What Is a Vietnam Work Permit Exemption Certificate?
If you have been offered a role in Vietnam but your employer has told you that you may not need a full work permit, you are likely dealing with one of the most confusing areas of Vietnamese immigration law: the work permit exemption. Many expats assume that holding a particular job title or nationality automatically exempts them from work permit requirements, only to discover that the exemption is not self-executing. Without an official Certificate of Work Permit Exemption (Giấy xác nhận không thuộc diện cấp giấy phép lao động), you remain legally exposed, and your employer faces fines ranging from 15 million to 25 million VND, plus possible deportation for you. This guide explains who qualifies for exemption, what documents are required, and how to apply, based on Decree No. 219/2025/ND-CP, which took effect on August 7, 2025.
Official Legal Basis and Who Qualifies for a Work Permit Exemption
The legal foundation for work permit exemptions is Article 154 of the Labor Code 2019, as detailed by Article 7 of Decree No. 219/2025/ND-CP. Under this decree, the following categories of foreign workers are exempt from the work permit requirement. Depending on your situation, you may fall into one of these groups.
- Short-term service providers and technical emergency responders: Foreigners entering Vietnam for under three months to provide services, or to handle complex technical or technological issues that affect or threaten business operations and cannot be resolved by Vietnamese or foreign experts in Vietnam.
- Investors and company leaders: Owners or capital-contributing members of limited liability companies with a capital contribution of at least VND 3 billion, or chairpersons or members of the Board of Directors of joint-stock companies with a capital contribution of at least VND 3 billion.
- Certain managers, executives, experts, and technical workers: Foreign workers who work in Vietnam for less than 90 days in a calendar year (January 1 – December 31), or intra-corporate transferees from a foreign enterprise with a commercial presence in Vietnam, operating in one of the 11 service sectors under Vietnam’s WTO commitments, and who have been working for the foreign employer for at least 12 consecutive months before the transfer.
- Foreigners working in state agencies or NGOs: Heads of representative offices or projects, or individuals responsible for operations of international organizations or foreign NGOs; individuals confirmed by the Ministry of Education and Training to teach, research, or manage at education institutions; individuals certified by ministries or provincial-level People’s Committees to work in finance, science, technology, innovation, national digital transformation, or other priority sectors.
- Exemptions under treaties or international agreements: Individuals whose exemption is specified under a treaty to which Vietnam is a contracting party, including those providing consulting services or performing tasks for ODA-funded programs, teachers or administrators at treaty-established education institutions, foreign students with internship agreements, volunteers working on a non-paid basis under treaties, and individuals performing tasks under international agreements.
- Other exemption groups: Foreign lawyers licensed to practice in Vietnam, foreigners married to Vietnamese citizens and residing in Vietnam, foreign journalists accredited by the Ministry of Foreign Affairs, relatives of members of foreign representative missions permitted to work under treaties, and persons responsible for establishing a commercial presence in Vietnam.
Required Documents Checklist for Work Permit Exemption Certificate
Under Article 8 of Decree No. 219/2025/ND-CP, an application dossier for a Certificate of Work Permit Exemption must be prepared for each foreign worker. The dossier includes general personal documents and documents proving eligibility for the applicable exemption category.
- Written request for a certificate of exemption from a work permit — Using Form No. 01 in the Appendix issued together with Decree No. 219/2025/ND-CP. This form must be completed by the employer.
- Health certificate — Issued by a qualified medical examination and treatment establishment. Health certificates issued by foreign medical agencies are valid if there is an international treaty or mutual recognition agreement between Vietnam and the issuing country, provided the certificate’s validity does not exceed 12 months from the date of issuance. This requirement may be waived if health examination results have been integrated and shared on the National Health Database.
- Two color photos — Size 4 cm x 6 cm, white background, straight-looking face, bare head, without glasses.
- Valid passport — The foreign worker’s passport must be valid with sufficient remaining duration.
- Supporting documents proving exemption eligibility — One of the following, depending on your exemption category:
- A document issued by a competent authority in accordance with the law, for cases specified in Clause 3, Article 154 of the Labor Code or Clauses 9, 14, and 15, Article 7 of Decree No. 219/2025/ND-CP.
- An assignment letter from the foreign employer sending the foreign worker to Vietnam, accompanied by an international agreement or treaty to which Vietnam is a member, for cases specified in Clause 7, Article 154 of the Labor Code or Clauses 4, 6, 7, 11, and 12, Article 7 of Decree No. 219/2025/ND-CP.
