Why Vietnam’s Work Permit Exemption Certificate Confuses So Many Expats
You landed a job in Vietnam. Your employer told you that you are “exempt” from a work permit. You breathed a sigh of relief — no permit, no paperwork. Then someone mentions the Certificate of Work Permit Exemption (Giấy xác nhận không thuộc diện cấp giấy phép lao động). Suddenly the exemption is not an exemption at all. It is another administrative procedure.
This is the exact trap that catches thousands of expats and their employers every year. Under Vietnamese law, being eligible for an exemption does not automatically mean you are free from all formalities. Your employer must still submit a dossier and obtain an official confirmation from the provincial Department of Labor, Invalids and Social Affairs (Sở Lao động – Thương binh và Xã hội) before you begin work. Without it, you are working illegally, and the penalties fall on both you and your company.
This guide breaks down the Decree 219/2025/NĐ-CP procedure — the regulation that replaced Decree 152/2020/NĐ-CP as of August 7, 2025 — into a copy-paste-ready system. You will get the exact document checklist, the official form structure, the submission timeline, and the mistakes that get applications rejected.
Official Legal Basis: Decree 219/2025/NĐ-CP Explained
Vietnam’s foreign labor regulations were overhauled in 2025. Decree 219/2025/NĐ-CP, issued on August 7, 2025, replaced Decree 152/2020/NĐ-CP and introduced clearer procedures for the exemption confirmation process. Here are the key legal instruments you need to know.
- Labor Code 2019, Article 154 — Defines the categories of foreign workers who are exempt from the work permit requirement. Clauses 3 through 8 cover investors, managers, experts, technical workers, and certain special cases.
- Decree 219/2025/NĐ-CP, Article 7 — Expands the exemption categories to fifteen specific cases, including owners contributing VND 3 billion or more, students, volunteers, and intra-corporate transferees.
- Decree 219/2025/NĐ-CP, Article 8 — Sets out the dossier required for the exemption confirmation. This is the document checklist you will use.
- Decree 219/2025/NĐ-CP, Article 9 — Specifies the submission timeline and processing procedure.
- Form No. 01, Appendix to Decree 219/2025/NĐ-CP — The official request form the employer must submit.
- Form No. 02, Appendix to Decree 219/2025/NĐ-CP — The official certificate format issued by the authority upon approval.
Important distinction: Under the old Decree 152/2020/NĐ-CP, there was no clear re-issuance procedure for the exemption certificate. If your work location changed or your employer changed its name, you had to start a new application from scratch. Decree 219/2025/NĐ-CP fixed this by creating a defined re-issuance process, which is faster and requires fewer documents.
Required Documents Checklist for the Exemption Certificate
Based strictly on Article 8 of Decree 219/2025/NĐ-CP and the official guidance from Vietnam Social Security, here is the complete dossier. The employer prepares the application, but you must provide the personal documents.
- Request form (Form No. 01) — The employer submits this using the official template attached to Decree 219/2025/NĐ-CP. Do not draft a free-form letter.
- Health certificate (Giấy khám sức khỏe) — Issued by a qualified medical facility. If the health data is already connected to the National Health Database, the paper certificate may not be required. Overseas health certificates are accepted only if Vietnam and the issuing country have a mutual recognition agreement, and the certificate must be issued within 12 months of submission.
- Two color photos — 4 cm × 6 cm, white background, full-face, bareheaded (no hat), and no glasses.
- Valid passport — Must be within its validity period.
- Proof of exemption eligibility — This is the most critical document. It varies by exemption category. See the breakdown below.
Proof of Exemption by Category
Your employer must submit one of the following documents proving that you fall under a specific exemption category. The requirements differ by role.
- Managers: Company charter plus documentation of managerial status; or an appointment decision; or, for heads of agencies or organizations, the establishment license and appointment document.
- Executive officers: Certificate of branch operation, representative office operation, or business location registration; company charter or organizational structure documents; and the employer’s confirmation of years of experience.
