Vietnam's Decree No. 393/2026/ND-CP: New Work Permit Rules for Foreign Workers

01Broader pathways to qualify as an expert

The familiar expert route remains available. A foreign worker may generally qualify as an expert with a university degree or equivalent qualification and at least two years of professional experience relevant to the proposed position in Vietnam.

Decree 393 also introduces additional eligibility pathways, including provisions relating to certain strategic technology and scientific fields and an experience-based route for professionals with at least five years of relevant experience. This could benefit experienced professionals whose careers do not fit neatly within the traditional degree-plus-experience model.

Employers must nevertheless demonstrate consistency between the employee's qualifications, professional experience, proposed position and actual duties in Vietnam. Asia Relocation can assess the appropriate Vietnam Work Permit route before filing.

02Overseas medical certificates become more practical

One of the most operationally important changes concerns the medical certificate required for a Work Permit. Under Decree 393, the health certificate may be issued by a competent medical establishment in Vietnam or overseas and must generally have been issued within the previous 12 months.

This is particularly important for employees who cannot travel to Vietnam before their assignment begins. Under the previous framework, using an overseas medical certificate could be difficult in practice. Decree 393 provides a clearer basis for foreign-issued medical certificates.

This change could significantly improve pre-arrival Work Permit planning, particularly for executives and international assignees whose travel dates are constrained by tax, payroll or employment considerations.

03Work Permit application timeline

Under Decree 393, employers must generally submit the Work Permit application at least 10 working days before the proposed employment start date and no more than 60 days before that date. Once a complete application has been received, the prescribed processing period is generally 10 working days.

Work Permits remain limited to a maximum validity of two years, subject to the underlying employment or assignment documentation. Employers should nevertheless distinguish the authority's processing period from the overall immigration project timeline.

Before filing, the employee may still need to obtain and authenticate documents such as criminal record certificates, university degrees or professional qualifications, experience confirmation letters and medical certificates. Foreign documents may also require authentication, Vietnamese translation and notarisation.

For this reason, Work Permit preparation should normally begin several months before the intended employment start date.

04Short-term work of up to 90 days: not an automatic exemption

Decree 393 contains provisions concerning managers, executive directors, experts and technical workers whose total working period for one or more Vietnamese employers does not exceed 90 cumulative days in a calendar year. This may provide useful flexibility for genuine short-term assignments, technical interventions and specialist projects.

Where a genuine employment relationship exists with a Vietnamese entity, the regular Work Permit route may still be necessary even when the initial period is shorter than 90 days. It is equally important to distinguish immigration status from work authorisation: holding a business visa or e-Visa does not, by itself, automatically authorise employment activities in Vietnam.

05Eighteen Work Permit exemption categories

Decree 393 provides 18 categories of foreign workers who may be exempt from obtaining a Work Permit. Depending on the specific conditions, these include certain investors and company owners, board members, managers, experts and technical workers undertaking qualifying short-term activities, intra-company transferees, volunteers, spouses of Vietnamese citizens and professionals working in designated strategic technology sectors.

For background on the earlier framework, see our article on Vietnam Work Permit Exemptions under Decree 219.

06More precise occupation classification

Decree 393 also introduces greater precision when classifying foreign workers and their occupations. Practical analysis of the new decree indicates a shift toward more detailed occupation coding, making consistency throughout the Work Permit dossier increasingly important.

The employee's job title, occupation classification, qualifications, professional experience, employment or assignment documents and actual responsibilities in Vietnam should support the same role. A generic job description that does not correspond with the employee's actual background can create difficulties even where the individual is highly qualified.

07Greater responsibility for employers

Decree 393 reinforces the responsibilities of Vietnamese employers using foreign workers. Employers must ensure that foreign employees correspond to legitimate labour requirements and that information submitted to the authorities accurately reflects the real employment arrangement.

The decree also addresses foreign labour subleasing. This is particularly relevant to structures involving employer-of-record arrangements, payroll sponsorship or foreign personnel operationally working under another organisation. Companies using third-party employment structures should therefore review whether the arrangement represents a genuine outsourced service or, in substance, the supply of foreign labour.

08Employer reporting obligations

Decree 393 reintroduces periodic reporting obligations for employers of foreign workers. Employers are generally expected to report by 5 June and 5 December each year, except where the relevant information can be obtained directly through the government database.

Companies employing foreign nationals should therefore maintain a central immigration record covering Work Permit and exemption status, passport validity, employment status, workplace, permit expiry and renewal deadlines. Immigration compliance does not end when a Work Permit is issued.

Real Client Situation: Planning a January 2027 Assignment

A recent case handled by our Vietnam immigration team illustrates how Decree 393 may affect international assignment planning. Names, nationality, employer information and other identifying details have been removed or generalised to preserve confidentiality.

A European executive is preparing for a three-year assignment with the Vietnamese subsidiary of an international industrial group. The planned structure includes a local employment contract, a Work Permit under the expert category, a Temporary Residence Card, immigration support for the accompanying spouse and an intended employment start date of 1 January 2027.

The employee holds a postgraduate qualification from a European university and has the relevant professional experience for the proposed role. The complication concerns timing: for personal tax reasons, the employee has been advised not to enter Vietnam during 2026, despite a planned employment start immediately after the New Year.

This case demonstrates why immigration, employment, payroll, tax and relocation planning should be coordinated from the beginning of an international assignment. A decision affecting an employee's travel date can directly influence Work Permit preparation and the date on which employment may legally commence.

09What employers should do before 5 December 2026

• ✓Identify applications already submitted that remain subject to Decree 219.
• ✓Identify upcoming cases that will fall under Decree 393.
• ✓Reassess employees who may qualify through the new expert or exemption pathways.
• ✓Review overseas medical certificate options.
• ✓Check short-term workers and business travellers.
• ✓Review occupation classifications and job descriptions.
• ✓Assess EOR and outsourced employment structures.
• ✓Prepare for the June and December reporting requirements.

For assignments beginning in 2027, immigration planning should start well before the intended employment date.

Conclusion

Decree No. 393/2026/ND-CP represents a significant evolution of Vietnam's framework for foreign workers. The new rules introduce broader expert qualification pathways, greater potential use of overseas medical certificates, additional Work Permit exemptions and more flexibility for certain short-term assignments.

At the same time, they increase the importance of accurate job classification, appropriate employment structures and ongoing employer compliance. For companies planning international assignments beginning in 2027, now is the right time to review existing procedures and assess how Decree 393 affects upcoming foreign hires and assignees.

How Asia Relocation Vietnam Can Assist

Asia Relocation Vietnam supports companies, HR teams and foreign professionals with:

• ✓Vietnam Work Permit applications and eligibility assessments
• ✓Work Permit exemption reviews
• ✓Business and employment-related immigration
• ✓Temporary Residence Cards
• ✓Dependant immigration
• ✓Document authentication, translation and notarisation
• ✓Immigration planning for international assignments

Decree 393 — common questions