Work Permit Exemption Application in 2026: Detailed Guide

Along with the strong development of an open economy, Vietnam is attracting a large number of high-quality international human resources. According to general regulations, a work permit is a mandatory “pass” for foreigners to work legally here. However, to facilitate the attraction of investment and talent, the Government has issued relaxed policies for certain exceptional cases. Correctly determining whether one falls into the exemption category will help individuals and businesses save a lot of time and money. Let’s explore the details in the article below!

1. What is Work Permit Exemption and Legal Overview?

1.1. What is the concept of work permit exemption?

“Work permit exemption” is a legal term referring to cases where workers holding foreign nationality work in Vietnam but are not required to apply for a work permit. Instead, this group only needs to carry out the procedure to apply for a “Certificate of Exemption from Work Permit” from the competent state agency. This is a preferential mechanism of the Government to simplify administrative procedures for major investors, specialized experts, or those performing international missions.

1.2. The importance of a work permit for foreigners

Generally, a work permit is the highest legal basis proving that a foreigner is legally residing and working in the territory of Vietnam. With this permit (or an exemption certificate), workers can sign official labor contracts, participate in social insurance, health insurance, open a bank account to receive salary, and especially apply for a Temporary Residence Card (TRC) valid for up to 2 years. Working “under the table” without a permit leads to the risk of deportation.

1.3. Legal Basis: Labor Code 2019 and Decree 152, Decree 70

The legal system governing this issue is currently based on the Labor Code 2019 (Article 154). The detailed guidance for this Code is Decree 152/2020/ND-CP. Notably, since late 2023, the Government has issued the additional Decree 70/2023/ND-CP amending and supplementing a number of articles of Decree 152, bringing many relaxations and important changes regarding the management of foreign labor that businesses must update promptly to strictly comply with the law.

1.4. The difference between new issuance and exemption confirmation

Many people mistakenly believe that “exemption” means no action is required. In fact, you still have to go through administrative procedures. The biggest difference lies in the application file components and legal nature. Applying for a new permit requires many complex documents such as criminal records, degree certificates, work experience… Meanwhile, the procedure for requesting an exemption confirmation focuses on providing “evidence” proving that you belong to the priority group (e.g., Business License showing the name of the capital contributing member, Marriage Certificate…).

1.5. Maximum validity period of the exemption certificate

According to current legal regulations, the duration of the Certificate of Exemption from Work Permit is issued according to the actual working time stated in contracts or business trip dispatch documents, but not exceeding 02 years. After this 02-year period expires, if the foreign worker continues to work in Vietnam under the exemption category, the sponsoring enterprise must carry out procedures to apply for a new confirmation certificate before the old one expires.

2. Summary of Mandatory Work Permit Exemption Conditions

2.1. Requirements for health and a clear criminal record

Even though prioritized, workers must still meet the most basic physical and background conditions for work permit exemption. Specifically, foreigners must have adequate health according to the standards of the Ministry of Health to assume the job position. More importantly, they must not be individuals currently serving a sentence, have an unspent criminal conviction, or be facing criminal prosecution under foreign or Vietnamese law. This is the minimum security barrier.

2.2. Conditions regarding professional capacity and work experience

Depending on the specific exemption case, the state still has certain professional requirements. For example, if you enter as an “expert” to handle complex technical incidents, your application file must clearly show that you have high qualifications and skills that domestic experts cannot yet meet. Proof documents such as university degrees or certificates of at least 3-5 years of experience from foreign companies may still be required for appraisal.

2.3. Mandatory written approval for the demand to use foreign workers

This is one of the most important work permit exemption conditions that many businesses overlook. Before submitting the exemption application, the enterprise must perform the step of Reporting and explaining the demand for foreign labor to the state agency and must receive a Written Approval. Only a few cases (such as Board Members, Company Owners, or those married to Vietnamese citizens) are exempted from this explanation procedure under the new regulations of Decree 70/2023/ND-CP.

2.4. Work permit exemption conditions for internal corporate transferees

Internal corporate transfer within Vietnam’s 11 committed service sectors with the WTO is a very common case. However, the conditions are very strict: The worker must have been recruited by the foreign parent company (which already has a commercial presence in Vietnam) for at least 12 consecutive months previously. The positions allowed for internal transfer are limited to managers, executives, experts, and technical workers. There must be a clear appointment letter from the parent company.