- Documents proving the status as a manager, chief executive officer, expert, or technical worker as prescribed in Article 19 of Decree No. 219/2025/ND-CP, accompanied by an assignment letter from the foreign employer for the foreign worker to work at a commercial presence in Vietnam, and confirmation that the foreign worker has been recruited by the foreign employer for at least 12 consecutive months immediately prior to their arrival in Vietnam, for cases specified in Point b, Clause 13, Article 7 of Decree No. 219/2025/ND-CP.
Form No. 01 Field-by-Field Translation & Breakdown
Form No. 01 is the employer’s written request for a work permit exemption certificate. Understanding each field is essential to avoid errors that could result in the dossier being returned. Below is a breakdown of the key sections.
- Tên người sử dụng lao động / Employer name: Full legal name of the company or organization.
- Mã số doanh nghiệp / Enterprise registration number: The company’s business registration number or tax code.
- Địa chỉ trụ sở chính / Head office address: Registered business address.
- Họ và tên người lao động nước ngoài / Foreign worker’s full name: In capital letters, exactly as in the passport.
- Ngày, tháng, năm sinh / Date of birth: Day, month, year.
- Quốc tịch / Nationality: Current nationality.
- Số hộ chiếu / Passport number: Valid passport number and personal identification number (if any).
- Vị trí công việc / Job assignment: The specific job title and category (Manager, Executive Director, Expert, or Technical Worker).
- Lĩnh vực làm việc / Job field: The specific field of work.
- Địa điểm làm việc / Working place: Specific work locations.
- Thời hạn làm việc / Period of work: From and to dates.
- Căn cứ miễn giấy phép lao động / Basis for work permit exemption: The specific clause under Article 7 of Decree 219/2025/ND-CP that applies to the foreign worker.
Copyable Template: Employer’s Request for Work Permit Exemption Certificate (Form No. 01)
Below is a copyable template for the employer’s written request. Replace all bracketed placeholders with your company’s actual information. This document must be printed on the company’s official letterhead, signed, and sealed by the authorized representative.
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
--------o0o-------- [Date: DD/MM/YYYY] REQUEST FOR CERTIFICATE OF WORK PERMIT EXEMPTION To: The Department of Home Affairs
[Province/City Name]
[Address] Employer Information:
Company Name: [Company Full Legal Name]
Enterprise Registration Number: [Company Registration Number]
Head Office Address: [Company Address in Vietnam]
Represented by: [Full Name of Legal Representative]
Position: [Position/Title]
Contact Phone: [Phone Number]
Email: [Email Address] Foreign Worker Information:
Full Name (in capital letters): [Worker Full Name]
Date of Birth: [DD/MM/YYYY]
Nationality: [Nationality]
Passport Number: [Passport Number]
Personal Identification Number (if any): [ID Number] Job Information:
Job Assignment: [Proposed Job Title]
Job Field: [Specific Field]
Working Place: [Specific Work Locations]
Period of Work: From [Start Date] to [End Date] Basis for Work Permit Exemption:
[Specify the exact clause under Article 7 of Decree No. 219/2025/ND-CP that applies. For example: "Clause 2, Article 7 – Foreigner entering Vietnam for under three months to provide services."] We hereby request the issuance of a Certificate of Work Permit Exemption for the above-named foreign worker. We confirm that all information provided is accurate and truthful, and we commit to full compliance with Vietnamese labor and immigration laws. Respectfully, [Signature and Full Name]
[Company Seal]
Official Submission Step-by-Step Procedure
Follow these steps in order. The application is submitted by the employer, not by the foreign worker.
- Step 1: Determine if you need a certificate or only a notification. Review Article 7 of Decree 219/2025/ND-CP to determine whether your case requires a full exemption certificate application or merely a notification to the competent authority. Cases under Clauses 4, 5, 6, and 8 of Article 154 of the Labor Code require only a notification submitted at least 3 working days before the expected start date.
- Step 2: Prepare the dossier. The employer prepares Form No. 01, the health certificate, two 4x6 cm photos, a valid passport, and the supporting documents proving exemption eligibility.
- Step 3: Submit the application. Within 60 days and no less than 10 days from the date the foreign employee plans to work, the employer submits the dossier directly or through the public postal service, through authorized service providers, or through the Public Administration Service Center in the locality where the foreign employee plans to work. Online submission is available through the National Public Service Portal.