- Experts: University degree or higher plus confirmation of years of experience; or a degree in priority sectors such as finance, science, technology, innovation, or digital transformation; or certificates of outstanding achievements in culture or sports; or specialized licenses (pilot license, aircraft maintenance certificate, seafarer competency certificate) recognized by Vietnamese authorities.
- Technical workers: Diploma or certificate showing at least one year of training plus confirmation of work experience; or a document directly confirming years of experience.
- Intra-corporate transferees: Document assigning you to Vietnam for a fixed term, plus evidence of at least 12 consecutive months of employment with the foreign employer before entry.
- Foreigners working under international treaties: Job-assignment document from the foreign employer plus the relevant treaty or international agreement to which Vietnam is a signatory.
Official Form Field-by-Field Translation: Certificate Layout
The final certificate is issued on Form No. 02, which is attached to Decree 219/2025/NĐ-CP. It is a bilingual Vietnamese-English document. Below is the field structure with English translations so you can verify every detail before your employer submits the dossier.
CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness Ảnh màu (4x6 cm) / Colour photo GIẤY XÁC NHẬN KHÔNG THUỘC DIỆN CẤP GIẤY PHÉP LAO ĐỘNG
CERTIFICATION OF EXEMPTION FROM WORK PERMIT Số GXN1/No CEWP: ….. 1. Họ và tên (In hoa)/Full name (In capital letters): ……………………
2. Ngày, tháng, năm sinh/Date of birth: …………………………………………
3. Giới tính (Nam/Nữ)/Sex (Male/Female): ………………………………
4. Quốc tịch/Nationality: …………………………………………………………
5. Số hộ chiếu/Passport number: ……………………………………………
6. Mã số định danh cá nhân (nếu có)/Personal Identification Number (If any): ……
7. Làm việc tại/Working at: a) Tên người sử dụng lao động/Name of employer: ……………… b) Vị trí công việc/Job assignment: ……………………………… Cụ thể, lĩnh vực làm việc/Job field: ………………………… c) Hình thức làm việc/Working form: ……………………………… d) Địa điểm làm việc/Working place: ……………………………… đ) Thời hạn làm việc/Period of work: Từ (ngày/tháng/năm)/from (day/month/year) đến (ngày/tháng/năm)/to (day/month/year): ………………
8. Tình trạng giấy xác nhận không thuộc diện cấp giấy phép lao động/Status of certification of exemption from work permit: ………… (Cấp mới ký hiệu 1, gia hạn ký hiệu 2, cấp lại ký hiệu 3)Key field notes:
- Field 7(b) — Job assignment: Must match the job title in your employment contract and the exemption category you are claiming. A mismatch is a common reason for rejection.
- Field 7(d) — Working place: List every specific location where you will work. If you will work in multiple provinces, this must be reflected, and additional notifications are required.
- Field 8 — Status code: The certificate number prefix indicates whether it is a new issuance (1), extension (2), or re-issuance (3).
Copyable Employer Cover Letter and Request Template
While the official request must be submitted on Form No. 01, a cover letter from the employer can help clarify the submission. Use this template as a supplement, not a replacement for the official form.
EMPLOYER COVER LETTER FOR WORK PERMIT EXEMPTION CERTIFICATE Date: [Date] To: Department of Labor, Invalids and Social Affairs
[Province/City Name]
[Address of Department] Re: Request for Certificate of Work Permit Exemption
Foreign Employee: [Employee Full Name]
Passport Number: [Passport Number]
Nationality: [Nationality] Dear Sir/Madam, We, [Company Name], Tax Code [Tax Code], located at [Company Address],
hereby submit this dossier to request a Certificate of Work Permit Exemption
for the above-named foreign employee. This employee falls under the exemption category specified in [Article 154,
Clause ___, Labor Code 2019 / Article 7, Clause ___, Decree 219/2025/ND-CP]. Job Title: [Job Title]
Job Field: [Job Field]
Working Location(s): [List All Locations]
Period of Work: From [Start Date] to [End Date] The complete dossier includes:
1. Request form (Form No. 01, Decree 219/2025/NĐ-CP)
2. Health certificate for [Employee Name]
3. Two 4x6 cm color photos
4. Copy of valid passport
5. Proof of exemption eligibility: [Specify Document Type] We respectfully request the Department to process this application within the
statutory timeframe. We are available to provide any additional information
required. Sincerely,
[Company Name]
[Authorized Signatory Name and Title]
[Company Seal]EMPLOYEE AUTHORIZATION LETTER (IF EMPLOYER USES A SERVICE PROVIDER) Date: [Date] I, [Employee Full Name], passport number [Passport Number], hereby authorize
[Company Name] to submit and process my application for a Certificate of Work
Permit Exemption (Giấy xác nhận không thuộc diện cấp giấy phép lao động). I confirm that all personal documents provided are authentic and valid. Authorized Representative:
Name: [Representative Name]
ID/Passport: [Representative ID]
Phone: [Representative Phone] [Employee Signature]
[Employee Full Name]Submission Timeline and Step-by-Step Procedure
The timeline is strict. The 60-day window is the outer limit, and the 10-day minimum is the absolute floor. Missing either end means your application cannot be processed before you start work.
