Decree 219/2025/ND-CP expands work permit exemptions to 15+ cases — but “WP-exempt” does not mean “no paperwork.” The biggest new point: two parallel procedures — exemption confirmation or just a 3-working-day notification (Article 9.4). Mixing up the two tracks is the biggest legal risk.
The exemption map — Article 7 of Decree 219/2025
The Decree keeps the Article 154 Labor Code cases (heads of representative offices/projects of international organizations/NGOs; under 3 months for services or complex technical emergencies; licensed foreign lawyers; marriage to a Vietnamese citizen with residence in Vietnam; treaty cases) and adds:
Investors: LLC owners/capital contributors or JSC Board chairs/members with capital of VND 3 billion+ (Art 7.2, 7.3). Under 90 days/year: managers, executive directors, experts, technical workers working a cumulative under 90 days/calendar year (Art 7.13a; the old 3-entries cap is gone). ICT: intra-corporate transferees in companies with commercial presence in Vietnam, in 11 WTO service sectors, employed by the foreign company for 12 consecutive months (Art 7.13b). Priority sectors: finance, science, technology, innovation, national digital transformation, as certified (Art 7.15). Others: ODA, MOFA-certified journalists, diplomatic-mission education staff, student interns.
Two procedures: confirmation vs 3-day notification only
Track 1 — notification only (Art 9.4, no confirmation needed): Labor Code Art 154.4, 154.5, 154.6, 154.8 (services <3 months, technical emergencies, lawyers, marriage to Vietnamese) and Decree Art 7.2, 7.3, 7.5, 7.8, 7.10, 7.13a (under 90 days/year, investors VND 3bn+, ODA, journalists…). Employers notify the competent authority (provincial People’s Committee / Dept of Home Affairs) at least 3 working days before the start date — with name, DOB, nationality, passport number, workplace, period.
Track 2 — confirmation: remaining cases (e.g. ICT) — file 60 to 10 days before the planned start; the confirmation is valid up to 2 years and grounds an LD1 visa and TRC.
Common traps
Trap 1 — “exempt means nothing to do”: track 1 still requires the 3-day notification; skipping it draws fines under Decree 283/2026 (VND 1–3M individuals, 2–6M organizations). Trap 2 — wrong track: ICT needs confirmation, not just notification. Trap 3 — miscounting 90 days: it’s cumulative per calendar year (01/01–31/12), not 90 days per entry; one day over means a WP is required.
Practical recommendations
First, map the exemption for each foreigner before they enter Vietnam — pin down the exact Article 7 clause and the right procedure track. Second, for track 1: keep a 3-day notification template in the onboarding flow — with all 6 mandatory data points. Third, for track 2: file 60–10 days early — the 2-year confirmation also grounds the LD1 visa and TRC; don’t let the chain slip.
Frequently asked questions
Does WP exemption require any procedure?
Yes. Two tracks: (1) notify the competent authority at least 3 working days before work starts (no confirmation); (2) obtain an exemption confirmation (file 60–10 days ahead). Exempt does not mean paperwork-free.
Which cases need only the 3-day notification?
Per Article 9.4 of Decree 219/2025: services/technical emergencies under 3 months, foreign lawyers, marriage to Vietnamese citizens, investors of VND 3bn+, under 90 days/year, ODA, journalists…
How are the 90 days counted?
Cumulatively per calendar year (01/01–31/12), with no entry-count limit (the old 3-visit cap is abolished). Over 90 days requires a WP.
What does ICT exemption require?
Intra-corporate transfer within a company having commercial presence in Vietnam, in 11 WTO-committed service sectors, employed by the foreign enterprise for at least 12 consecutive months — on the confirmation track.
What is the fine for skipping the 3-day notification?
Under Decree 283/2026/ND-CP (effective 10/09/2026): VND 1–3 million for individuals, doubled (2–6M) for organizations.
For detailed advice on work permit exemptions in Vietnam, companies may contact FLAT Law Firm.
This article has been quality-reviewed by the FLAW AI Legal Council. Content was prepared by the FLAT Law Firm AI Legal Council and has not been reviewed by a human lawyer.