Labour and Employment

45-Day Visa Exemption: Can Experts Use It?

Since 15 March 2025 Vietnam has waived visas for 45 days for citizens of twelve countries under Resolution 44/NQ-CP. Companies quickly ask the follow-up: can an expert from one of those countries simply use the exemption for a long work assignment instead of a labour visa? The answer sits on the border between entry and employment.

What the 45-day policy actually covers

Resolution 44/NQ-CP, replacing Resolution 128/NQ-CP, exempts citizens of Denmark, Finland, France, Germany, Italy, Japan, South Korea, Norway, Russia, Spain, Sweden and the United Kingdom from visas regardless of passport type and entry purpose, for a 45-day stay from the date of entry, during the period 15 March 2025 to 14 March 2028. Citizens of Poland, the Czech Republic and Switzerland are exempted under Resolution 229/NQ-CP for tourism purposes only, until 14 August 2028; bilateral agreements such as the one with Belarus add further cases.

The phrase “regardless of entry purpose” in Resolution 44/NQ-CP is routinely over-read. It describes the conditions for being waived a visa at the border; it does not create a right to work in Vietnam. A foreigner’s right to work is governed by labour law: a work permit, or permit-exempt status under Decree 219/2025/ND-CP, together with residence under the matching category.

Why an expert should not “work on the exemption”

An expert who enters on the exemption and goes straight to work at a plant or office collides with three layers of risk. First, activity outside the entry purpose is a residence violation under Decree 282/2025/ND-CP. Second, working without a work permit is a labour violation: both the individual and the employing company are fined under Decree 283/2026/ND-CP, and the individual faces possible deportation. Third, 45 days is a hard cap per entry and cannot support continuous working residence anyway.

Some short activities companies mistake for “work” are perfectly lawful when routed correctly: attending meetings, negotiating, signing contracts, surveying the market. These business activities belong under the DN business visa, and in many cases the person may even be work-permit exempt when entering to work for under 30 days, no more than three times a year — but that still requires an exemption confirmation and the proper visa, not a default to the 45-day waiver.

Extension and conversion: the exemption’s limits

The unilateral exemption carries no in-country extension mechanism: when the 45 days run out the foreigner must exit, and staying longer requires having obtained a visa or residence card under a proper category before the stay expires. Exiting and immediately re-entering to “refresh” another 45 days as a way of living and working long-term draws close scrutiny at the border and is no substitute for a genuine labour status.

On conversion of purpose, Article 7 of the foreigners’ entry and residence law, as amended, keeps the rule that a visa’s purpose may not be changed, subject to four listed exceptions — among them the case of a person who already holds a work permit or an exemption confirmation and is sponsored by an organisation. A company that needs an expert for the long term should build the work permit and LD visa file from the start instead of banking on conversion from the exemption.

Frequently Asked Questions

Who gets the 45-day exemption?
Under Resolution 44/NQ-CP, citizens of Denmark, Finland, France, Germany, Italy, Japan, South Korea, Norway, Russia, Spain, Sweden and the United Kingdom are visa-exempt for a 45-day stay, from 15 March 2025 to 14 March 2028, regardless of passport type and entry purpose. Poland, the Czech Republic and Switzerland are covered by Resolution 229/NQ-CP for tourism only, until 14 August 2028.

Can an expert work on it?
No — not for an actual work assignment. The exemption settles entry only; working in Vietnam requires a work permit or an exemption confirmation under Decree 219/2025/ND-CP and residence under the labour category. Working outside the entry purpose risks sanctions on both the residence side (Decree 282/2025/ND-CP) and the labour side (Decree 283/2026/ND-CP).

What about short business trips?
Short business activities such as meetings, negotiations, signings and market surveys should travel on the DN business visa. Entering to work for under 30 days, no more than three times a year, may qualify for work-permit exemption, but an exemption confirmation is still needed — the 45-day waiver is not an automatic substitute.

Can the stay be extended?
The unilateral exemption cannot be extended in-country. At day 45 the person must leave, unless a visa or residence card under another category was obtained beforehand. Holders of a work permit with a sponsoring organisation fall within the exceptions where conversion of purpose may be considered under Article 7 of the entry and residence law.

This article has been quality-reviewed by the FLAW AI Legal Council