2.5. Responsibility and legality of the sponsoring enterprise in Vietnam

Enterprises and organizations in Vietnam act as sponsors taking full responsibility for the activities of foreign workers. The prerequisite is that the enterprise must be operating legally, not owe taxes, and not have its enterprise code suspended. The working location of the foreigner must match the registered headquarters or branch of the company. Any act of fake sponsorship to obtain an exemption certificate will be heavily penalized.

3. Detailed Subjects Exempt from Work Permits under the New Law

3.1. Group working at enterprises (Capital Contributors, Board of Directors)

Under the new Law, subjects exempt from work permits working at enterprises include:

• Owners or capital contributing members of a Limited Liability Company with a capital contribution value of 3 billion VND or more (New amended regulation).
• Chairperson or members of the Board of Directors of a Joint Stock Company with a capital contribution value of 3 billion VND or more.
• Foreigners entering Vietnam for under 03 months to offer services.
• Entering Vietnam to work as an expert, manager, executive, or technical worker for under 30 days/time and cumulative not exceeding 90 days/1 year.

3.2. Experts handling urgent technical incidents and transferees in 11 sectors

During factory operations, if a complex technological/technical incident occurs affecting production that domestic experts cannot resolve, foreigners sent over to handle it for under 03 months will fall into the list of subjects exempt from work permits. Besides that are intra-corporate transferees within 11 service sectors: business, communication, construction, distribution, education, environment, finance, health, tourism, cultural/entertainment, and transport (must meet the 12-month prior recruitment condition).

3.3. Government agencies, Non-Governmental Organizations (NGOs), and Lawyers

This group has diplomatic and state management characteristics:

• Heads of representative offices, projects of international organizations, NGOs in Vietnam.
• Foreign lawyers who have been issued a license to practice law in Vietnam by the Ministry of Justice.
• Individuals entering to provide technical consulting services serving ODA projects.
• Persons licensed by the Ministry of Foreign Affairs for press activities.
• Holding official passports to work for State agencies, political-social organizations.
• Relatives of members of foreign representative agencies in Vietnam.

3.4. Subjects exempt from work permits in education and research

Education is a specially prioritized field. Subjects exempt from work permits include:

• Foreign pupils and students studying and working in Vietnam (with an internship agreement at an enterprise).
• Persons sent by foreign agencies/organizations to Vietnam to teach and research at international schools managed by foreign diplomatic missions.
• Persons certified by the Ministry of Education and Training to teach and research at public and private educational and training institutions in Vietnam.

3.5. Special regulations for foreigners married to Vietnamese citizens

An extremely humane and practical addition to the Labor Code 2019 is: Foreigners married to Vietnamese citizens and living in the territory of Vietnam officially belong to the group of subjects exempt from work permits. These individuals do not need to apply for approval of the demand to use labor. The confirmation application application file only needs to present the Marriage Registration Certificate (if issued abroad, it needs consular legalization) accompanied by the passport and identification documents of the Vietnamese spouse.

4. The Most Accurate Work Permit Exemption Process and Procedures

4.1. Step 1: Explain the demand to use foreign workers

Except for a few cases exempt from this step (like capital contribution >3 billion, married to a VN citizen, entering VN <30 days…), the enterprise must prepare a Report explaining the demand to use foreign workers. The application file (Form 01/PLI or 02/PLI) is submitted online via the Public Service Portal or directly at the provincial/city Department of Labor, Invalids and Social Affairs (DOLISA) at least 15 days before the expected date of utilizing labor. After about 10 working days, the Department will return the result, which is the Written Approval allowing the use of foreign labor.

4.2. Step 2: Prepare the work permit exemption procedure application file (Form 09/PLI)

After obtaining the Written Approval, the enterprise begins preparing the official application file for the work permit exemption procedure. The application file includes:

• Application requesting confirmation of exemption from WP issuance (Form 09/PLI).
• Health check certificate (within 12 months).
• Certified true copy of valid Passport.
• Written approval of labor demand (original or certified copy).
• Specific documents proving the exemption category (Business License, Marriage Certificate, Labor Contract, Internal Transfer Appointment Decision…).

