Procedures for Obtaining a Confirmation of Work Permit Exemption

In the course of employing foreign employees in Vietnam, many enterprises tend to focus primarily on determining whether a foreign employee falls under a work permit exemption, while paying insufficient attention to the statutory obligation to carry out the work permit exemption confirmation procedure. In practice, being eligible for a work permit exemption does not automatically relieve enterprises from all related administrative formalities. 

Following our previous article on cases eligible for work permit exemption, this article analyzes the procedures for obtaining a Confirmation of Work Permit Exemption, the required documentation, and relevant compliance considerations, with the aim of assisting enterprises in mitigating legal risks when employing foreign employees in Vietnam. 

I. Procedures for Obtaining a Confirmation of Work Permit Exemption¹ 

Under Vietnamese law, employers are responsible for carrying out the procedure to obtain a confirmation that a foreign employee is not subject to a work permit requirement, where such employee falls under a work permit exemption. The procedures are prescribed as follows:  

1. Within 60 days and no later than 10 days prior to the expected commencement date of employment in Vietnam, the employer shall submit an application dossier for the issuance of a Confirmation of Work Permit Exemption: (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, in accordance with the regulations on administrative procedures under the one-stop-shop and inter-agency mechanism and via the National Public Service Portal, shall forward the dossier to the competent authority for issuance of the Confirmation of Work Permit Exemption.  
3. Within 05 working days from receipt of a complete and valid dossier, the competent authority shall issue the Confirmation of Work Permit Exemption in accordance with Form No. 02 promulgated together with Decree No. 219/2025/ND-CP.  
4. In case the Confirmation is not granted, the competent authority must issue a written response clearly stating the reasons within 03 working days from the date of receipt of the complete dossier. 

Note:

• Where a foreign employee who has been granted a Confirmation of Work Permit Exemption intends to work for the same employer in multiple provinces or centrally governed cities, the employer must notify the competent authority of the locality where the employee is expected to work at least 03 days prior to the expected working date.  

• The notification must include the following basic information: full name, date of birth, nationality, passport number, Confirmation of Work Permit Exemption number, name of the employer, and the start and end dates of employment. The working duration must not exceed the validity period of the issued Confirmation.  

II. Dossier for Work Permit Exemption Confirmation² 

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

1. Application for issuance of a Confirmation of Work Permit Exemption using Form No. 01 promulgated together with Decree No. 219/2025/ND-CP.  

2. 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 accepted only 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. 02 color photos (4 cm x 6 cm), white background, full-face, bareheaded, no glasses.   

4. Valid passport

5. Documents evidencing that the foreign employee is not subject to a work permit, depending on the specific case, including one of the following:   

5.1. Documents issued by competent authorities, applicable to the following cases:   

a. Being the Head of a Representative Office, project manager, or the person primarily responsible for the operation of an international organization or foreign non-governmental organization in Vietnam (Clause 3 Article 154 of the 2019 Labor Code); or

b. Falling under one of the cases specified in Clauses 9, 14, and 15 Article 7 of Decree No. 219/2025/ND-CP, including:  

i. Holding a diplomatic or official passport and working for a state authority, political organization, or socio-political organization;

ii. Being certified by the Ministry of Education and Training to enter Vietnam to: 

• Teach, conduct research, or transfer international education programs; or 

• Serve as a manager, executive director, principal, or vice principal of an educational institution proposed for establishment in Vietnam by a foreign diplomatic mission or intergovernmental organization;  

iii. Being certified by ministries, ministerial-level agencies, or provincial People’s Committees to work in the fields of finance, science, technology, innovation, national digital transformation, or other priority socio-economic development sectors. 

5.2. Documents issued by the foreign employer, together with relevant agreements or international treaties to which the Socialist Republic of Vietnam is a party, applicable to cases specified in Clause 7 Article 154 of the 2019 Labor Code or Clauses 4, 6, 7, 11, and 12 Article 7 of Decree No. 219/2025/ND-CP, including:  

a. Entering Vietnam to provide professional and technical consulting services or perform other tasks serving the research, development, appraisal, monitoring, evaluation, management and implementation of programs and projects using official development assistance (ODA) sources as stipulated or agreed upon in international treaties on ODA sources signed between competent authorities of Vietnam and foreign countries;  

b. Being assigned by a competent foreign authority or organization to Vietnam to teach or serve as a manager or executive director at educational institutions established or proposed by foreign diplomatic missions or intergovernmental organizations, or institutions established under international treaties to which Vietnam is a party; 

c. Foreign pupils, students, or trainees studying at educational institutions in Vietnam or abroad with internship agreements or employment invitation letters from Vietnamese employers; maritime trainees or interns on Vietnamese vessels; 

d. Volunteers working in Vietnam on an unpaid basis to implement international treaties to which Vietnam is a party, with certification from a foreign diplomatic mission or international organization in Vietnam. 