- Step 4: Receive acknowledgment. If the dossier is complete and valid, the receiving officer will accept it and provide a receipt and appointment slip for result return.
- Step 5: Wait for processing. The competent authority has 5 working days from receipt of a complete application to issue the Certificate of Work Permit Exemption using Form No. 02. If the certificate is not granted, a written response with reasons must be provided within 3 working days.
- Step 6: Collect the certificate. The employer or an authorized representative collects the Certificate of Work Permit Exemption. If the foreign employee has been granted a certificate and wants to work for that employer in multiple provinces or centrally run cities, the employer must notify the competent authority where the foreign employee is expected to work at least 3 days before the expected working date. The working period must not exceed the validity period of the certificate.
Common Mistakes & Rejection Warnings
- Assuming the exemption is automatic. Even if you fall into an exempt category, you must obtain the official certificate. Working without it is illegal and can result in fines of 15 million to 25 million VND and deportation.
- Missing the 60-day / 10-day submission window. The employer must submit the dossier within 60 days and no less than 10 days from the date the foreign employee plans to work. Missing this window can delay your start date or invalidate the application.
- Incorrect exemption basis cited. The Form No. 01 must cite the exact clause under Article 7 of Decree 219 that applies. A generic or incorrect citation will result in rejection.
- Failure to notify for multi-province work. If you hold an exemption certificate and plan to work in multiple provinces, the employer must notify the competent authority in each additional province at least 3 days before you start work there.
- Missing health certificate or expired certificate. Health certificates must be issued within 12 months of the application date, unless the health data has been integrated into the National Health Database.
- Failure to request re-issuance after 2 years. The work permit exemption certificate is valid for a maximum of 2 years. After the expiration, if you continue to work as an exempt person, the sponsoring company must apply for a new certificate before the old one expires.
Official Processing Time, Fees & Submission Locations
Processing Time
- Certificate issuance: 5 working days from receipt of a complete and valid dossier.
- Refusal notification: A written response with reasons must be provided within 3 working days from receipt of a complete dossier.
- Notification for cases not requiring a certificate: The employer must notify the competent authority at least 3 working days before the foreign employee’s expected start date.
- Validity of certificate: The certificate is issued based on the actual working period stated in the contract or assignment letter, but does not exceed 2 years.
Official Government Fees
The fee for a Certificate of Work Permit Exemption is regulated at the provincial level. There is no uniform national fee amount specified in Decree 219/2025/ND-CP. Fee schedules vary by province and are set by the provincial People’s Council. Always verify the exact fee at the local Department of Home Affairs before submission, as fee schedules are subject to change.
Submission Locations
The employer submits the application at one of the following locations:
- Public Administration Service Center in the locality where the foreign employee plans to work.
- Department of Home Affairs (Sở Nội vụ) of the province or city where the employer is located.
- National Public Service Portal (dichvucong.gov.vn) for online submission.
- By post: Through the public postal service, or through authorized service providers.
Frequently Asked Questions
Q1: Do I need a work permit exemption certificate if I am married to a Vietnamese citizen?
A: Yes. Foreigners married to Vietnamese citizens and residing in Vietnam are among the exemption categories under Article 7 of Decree No. 219/2025/ND-CP. However, you must still obtain a Certificate of Work Permit Exemption from the competent authority before you begin working. The exemption is not automatic.
Q2: How long is a Vietnam work permit exemption certificate valid?
A: The certificate is issued based on the actual working period stated in the contract or assignment letter, but does not exceed 2 years. If you continue to work as an exempt person after the expiration, the sponsoring company must apply for a new certificate before the old one expires.
Q3: What form do I need for a work permit exemption certificate?
A: You need Form No. 01 in the Appendix issued together with Decree No. 219/2025/ND-CP. This is the written request for a certificate of exemption from a work permit, completed by the employer.
Q4: Can I start working while my exemption application is pending?
A: No. You must wait until the Certificate of Work Permit Exemption is issued. Working without the certificate, even if you fall into an exempt category, is illegal and can result in fines of 15 million to 25 million VND and deportation.
Q5: What happens if I work in multiple provinces with an exemption certificate?
A: If you have been granted a certificate and want to work for the same employer in multiple provinces or centrally run cities, the employer must notify the competent authority in each additional province at least 3 days before the expected working date. The working period in those additional locations must not exceed the validity period of the certificate.