Vietnam’s New Work Permit Rules: What Changes on 5 December 2026

Vietnam had nearly 163,000 foreign employees at the end of 2025, and the rules for their work permits are changing again. Decree 393/2026/NĐ-CP, issued on 20 October 2026, replaces Decree 219/2025 from 5 December 2026. Whether you hold a Vietnam work permit, plan to apply for one or hire foreign staff, here is what changes, what stays the same and what to do before the deadline.

Most work permit files are prepared by HR teams that work in Vietnamese. If that is your situation, this step-by-step guide to thủ tục xin giấy phép lao động (the work permit procedure, in Vietnamese) is a handy reference to share with them.

What stays the same

• Provincial People’s Committees issue permits, often through the provincial Department of Home Affairs.
• Employers file at least 10 working days and no more than 60 days before the start date, and the authority has 10 working days to decide on a complete file.
• A permit lasts up to two years, and an extended permit is also capped at two years.

What changes on 5 December 2026

1. More routes for experts. Besides the usual route of a university degree plus at least two years of relevant experience, the decree accepts candidates with at least five years of relevant experience, and outstanding science and technology graduates from qualifying leading universities.

2. Executive directors who directly manage a business area need two years’ experience, not three, and must hold genuine managerial authority. A title on the contract is not enough.

3. Faster renewals. A work permit renewal can be filed between 90 days and 10 working days before expiry, up from 45 days, and the authority should decide within five working days. An ordinary renewal no longer needs a new health certificate.

4. Lighter paperwork. Health certificates from authorised facilities abroad are accepted, so most of the file can be prepared before arrival. Only the passport identity page is needed, and records the authority can pull from national databases, such as a Vietnamese criminal record, no longer have to be filed.

5. No subleasing of foreign staff. Employers may not lease foreign workers to others. Employer-of-record and payroll-only arrangements, where the foreigner actually works under a client’s direction, need a close review.

6. Narrower intra-company transfers. This route now covers managers, executive directors and experts only; technical workers no longer qualify.

7. Updated work permit exemptions. The list now has 18 groups, including capital contributors of at least VND 3 billion, certain specialists with a master’s degree or higher in STEM, digital transformation, finance or economics, and professors and doctorate holders teaching at universities. The short-term exemption is capped at 90 days per calendar year across all employers.

Apostille makes document preparation faster

Decree 393 still requires foreign documents other than passports to be legalised unless a treaty exempts them. Since 11 September 2026, the Hague Apostille Convention does exactly that for 125 countries: public documents such as degrees and criminal record certificates need a single apostille instead of consular legalisation. Germany, Austria and the Czech Republic objected to Vietnam’s accession, so their documents still need legalisation. A certified Vietnamese translation is required either way.

What to do before 5 December

• Audit current permits and exemption confirmations, with their expiry dates.
• Re-check job titles against the new expert and executive director criteria.
• Review employer-of-record, secondment and client-site arrangements for subleasing risk.
• Plan renewals around the 90-day window, which applies from 5 December.
• Order apostilles and translations first, then assemble the file.

Provinces may apply new rules differently during the transition, so confirm local practice with the provincial Department of Home Affairs or a lawyer before you file.

Quick FAQ

Will my current work permit become invalid on 5 December?

Generally no. Permits issued before that date remain valid until they expire; the new rules apply to later applications, renewals and reissues.

How long does a Vietnam work permit take?

The authority has 10 working days once the file is complete, but apostilles, translations, health checks and the follow-up temporary residence card usually stretch the whole process to several weeks.

Can I work in Vietnam without a work permit?

Only if you fall into an exempt group, such as foreign spouses of Vietnamese citizens living in Vietnam. Otherwise, working without a permit can lead to fines for both the employer and the worker, and to deportation.

About the author: Lawyer Trần Hiểu advises foreign employees and employers on work permits at Nam Son Law (Công ty Luật TNHH MTV Nam Sơn), a Vietnamese law firm headquartered in Ho Chi Minh City with a branch in Nha Trang. The firm handles work permits, temporary residence cards and company formation for foreign clients. Learn more at Nam Son Law.