5.3. Documents proving 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 letter from the foreign employer assigning the employee to work on a fixed-term basis at its commercial presence in Vietnam; and Confirmation that the employee has been employed by the foreign employer for at least 12 consecutive months immediately prior to working in Vietnam, applicable to intra-corporate transferees under Point b Clause 13 Article 7 of Decree No. 219/2025/ND-CP. 

Note:

The documents evidencing the status of manager, executive director, expert, or technical worker include:  

1. Manager

1. Company charter and documents evidencing managerial status, or appointment/assignment decisions for managerial positions as defined in Clause 24 Article 4 of the Law on Enterprises 2020; or  
2. Establishment licenses or appointment/assignment decisions for heads or deputy heads of agencies or organizations.  

2. Executive Director

1. Certificates of operation registration for branches, representative offices, or business locations; and  
2. Company charter or organizational structure documents; confirmation from the foreign employer regarding years of experience relevant to the intended position in Vietnam. 

In cases where a foreign employee has previously worked in Vietnam, the issued work permit or the confirmation of eligibility for work permit exemption may be used as a substitute for documents evidencing the number of years of working experience in the field relevant to the position that the foreign employee is expected to undertake in Vietnam. 

3. Expert

1. Degrees, diplomas, certificates, or other documents evidencing graduation from a university or higher, or equivalent qualifications, together with a written confirmation from the foreign employer specifying the number of years of working experience of such expert.  
2. Where the foreign employee has previously worked in Vietnam, the issued work permit or confirmation of eligibility for work permit exemption may be used as a substitute for documents evidencing the number of years of working experience in the field relevant to the position that the foreign employee is expected to undertake in Vietnam. 
3. Degrees, diplomas, certificates, or other documents evidencing graduation from a university or higher, or equivalent qualifications in the fields of finance, science, technology, innovation, national digital transformation, priority sectors for socio-economic development, or pursuant to cooperation agreements of the Government of Vietnam, together with a written confirmation from the foreign employer specifying the number of years of working experience of such expert.  
4. Where the foreign employee has previously worked in Vietnam, the issued work permit or confirmation of eligibility for work permit exemption may be used as a substitute for documents evidencing working experience in the field relevant to the position that the foreign employee is expected to undertake in Vietnam. 
5. Certificates of outstanding achievements, academic qualifications, or experience in the fields of culture and sports applicable to artists, coaches, and athletes, in accordance with the guidance of the Minister of Culture, Sports and Tourism. 
6. Pilot licenses, professional certificates authorizing work on aircraft for flight attendants; certificates of professional qualifications in aircraft maintenance; or certificates of professional competence for foreign seafarers issued by competent Vietnamese authorities. Where such documents are issued by competent foreign authorities, they must be recognized by competent Vietnamese authorities in accordance with the guidance of the Minister of Construction. 
7. Documents evidencing professional qualifications or standard qualifications in accordance with the Law on Education, the Law on Higher Education, and the Law on Vocational Education, applicable to experts working in the field of education and training. In cases where experts work at foreign language or information technology centers, they must comply with the regulations on organization and operation of such centers.  
8. Documents evidencing that the expert is engaged in certain other specialized professions or occupations, in accordance with the guidance of the Minister or the Head of the ministerial-level authority managing the relevant sector or specialized occupation.  

4. Technical Worker

a. Degrees, diplomas, certificates, or documents evidencing at least one (01) year of formal training, together with a written confirmation from the foreign employer specifying the number of years of working experience of such technical worker.  

Where the foreign employee has previously worked in Vietnam, the issued work permit or confirmation of eligibility for work permit exemption may be used as a substitute for documents evidencing working experience in the field relevant to the position that the foreign employee is expected to undertake in Vietnam. 

b. Written confirmation from the foreign employer specifying the number of years of working experience of such technical worker. 

Where the foreign employee has previously worked in Vietnam, the issued work permit or confirmation of eligibility for work permit exemption may be used as a substitute for documents evidencing working experience in the field relevant to the position that the foreign employee is expected to undertake in Vietnam. 

Accurately determining cases eligible for work permit exemption and properly fulfilling the obligation to obtain a Confirmation of Work Permit Exemption is of critical importance in ensuring compliance with Vietnamese labor laws. In practice, procedural errors may expose enterprises to administrative penalties and adversely affect their employment of foreign employees. 

Accordingly, employers should carefully review their legal documentation, accurately identify the applicable exemption grounds, and strictly comply with the prescribed procedures and timelines. Engaging specialized legal advisory services may also be advisable to mitigate risks and ensure compliance throughout the implementation process.  

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^{(1) Article 9 of Decree 219/2025/ND-CP}

^{(2) Article 8 of Decree 219/2025/ND-CP} 

Related posts

1. 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.

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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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