Vietnam’s Decree 393/2026/ND-CP takes effect on 5 December 2026, changing how employers assess work permit and exemption requirements for foreign staff. For HR teams, the immediate priority is to review hires, short-term assignments, intra-company transfers and permits due to expire around the transition.
What Changes Under Decree 393?
Decree 393 replaces Decree 219/2025/ND-CP and governs the grant, re-grant, extension and revocation of work permits and exemption certificates. The transition matters for employers with applications already in progress. Under Article 35, dossiers submitted before 5 December 2026 continue to be processed under Decree 219.
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Who Is Qualified As A Foreign Expert?
Article 4(3) includes a route for candidates with at least five years of experience relevant to the intended position, with no degree requirement. The university degree route with two years of relevant experience also remains available. Other routes cover certain strategic technology graduates, science graduates from qualifying universities, culture, arts and sports specialists, and eligible teaching and research staff.
For candidates relying on experience, ask previous employers for written confirmation early. Check that the letters describe the work performed and show how it relates to the proposed role in Vietnam. Assess the permit or exemption requirement separately from the candidate’s expert status.
When Can Foreign Workers Work Without A Permit
Article 8 includes exemptions for eligible foreign teachers and researchers, certain strategic technology experts and their relatives, and workers recruited under the national AI human resources programme. Confirm the specific category before setting a start date. Where the notification procedure in Article 10(4) applies, notify the competent authority at least three working days before work begins.
What Should Employers Check Before a Short-Term Assignment or Transfer?
For short-term work, Article 3(5) sets a limit of 90 cumulative days per calendar year across Vietnamese employers. Keep a record of days already worked in Vietnam and check whether the assignment creates a hiring and payroll relationship that triggers a permit requirement under Article 8(13)(a).
For intra-company transfers, Article 3(1) covers managers, executives and experts who have worked for the overseas employer for at least 12 consecutive months. Review existing technical-worker transfers separately. Article 35 provides a route to re-grant as an expert where the five-year experience condition is met.
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When Should Employers File?
Work permits can be valid for up to two years and may be extended once for up to two years. Work backwards from the planned start or expiry date and allow time to collect supporting documents before the filing window opens.
| Procedure | Filing window | Decision time |
| New work permit | 60 days to 10 working days before the start date | 10 working days |
| Work permit extension | 90 days to 10 working days before expiry | 5 working days |
| Exemption certificate | 60 to 10 days before the start date | 5 working days |
| Notification-only cases | At least 3 working days before the start date | No decision period |
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What Compliance Risks Should Employers Review?
- Job titles that differ from the work performed. Check the role description against the duties the employee will carry out in Vietnam.
- Incomplete assignment records. Confirm days worked across Vietnamese employers and retain overseas employment records for transfers.
- Foreign workers supplied to another business. Review staffing arrangements against Article 37(6), which requires employers to hire for their own needs and prohibits outsourcing foreign workers.
- Missed reporting or permit returns. Confirm applicable reporting deadlines with the local authority and plan to return expired permits within 10 working days under Article 32.
What Should Employers Do Before 5 December?
- List each foreign employee’s work location, job position, form of work and permit or certificate expiry date.
- Prioritise December start dates and expiries. Confirm which decree applies to each pending application or upcoming filing.
- Identify the permit, exemption certificate or notification required for each case.
- Request experience letters and overseas employment records early, then assign a filing owner and deadline.
- Keep the supporting documents and filing records together so HR and mobility teams can track each case.
How Ascentium Vietnam Can Help
Ascentium Vietnam (formerly InCorp Vietnam) helps businesses review foreign workforce arrangements, assess work permit and exemption requirements, and coordinate immigration and visa documentation with planned start dates. Our team can also support personal income tax matters for foreign employees in Vietnam.
Speak With Our Expert to review your upcoming hires, transfers and renewals. Contact vietnam@ascentium.com
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FAQs for HR & Payroll
When does Decree 393 take effect in Vietnam?
- Decree 393 takes effect on 5 December 2026, replacing Decree 219/2025/ND-CP. Employers should review December start dates and upcoming work permit expiries to determine which rules apply to each filing.
Will existing work permits and exemption certificates remain valid?
- Yes. Under Article 35, work permits and exemption certificates issued under Decree 219 remain valid until their expiry dates. HR teams should use the expiry date on each document to plan the next filing.
What happens to work permit applications submitted before 5 December 2026?
- Applications submitted before 5 December 2026 continue to be processed under Decree 219. Keep the submission receipt so your HR team can confirm the filing date if needed.
Can a foreign employee qualify as an expert without a university degree?
- Yes. One route under Article 4(3) allows a candidate to qualify with at least five years of experience relevant to the intended position. Employers should request written confirmation from previous employers and assess separately whether a work permit or exemption applies.
Does a work permit exemption mean the employee can start work immediately?
- The required steps depend on the exemption category. Some cases require an exemption certificate. Where the notification procedure under Article 10(4) applies, the employer must notify the competent authority at least three working days before work begins.
