A Vietnam work permit exemption allows eligible foreign workers to work legally in Vietnam without applying for a work permit. Under the Labor Code 2019 and Decree 152/2020/ND-CP, there are 20 specific exemption cases, including investors, intra-company transferees, short-term experts, foreign lawyers, and foreigners married to Vietnamese citizens. In most cases, employers must still apply for a work permit exemption certificate, while a few cases only require prior notification to the labor authority. Understanding the correct exemption category and procedure helps employers avoid penalties and ensure full legal compliance.
A work permit is the legal document issued by competent Vietnamese authorities that allows a foreign national to work lawfully in Vietnam for an employer.
When someone falls under a statutory exemption, they may work without a work permit, but in most cases the employer still needs a work permit exemption certificate (official confirmation).
Tan Van Lang provides reliable work permit consultation services for foreigners in Vietnam.
A work permit exemption means the foreign worker can work in Vietnam without applying for a work permit, because they fall into one of the exemption categories provided by law (currently 20 cases guided by Decree 152/2020).
Important: “Exempt from work permit” does not automatically mean “no paperwork.” Many exemptions still require the employer to request a certification of exemption from work permit (often called the work permit exemption certificate).
20 cases eligible for Vietnam work permit exemption
Below are the 20 common legal cases used in practice under Article 154 of the Labor Code 2019 and Article 7 of Decree 152/2020/ND-CP.
Investors and corporate roles (capital threshold applies)
Owner or capital-contributing member of a limited liability company (LLC) with capital contribution of VND 3 billion+.
Chairperson or member of the Board of Directors of a joint-stock company with capital contribution of VND 3 billion+.
Intra-company transferees and special service commitments
Intra-company transferee within an enterprise operating in Vietnam in one of 11 service sectors committed by Vietnam under WTO-related service commitments (e.g., business, information, construction, distribution, education, environment, finance, health, tourism, culture/entertainment, transport).
ODA, diplomacy, media, international schools, volunteers
Foreign expert/technical consultant performing tasks to support ODA-funded programs/projects (research, development, appraisal, monitoring, evaluation, management, implementation).
Foreigners granted a permit to operate in information/press activities in Vietnam by the Ministry of Foreign Affairs.
Foreign experts sent to Vietnam to teach/research at international schools managed by diplomatic missions/UN, or institutions established under treaties Vietnam has signed/joined.
Volunteers (unpaid) implementing international agreements, with confirmation issued by diplomatic missions/international organizations.
Short-term assignments and international agreements
Managers/executives/experts/technical workers working in Vietnam for up to 30 days per entry/assignment and no more than 3 times per year.
Entering Vietnam to implement an international agreement signed by central/provincial-level agencies/organizations.
Students/interns, relatives, official passports
Students studying abroad who come to Vietnam for internships under approved agreements; also trainees/interns on Vietnamese seagoing ships.
Relatives of members of foreign representative missions in Vietnam.
Holders of official passports working for Vietnamese state agencies or socio-political organizations.
Commercial presence and education confirmation
Persons responsible for establishing a commercial presence.
Foreigners certified by the Ministry of Education and Training to enter Vietnam for teaching/research.
Heads of representative offices/projects or the person primarily responsible for operations of international organizations/foreign NGOs in Vietnam.
Entering Vietnam for up to 3 months to conduct marketing/sales activities (e.g., offering goods/services).
Entering Vietnam for up to 3 months to resolve urgent, complex technical/technological incidents that Vietnamese experts cannot handle.
Licensed professions, treaties, family status
Foreign lawyers holding a valid license to practice law in Vietnam.
Exemptions under international treaties to which Vietnam is a party.
Foreigners married to Vietnamese citizens and living in Vietnam.
Tip from practice: Most “wrong decisions” happen when companies pick the right exemption case but miss the required confirmation/notification step under Decree 152/2020 [1] .
Work permit exemption certificate vs. notification only
When you must apply for a work permit exemption certificate
In general, the employer must request certification of exemption from work permit from MOLISA or the relevant provincial DOLISAat least 10 days before the employee starts work.
When notification is enough (no certificate procedure)
Decree 152/2020 also lists specific cases where no certificate procedure is required, but the employer must notify/report to MOLISA/DOLISA at least 3 days before the foreigner starts working, including details like full name, age, nationality, passport number, employer name, and start/end dates.
In other words: “No certificate” still means “you must notify on time.”
How to apply for a Vietnam work permit exemption certificate
Step 1: Prepare the dossier
A standard dossier for work permit exemption certification typically includes:
Written request using Form No. 09/PLI (Appendix I, Decree 152/2020).
Health certificate (per the Decree’s requirements).
Document approving demand for foreign labor (unless exempt from demand approval).
Certified copy of valid passport.
Supporting documents proving the exemption case (investment papers, appointment letters, marriage certificate, lawyer license, treaty-based documents, etc.).
Document rules: Several documents can be originals or certified copies; foreign-issued documents generally require consular legalization and Vietnamese translation/certification unless exempt under treaties/reciprocity.
Step 2: Submit on time
The employer submits to MOLISA or the provincial DOLISA where the foreigner is expected to work, at least 10 days before the start date.
Step 3: Receive the result (processing time & validity)
Processing time: Within 5 working days after receiving a complete dossier, the authority issues the exemption certification (or a written refusal with reasons).
Validity: The exemption certificate validity must not exceed 2 years.
Save time and avoid risks with professional guidance from Tan Van Lang.
The competent authorities to certify work permit exemption include the Ministry of Labor, Invalids and Social Affairs (MOLISA) and provincial Departments of Labor, Invalids and Social Affairs (DOLISA).
What happens if you employ a foreigner without a work permit or exemption certificate?
Vietnam imposes administrative penalties for working without a work permit or without a work permit exemption certificate, and may apply additional measures depending on the case.
In practice, penalties often depend on the violation type and scale, and organizations typically face higher fines than individuals.
Can a foreigner married to a Vietnamese citizen be exempt from a work permit?
Yes, marriage to a Vietnamese citizen and residing in Vietnam is a recognized exemption case.
Do foreign NGO experts qualify for exemption?
They may qualify if they fall under one of the legal exemption categories (for example, heads of representative offices/projects or the person primarily responsible for NGO activities, depending on the structure and documentation).
Do foreigners working in industrial zones/export processing zones automatically get exemption?
No. Location alone does not grant exemption. They must still fall into one of the legal exemption cases.
Work permit exemption cases look simple on paper, but approvals often fail due to wrong exemption classification, missing demand-approval steps, or incorrect legalization/translation.
If you want Tan Van Lang to review eligibility, prepare the dossier, and handle the submission for a work permit exemption certificate, contact our team via hotline 08.666.000.63 (WhatsApp) for fast support.
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