India grants employment visas only to highly skilled workers — salary above USD 25,000/year, no routine/clerical jobs, and the 1% quota rule has been abolished. Vietnam takes the opposite approach: instead of tightening “who gets in,” it expands permit exemptions for short-term work under 90 days/year. Two completely different control philosophies.
India: highly skilled only, salary over USD 25,000/year, no 1% quota
India’s Employment Visa is for highly skilled foreigners, technicians, and experts — with three hard conditions: salary above USD 25,000/year (INR 16.25 lakh), no routine/clerical/secretarial jobs, and no qualified Indian available for the position. Ethnic cooks and non-English language teachers are the two rare relaxed exceptions.
An update many miss: India’s Home Ministry has abolished the 1% quota rule (which once capped foreign workers on certain projects) — there is no longer a hard ratio ceiling. The remaining barrier is salary threshold and job nature: India does not count heads; it filters by “expensive and skilled.”
Vietnam: permit exemption for work under 90 days/year
Decree 219/2025/ND-CP (effective 07/8/2025) keeps and clarifies one of the most business-friendly exemptions: foreigners working in Vietnam under 90 days in a year are exempt from work permits (Article 7.13a) — provided the employer notifies the competent authority at least 03 working days in advance (Article 9.4).
This is the ideal “door” for: short-term installation/technology-transfer specialists, auditors, project consultants, visiting lecturers. Note: the 90 days are counted per calendar year per person — exceeding it requires a full permit; and the exemption still needs advance notification, not “just walk in and work.”
Additionally, Decree 219 exempts specialists in science, technology, innovation, and digital transformation confirmed by the competent authority — a noteworthy new exemption category.
Side by side: filtering by salary vs opening short-term doors
Philosophy: India — “only the skilled and expensive get in” (salary > USD 25,000, no routine jobs); Vietnam — “short stays need no permit” (<90 days/year + 3-day notice). One tightens entry with money; the other loosens with time.
Quotas: neither currently has a hard percentage quota (India abolished its 1%). For 50 long-term specialists: India — each must prove high skill + salary > USD 25,000; Vietnam — each needs a full work permit (02 years’ experience under Decree 219).
For short-term specialists: Vietnam clearly wins — under 90 days/year needs only a 3-working-day notice, no permit. India has no comparably broad exemption; a Business Visa does not allow salaried work in India.
Practical recommendations
First, sending specialists to India: check the salary exceeds USD 25,000/year before applying — below this threshold, no Employment Visa is issued, with no “low-paid specialist” exception. Second, sending them to Vietnam short-term: use the <90-day exemption — track each specialist’s worked days in the year, and notify 03 working days in advance; do not let a “forgotten notice” turn an exemption into a violation. Third, for 50 long-term specialists in Vietnam, do not try “splitting” into multiple <90-day trips to dodge permits — authorities count actual total days in the year per person.
Frequently asked questions
What does India’s Employment Visa require?
For highly skilled workers: salary above USD 25,000/year (INR 16.25 lakh), no routine/clerical/secretarial jobs, and no qualified Indian available for the position. Exceptions: ethnic cooks, non-English language teachers.
Does India still have the 1% foreign-worker quota?
No. India’s Home Ministry has abolished the 1% quota rule. There is no longer a hard ratio ceiling; the barriers are the USD 25,000/year salary threshold and the highly-skilled job nature.
Who is exempt from Vietnamese work permits for short-term work?
Foreigners working in Vietnam under 90 days in a year are exempt (Article 7.13a of Decree 219/2025), provided the employer notifies the competent authority at least 03 working days in advance (Article 9.4).
How are the 90 exemption days counted?
Per calendar year per foreign worker, cumulating all work entries in the year. Exceeding 90 days requires a full work permit. Companies should keep a separate day-tracker for each specialist.
Can business trips be split to dodge the permit?
Not advisable. Authorities count each person’s actual total working days in the year — multiple short trips still cumulate toward 90 days. Exceeding the threshold without a permit is an administrative violation.
For detailed advice on bringing specialists to India or 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.