According to Decree No. 219/2025/NĐ-CP updated for 2026, regulations on managing foreign labor in Vietnam have been clearly differentiated to enhance post-inspection activities. One of the most confusing points for HR departments and FDI business owners is determining which cases only require a simple report and which require a thick application application file with fully consularized documents.
Confusing these two forms not only delays the expert’s progress but also exposes the enterprise to administrative fines ranging from 30,000,000 VND to 75,000,000 VND for using labor against regulations.
Form 1: Implementation of “Exemption Report” only
This is a form where the State minimizes administrative procedures to support specific groups. “Exemption” here means the enterprise takes full responsibility for the accuracy of the documents and only needs to notify the management authority.
Applicable Subjects (2026 Update):
- Foreigners married to Vietnamese citizens: And residing in Vietnam. This is the highest priority group.
- Owners or capital contributors: Of a Limited Liability Company (LLC) with a capital contribution value of 3 billion VND or more.
- Chairpersons or members of the Board of Directors: Of a Joint Stock Company (JSC) with a capital contribution value of 3 billion VND or more.
- Foreign lawyers: Who have been licensed by the Ministry of Justice to practice law in Vietnam.
Process and Deadline:
Enterprises do not need to submit a application file to the Department of Labor to wait for approval. Instead, you only need to send a notification (according to the prescribed form) to the local Department of Labor, Invalids, and Social Affairs at least 3 days before the employee starts working. Reported information includes: Full name, nationality, passport number, job position, and duration of work.
Form 2: Application for “Exemption Confirmation”
In this form, although exempted from a Work Permit (WP), the enterprise must prove the eligibility for exemption to the state authority and receive an official document titled: “Confirmation of foreign worker not subject to a work permit.”
Applicable Subjects (2026 Update):
- Intra-corporate transferees: Within 11 service sectors under WTO commitments. The employee must have worked for the parent company abroad for at least 12 consecutive months.
- Experts and managers working short-term: Entering Vietnam to handle emergencies or provide consultancy for under 30 days per entry (total not exceeding 90 days/year).
- Volunteers: Working for non-governmental organizations or international organizations with a license.
- Relatives of members of foreign representative missions: Permitted to work under international treaties to which Vietnam is a member.
Process and Application file:
- Application file: Includes an application form (Form No. 09), a copy of the passport, and documents proving the exemption eligibility (Must be Consularly Legalized, translated, and notarized).
- Deadline: The application file must be submitted at least 10 working days before the expected start date.
- Result: Within 5 working days after receiving a complete application file, the Department of Labor will issue the Confirmation. This document is usually valid for 2 years and is a prerequisite for a Temporary Residence Card (TRC).
Detailed Comparison Table
Why must enterprises correctly distinguish these two forms?
Confusion leads to two risky scenarios:
- Redundant procedures: For subjects only requiring a report (e.g., large investors), if HR still applies for confirmation, it causes unnecessary consularization costs and wastes 15-20 days of waiting.
- Insufficient procedures: This is the most dangerous case. If a subject requires a Confirmation (e.g., intra-corporate transfer) but the enterprise only submits a report, during a labor inspection, the worker will be considered as having no valid permit, leading to deportation and fines of tens of millions of VND.
Full-package Work Permit Services at Wacontre
With over 10 years of experience supporting Japanese and FDI enterprises in Vietnam, we provide:
- Consultancy: Correctly identifying whether your personnel falls under the Report or Confirmation category.
- Handling difficult cases: Supporting fast consular legalization and explaining specialized job positions.
- Legal representation: Working directly with the Department of Labor and Industrial Zone Management Boards.
- Post-service support: Applying for TRC, Visa extension, and periodic labor usage reports.
For any inquiries, contact Wacontre Accounting Services via Hotline: (028) 3820 1213 or email [email protected] for prompt assistance. With a team of experienced professionals, Wacontre is committed to providing dedicated and efficient service. (For Japanese clients, please contact Hotline: (050) 5534 5505).
