and confirmed with the responsible authority. Do not generalise the short-term exemption or presume it waives notices, lawful stay or other authorisations.
Have a Vietnamese job offer? Ask your employer two things before moving: which rule lets you perform the actual work, and who will obtain that authorisation. A visa, work permit (or legally proven exemption) and temporary residence permission are distinct steps. The employer's promise to “handle everything” should become a written sequence with dates and documents.
| You intend to... | The proper first check |
|---|---|
| Work for a Vietnamese employer | Does the activity require a permit under Decree 219/2025/ND-CP and which local authority accepts the application? |
| Transfer from a foreign company | What entity has the legal employer/assignment role in Vietnam and whether a specific permit/exemption category fits? |
| Teach, consult or provide short-term expert services | Does a narrowly defined statutory exemption actually cover the duration, role and proof, or must a permit be obtained? |
| Live in Vietnam with family | Which family/sponsorship visa and residence conditions apply to each person? |
| Work remotely for a foreign employer on a visitor visa | Do not assume “foreign payroll” alone authorises all activities from within Vietnam; obtain category-specific immigration/labour advice |
1. What the August 2025 foreign-worker decree changed
Vietnam's government brought Decree 219/2025/ND-CP into force on 7 August 2025, replacing or adjusting previous rules on worker permits and exemptions. An agency checklist built entirely around an earlier decree may now be wrong.
The government's English explanation says the employer's application generally includes a Form No. 03 request explaining the need to hire the foreigner. The competent authority considers the employer's need and may issue the work permit as Form No. 04.
Time limit: A competent authority normally has 10 working days after receiving a complete valid dossier to decide. A refusal must be explained in writing under the decree's three-working-day refusal explanation provision. Vietnam's January 2026 government clarification specifically notes that this is a processing clock after a complete dossier. It is not a ten-day guaranteed period measured from the first draft upload or an absolute right to start after ten days.
The December changeover: what your employer must establish
An issued permit, a government-received application, and an internal company draft are three different states. Decree 393/2026 begins on 5 December, and its Article 35 addresses transitions. Its full signed wording has not been checked directly here, so this article does not tell an individual that an old permit automatically expires, automatically carries over or authorises a changed role. For an existing permit or submitted application, keep the actual approval/receipt and ask the responsible labour office to apply the signed transition provision to its exact dates. Do not work on a draft or a payment receipt.
Two decisions: If a company promises a 1 December start but still awaits an authenticated degree, ten working days cannot be counted from the first email to HR; delay work until the permit or official exemption is in place. If a permit extends into December but your role or employer changes, do not assume the new decree transfers the old authorisation; get the legally applicable procedure before changing duties.
2. Worker and employer: separate the paperwork
| Employee prepares when required | Employer handles or verifies |
|---|---|
| Passport and present immigration record; identity details matching forms | Legal employing entity, actual job/assignment, competent receiving provincial authority |
| Qualifications and real role/experience evidence for the specific category | Explains foreign labour need, selects permit or genuine exemption, prepares the statutory request |
| Relevant health certificate, police/criminal record, translated/legalised documents where required by the decree and authority | Checks format and validity of worker records, submits complete dossier and keeps acknowledgement |
| Family/civil records if applying for dependants | Coordinates worker's authorised start date, visa/residence permission and payroll |
The particular dossier changes with expert, manager, executive, technical worker or exempt categories. Do not collect every conceivable certificate at personal expense before the employer identifies the category and asks the competent authority to confirm the checklist.
Example: An employer promises a start on 1 December, but has only just requested the employee's legalised degree and background document. The 10-working-day service period has not necessarily started; the employer must build a complete dossier and obtain actual approval or confirmation before work begins.
3. Visa and residence cannot be inferred from the work permit
Vietnam's Immigration Department administers immigration permission, including the applicable entry and longer-stay categories. An e-Visa valid up to 90 days does not itself prove the right to undertake a Vietnamese company role; equally a worker's qualifying labour approval does not automatically put a fresh residence stamp in the passport.
Ask employer HR which visa entry classification, permit/exemption proof, temporary residence card (if appropriate), worksite and dates the worker will actually have. Do not assume a sponsored work permit is a multi-year indefinite residence or that family members automatically receive equal permissions.
4. What if the permit is refused, employment changes or the role expands?
Incomplete application: Get a specific written defect list; correct only the missing evidence, confirm the authority has accepted a complete dossier and update start planning.
Refused: Ask for the formal reason and whether any lawful reapplication or different category is available; a refusal does not become approval after ten working days.
Changed employer, job description or province: Ask whether a new permit, reissued permit, exemption or formal notification is required, and how existing temporary residence is affected. Do not use a prior company's authorisation as an unrestricted nationwide work licence.
Employment ends: Coordinate with both labour and immigration authorities about cancellation or new status, final wages and family residence. Do not guess a universal grace period merely because a card shows a future expiry date.
Before your first day: the four written confirmations
Ask HR to provide: the statute/category and responsible local authority, the accepted permit or exemption evidence, the separate actual immigration status/end date, and the first date and activities legally authorised. Record contract, approved duties and proof of filing in personal storage.
What this means for your first working day: A new employee can identify the employer's obligations, prepare only the right worker documents, interpret the real ten-day rule and avoid starting work on a tourist e-Visa or application receipt.
Publication gate: Draft only. Decree 219/2025 and January 2026 interpretation were reviewed through Vietnamese government sources. The official government legal register confirms Decree 393/2026 takes effect 5 December 2026, but its signed Article 35 transitional text was not directly fully read; the case table is a set of questions for the competent authority, not operative individual legal advice. Detailed exemptions, forms, category status and local agency practice remain case-specific verification required. No universal work permission based on expiry or an uploaded form.