October brings two compliance priorities into focus for foreign-invested businesses in Vietnam: preparing for a new foreign-worker framework and reviewing beneficial ownership declarations.
Decree No. 393/2026/ND-CP, issued on 20 October and effective from 5 December 2026, introduces changes affecting foreign-worker eligibility, exemptions and employment arrangements. Meanwhile, targeted reviews of beneficial ownership declarations highlight the importance of accurate corporate records and timely filings.
For businesses planning recruitment, overseas transfers or corporate changes, a coordinated review can help identify the actions required before year-end.
Vietnam’s New Foreign-Worker Framework: Preparing for Decree 393
Recruiting an overseas specialist involves more than confirming qualifications. Employers also need to establish the appropriate working arrangement, assess work permit requirements and maintain records that reflect the individual’s actual role.
Decree No. 393/2026/ND-CP replaces Decree No. 219/2025/ND-CP, introducing broader routes for certain foreign professionals while changing requirements for specific assignments and transfers.
Broader routes to expert status and work permit exemptions
The new framework introduces additional grounds for recognising certain experts, including strategic technology personnel, qualifying graduates from universities ranked among the global top 500, and specialists in education, research, culture, arts and sports.
It also provides a route for individuals with at least five years of relevant experience without a mandatory university degree.
For employers, these changes may create additional options when recruiting experienced specialists. However, a candidate’s experience must still be assessed against the proposed position and the applicable eligibility requirements.
The decree also expands work permit exemptions for certain categories of talent, including qualifying personnel in STEM, technology, digital transformation, finance and governance, alongside specified teaching, research and strategic technology roles.
Businesses should confirm both eligibility and the relevant certification or procedural requirements before relying on an exemption.
Short-term assignments require more than tracking days
The decree addresses managers, executive directors, experts and technical workers working for one or more employers in Vietnam for an aggregate period of no more than 90 days in a calendar year.
However, where an employment relationship arises or remuneration is paid, the individual must still obtain a work permit under the employment-contract form and sign a written labour contract before starting work.
For businesses bringing overseas personnel into Vietnam, the assessment should therefore cover the duties performed, the engaging entity and the remuneration arrangement, alongside the duration of the assignment.
Intra-corporate transfers need an early review
Under the new framework, the intra-corporate transfer category covers managers, executive directors and experts who have worked continuously for the overseas enterprise for at least 12 months before their temporary transfer to Vietnam.
Technical workers are no longer included in this category. The work permit exemption continues to apply to qualifying intra-corporate transferees in the 11 service sectors covered by Vietnam’s WTO commitments.
Documents previously issued to technical workers under Decree 219 remain valid until expiry. Re-issuance or extension under the expert category depends on meeting the relevant five-year experience requirement.
Businesses planning transfers or renewals should review the available route early to allow time for any additional supporting documents.
Digital verification raises the importance of consistent records
Certain documents will not need to be resubmitted where the relevant information is already connected and shared through government databases. The decree also allows health certificates from duly authorised overseas medical facilities and provides for a unified nationwide foreign-worker database.
These changes may simplify administration. They also make it important for information across applications, employment records and immigration documents to remain consistent.
What businesses should do
- Review foreign-worker classifications against current roles and planned assignments.
- Assess upcoming hires against the relevant expert or exemption criteria.
- Review short-term visits for employment and remuneration arrangements.
- Check planned intra-corporate transfers, particularly those involving technical workers.
- Identify upcoming expiries and confirm the appropriate renewal or application route.
- Reconcile job positions, work locations and employment periods across supporting records.
Planning a foreign hire or overseas transfer? Speak with Ascentium Vietnam to assess the requirements relevant to your workforce: Immigration Advisory | Ascentium Vietnam
Beneficial Ownership Declarations: Preparing for Targeted Reviews
Accurate ownership information is an important part of corporate compliance, particularly for foreign-invested businesses with several ownership layers.
According to the regulatory alert, on 7 October 2026, the Agency for Private Enterprise and Cooperative Economic Development under the Ministry of Finance issued Official Letter No. 3164/DNTN-GS to provincial Departments of Finance.
The letter identifies more than 40,000 enterprises established or having registered changes to their enterprise registration information since 1 July 2025 without beneficial ownership declarations. It follows the Ministry of Finance’s direction to review implementation during September–December 2026.
What this means for foreign-invested businesses
Enterprises, particularly those on the review list, may be contacted by the relevant authorities to check compliance and request submission of beneficial ownership information.
For businesses with overseas shareholders or multiple ownership layers, preparing an accurate declaration may require coordination between the Vietnam entity, group headquarters and other entities in the ownership chain.
A practical starting point is to compare the Vietnam entity’s filings with the group’s current ownership information. Businesses should also retain the records supporting how beneficial owners were identified.
Potential financial exposure
The regulatory alert notes that, under Decree No. 122/2021/ND-CP, as amended by Decree No. 288/2026/ND-CP, violations relating to the identification, declaration and maintenance of beneficial ownership records may attract fines of up to VND 100 million, depending on the violation.
Businesses should review the obligation applicable to their circumstances and address missing or inaccurate information promptly.
What businesses should do
- Confirm whether the required beneficial ownership declarations have been submitted.
- Reconcile filed information with the current ownership structure.
- Coordinate with overseas shareholders to obtain supporting information.
- Retain assessment records, submission evidence and relevant correspondence.
- Assign responsibility for monitoring ownership changes and related filing obligations.
- Prepare to respond promptly to requests from the business registration authority.
Reviewing your ownership records or preparing a corporate filing? Speak with Ascentium Vietnam to identify the steps relevant to your business: Legal Advisory | Ascentium Vietnam
How Ascentium Vietnam Can Help
Ascentium Vietnam, formerly InCorp Vietnam, supports foreign businesses with the corporate advisory and outsourcing solutions they need to establish, operate and grow in Vietnam.
Our teams across Ho Chi Minh City, Hanoi and Da Nang bring together local expertise in corporate compliance, HR and payroll, and business operations. We can help assess foreign-worker arrangements, review corporate records and coordinate practical steps to address compliance gaps.
Are your foreign-worker arrangements and beneficial ownership records ready for review? Contact our team to discuss your business’s priorities: Contact Us | Ascentium Vietnam
