Confirmation of Work Permit Exemption: Exceptional Cases and Extension Procedures 

In the process of managing and employing foreign employees in Vietnam, in addition to determining whether a foreign employee falls under a work permit exemption, enterprises must pay particular attention to the obligation to carry out the work permit exemption confirmation procedure and the extension procedure upon expiry of the confirmation. In practice, many enterprises correctly identify the exemption grounds but fail to fully understand the exceptional cases where the confirmation procedure is not required, as well as the applicable time limits and conditions for extension, thereby facing potential risks of labor law violations. 

Following our previous article on cases eligible for work permit exemption, this article focuses on analyzing (i) exceptional cases not required to undergo the work permit exemption confirmation procedure, (ii) the validity period of the Confirmation of Work Permit Exemption, and (iii) the procedures for extending such confirmation, with the aim of assisting enterprises in applying the regulations consistently and mitigating compliance risks in practice. 

I. Exceptional Cases Where Foreign Employees Are Not Required to Carry Out the Work Permit Exemption Confirmation Procedure 

Under Vietnamese law, foreign employees who are eligible for work permit exemption are, in principle, still required to carry out the work permit exemption confirmation procedure. However, pursuant to Clause 4 Article 9 of Decree No. 219/2025/ND-CP, certain exceptional cases are not required to undergo the confirmation procedure, including: 

  1. Entry into Vietnam for a period of less than three (03) months to conduct service sales activities 
  2. Entry into Vietnam for a period of less than three (03) months to handle technical or technological incidents or complex situations that arise and affect or risk affecting production or business operations, which cannot be handled by Vietnamese experts or foreign experts currently in Vietnam; 
  3. Foreign lawyers who have been granted a license to practice law in Vietnam in accordance with the Law on Lawyers; 
  4. Foreigners married to Vietnamese citizens and residing in the territory of Vietnam;
  5. Owners or capital-contributing members of limited liability companies with a capital contribution value of VND 3 billion or more; 
  6. Chairpersons or members of the Board of Directors of joint stock companies with a capital contribution value of VND 3 billion or more;
  7. Foreign journalists engaging in press activities who have been certified by the Ministry of Foreign Affairs; 
  8. Relatives of members of foreign diplomatic missions in Vietnam who are permitted to work in Vietnam in accordance with international treaties to which the Socialist Republic of Vietnam is a party;
  9. Persons responsible for establishing a commercial presence 
  10. Foreign employees who are managers, executive directors, experts, or technical workers falling into of the cases Working in Vietnam for a total duration of less than ninety (90) days within one (01) year, calculated from 1 January to the last day of the year; 

Note: 
For the above cases, enterprises are still required to notify the competent authority issuing the Confirmation of Work Permit Exemption in the locality where the foreign employee is expected to work at least three (03) working days prior to the commencement date of employment in Vietnam.  

The notification must include the following basic information: full name, date of birth, nationality, passport number, name of the foreign employer, workplace, and duration of employment.  

II. Validity Period of the Confirmation of Work Permit Exemption1 

The validity period of a Confirmation of Work Permit Exemption is determined based on the duration applicable to each specific case, but must not exceed two (02) years, and shall correspond to one of the following periods: 

  1. The term of the labor contract expected to be executed; 
  2. The duration stated in the document issued by the foreign party assigning the foreign employee to work in Vietnam;
  3. The term of the contract or agreement entered into between Vietnamese and foreign partners, or between Vietnamese partners; 
  4. The term of the service provision contract or agreement entered into between Vietnamese and foreign partners; 
  5. The duration stated in the document of the service provider assigning the foreign employee to Vietnam for service negotiation purposes; 
  6. The duration specified in the business license or establishment/operation license of the relevant agency, organization, or enterprise; 
  7. The duration stated in the document of the service provider assigning the foreign employee to Vietnam to establish a commercial presence;
  8. The duration stated in the document evidencing the foreign employee’s participation in the operation of a foreign enterprise that has established a commercial presence in Vietnam; 
  9. The duration stated in the document of the foreign party assigning the foreign employee pursuant to an agreement or international treaty to which the Socialist Republic of Vietnam is a party;
  10. The duration stated in the document of the foreign party assigning the foreign employee pursuant to an international agreement entered into by central-level or provincial-level agencies or organizations. 