4.3. Step 3: Consular legalization and notarized translation of documents

This is the technical step most prone to errors in the work permit exemption procedure. All documents issued by competent foreign authorities (such as university degrees, appointment decisions from the parent company abroad, international marriage certificates) are INVALID for use in Vietnam unless they are Consularly Legalized. After legalization, the documents must be translated into Vietnamese and notarized at state Justice Departments or licensed notary offices.

4.4. Step 4: Submit the application file directly to the Ministry or DOLISA

The employer (enterprise) must submit the complete application file at least 10 working days before the date the foreigner starts working. The submission place is the Ministry of Labor, Invalids and Social Affairs (for some cases managed by the Ministry) or the DOLISA where the foreigner intends to work. If the application file is complete and valid, the receiving officer will issue a receipt stating the result return date. If the application file is deficient, the officer will issue a written notice requesting amendment or supplementation.

4.5. Step 5: Receive results and perform periodic reporting

By law, the processing time for the work permit exemption procedure is 05 working days from the date of receiving a complete and valid application file. DOLISA will issue the “Certificate of Exemption from Work Permit.” In case of refusal, the Department will issue a written response clearly stating the reason. Note, after obtaining the confirmation certificate, the enterprise must still perform the obligation of periodically reporting the situation of foreign labor usage annually (or unexpectedly) to DOLISA to serve inspection and examination work.

5. Reputable Work Permit Exemption Confirmation Support Services

5.1. Difficulties and risks when self-implementing administrative procedures

Although “exempt,” administrative procedures in Vietnam still require absolute accuracy in wording and forms. Enterprises doing it themselves often get stuck at the stage of explaining recruitment reasons, preparing wrong proof documents, or having foreign application documents not standardized for legalization. Having application documents continuously returned not only exhausts the HR department but also delays the experts’ work progress, even putting workers in an illegal residence situation due to visa expiration.

5.2. Time optimization solution with professional services

To thoroughly resolve the above hassles, turning to professional legal and accounting consulting service providers is a worthy investment. Instead of spending weeks struggling to understand the law, our team of specialists will represent the enterprise to handle all processes in the work permit exemption procedure from A to Z. The enterprise only needs to provide basic original documents; the entire process of drafting forms, translation, notarization, and working directly with state agencies will be fully covered by us.

5.3. Support for application file review and in-depth legal consulting

Not just “errand runners,” our services bring added value through in-depth legal consulting. We will appraise the foreigner’s application file to determine exactly if they fully meet the work permit exemption conditions. If deficient, we will guide options to provide valid alternative documents. Concurrently, we provide parallel advice on procedures for Labor Visas, Temporary Residence Cards, and Personal Income Tax (PIT) obligations for foreigners.

5.4. Commitment to high success rate, handing over results on time

With many years of experience working directly with DOLISA and thoroughly understanding changes in Decrees (especially the latest Decree 70/2023), we clearly grasp the appraisal process of the authorities. From there, we build standard application documents, rationalize difficult explanations, and commit to achieving the highest success rate. Fast processing, handing over the Exemption Certificate on time as committed, helping businesses operate with peace of mind.

5.5. Contact for free consultation on issues related to foreign labor

Using foreign labor is closely related to a series of laws regarding immigration, labor, and taxes. Are you wondering if your boss is exempt from a work permit? What does an internal transfer application file require? Do not hesitate; contact our Service Company immediately via Hotline: (028) 3820 1213. Our team of experts is always ready to listen, answer for free, and provide the most comprehensive, cost-saving legal solutions for your enterprise.

Correctly identifying the subjects and completing the work permit exemption procedures brings great proactiveness for both enterprises and foreign workers. By mastering the updated regulations from Decree 70/2023, businesses can easily attract international talent while still strictly complying with Vietnamese law. If you are facing obstacles in proving exemption conditions or need to optimize the time for processing administrative procedures, our all-inclusive consulting services are always ready to accompany and solve all legal difficulties with you.

If you have any questions, please contact our Hotline at (028) 3820 1213 or email us at [email protected] for prompt consultation and support. With an experienced team, Service thanhlap.wacontre.com is always ready to serve customers in the most enthusiastic and efficient manner. (For Japanese customers, please contact Hotline: (050) 5534 5505).