Note: For the cases specified in Clauses 14 and 15 Article 7 of Decree No. 219/2025/ND-CP, the validity period of the Confirmation shall be the period certified by the relevant ministries, ministerial-level agencies, or provincial People’s Committees, but shall not exceed two (02) years.  

III. Procedures for Extending the Confirmation of Work Permit Exemption2 

Under Vietnamese law, employers are responsible for carrying out the procedure to extend the Confirmation of Work Permit Exemption when such confirmation is approaching its expiry. The procedures are prescribed as follows:  

  1. At least ten (10) days but no more than forty-five (45) days prior to the expiry date of the Confirmation, the employer shall submit an application dossier for extension: (i) Directly; or (ii) Via public postal services; or (iii) Through authorized service providers or by authorization, to the Public Administration Service Center of the locality where the foreign employee is expected to work.
  2. The Public Administration Service Center shall forward the dossier to the competent authority for extension in accordance with regulations on administrative procedures under the one-stop-shop and inter-agency mechanism and via the National Public Service Portal. 
  3. Within five (05) working days from receipt of a complete and valid dossier, the competent authority shall extend the Confirmation of Work Permit Exemption for the foreign employee. 

In case the extension is not granted, the competent authority must issue a written response clearly stating the reasons.  

IV. Dossier for Extension of the Confirmation of Work Permit Exemption3 

The application dossier for extension of the Confirmation of Work Permit Exemption includes the following documents:  

1. A written request from the employer for extension of the Confirmation of Work Permit Exemption using Form No. 01 promulgated together with Decree No. 219/2025/ND-CP;

2. A health certificate issued by a qualified medical examination and treatment establishment, except where health examination results have been connected and shared via the Medical Examination and Treatment Management Information System or the national health database. A health certificate issued by a competent foreign medical authority may be used if Vietnam and the issuing country or territory have a treaty or mutual recognition agreement, and its validity period does not exceed 12 months from the date of issuance; 

3. The valid Confirmation of Work Permit Exemption that has been issued; 

4. A valid passport; 

5. Documents evidencing that the foreign employee is not subject to a work permit requirement, including: 

  1. One of the documents specified at Points a and b Clause 5 Article 8 of Decree No. 219/2025/ND-CP; or
  2. Documents evidencing that the foreign employee is a manager, executive director, expert, or technical worker in accordance with Article 19 of Decree No. 219/2025/ND-CP, together with a document issued by the foreign employer assigning the employee to work on a fixed-term basis at its commercial presence in Vietnam, applicable to intra-corporate transferees under Point b Clause 13 Article 7 of Decree No. 219/2025/ND-CP.

Properly identifying exceptional cases exempt from the confirmation procedure, monitoring the validity period of the Confirmation, and timely and correctly carrying out the extension procedure are of critical importance in ensuring compliance with Vietnamese labor laws. In practice, delayed extensions or incorrect application of exceptions may result in administrative penalties and directly affect enterprises’ plans for employing foreign employees. 

Accordingly, employers should closely monitor the validity period of the Confirmation, comprehensively review the applicable legal grounds, and strictly comply with the prescribed procedures. Engaging specialized legal advisory services may also be advisable to mitigate risks and ensure compliance throughout the implementation process. 

(1) Articles 10 and 21 of Decree 219/2025/ND-CP

(2) Article 16 of Decree 219/2025/ND-CP 

(3) Article 15 of Decree 219/2025/ND-CP

Ngày viết bài: 20/12/2025

Bài viết liên quan

  1. Procedures for Obtaining a Confirmation of Work Permit Exemption
  2. Process Of Requesting Confirmation Of The Work Permit Exemption
  3. Vietnamese Regulations on Foreign employment: Forms of work and work permit exemptions

Disclaimers:

This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.

For issues related to the content or intellectual property rights of the article, please email cs@apolatlegal.vn.

Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to Employment and contact our team of lawyers in Vietnam via email info@apolatlegal.com.



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