- Determine your exemption category. Your employer must identify which specific clause of Article 154 (Labor Code) or Article 7 (Decree 219) applies to your role. This determines which proof document you need.
- Gather your personal documents. You need the health certificate, photos, and passport copy. If you have a prior exemption certificate from working in Vietnam, locate it — it can replace experience confirmation documents.
- Employer prepares the dossier. The employer completes Form No. 01 and assembles all supporting documents. The dossier is prepared per foreign worker — one employee, one dossier.
- Submit within the 60-to-10-day window. The employer submits the dossier to the Public Administration Service Center (Trung tâm Phục vụ hành chính công) in the locality where you will work. Submission can be made in person, via public postal service, through an authorized service provider, or by authorization.
- Authority forwards the dossier. The Public Administration Service Center transfers the dossier to the competent authority for processing.
- Processing period: 5 working days. Within 5 working days of receiving a complete and valid dossier, the authority issues the Certificate of Work Permit Exemption on Form No. 02.
- If rejected: 3 working days for written response. If the certificate is not granted, the authority must issue a written response clearly stating the reasons within 3 working days.
- Multiple work locations notification. If you will work for the same employer in multiple provinces, the employer must notify the competent authority in each location at least 3 days before your expected working date. The notification must include your full name, date of birth, nationality, passport number, certificate number, and employer name.
Common Mistakes and Rejection Warnings
- Assuming exemption means no paperwork. This is the single most dangerous misconception. Even if you qualify for an exemption, your employer must obtain the confirmation certificate before you start work. Working without it is illegal employment.
- Submitting too early or too late. The dossier cannot be submitted earlier than 60 days before your expected start date, and it must be submitted no later than 10 days before that date. Submissions outside this window will not be accepted.
- Using the wrong form version. Decree 219/2025/NĐ-CP introduced new form templates (Form No. 01 for the request, Form No. 02 for the certificate). Old forms from Decree 152/2020/NĐ-CP are obsolete. Verify the form version with your HR department.
- Health certificate expiration. The health certificate must be issued within 12 months of submission. An expired certificate will cause an immediate rejection.
- Mismatched job title and exemption category. The job assignment listed on the form must align with the exemption category you are claiming. If your contract says “Marketing Specialist” but you are claiming exemption as a “Manager,” the application will be flagged.
- Failing to notify for multiple work locations. If you will work in more than one province, the employer must file a separate notification at least 3 days before you start. Skipping this step can invalidate your certificate for the additional locations.
- Employer submitting without employee documents ready. The dossier requires your photos, health certificate, and passport copy. If HR submits without these, the application is incomplete and will be returned.
Processing Time, Fees, and Submission Locations
The official source data provides the following details. No specific fee amount is stated in Decree 219/2025/NĐ-CP or the official guidance documents. You must verify any applicable fee at the receiving office before submission.
- Processing time for new certificate: 5 working days from receipt of a complete and valid dossier.
- Processing time for re-issuance: 3 working days from receipt of a complete and valid dossier.
- Time for rejection response: 3 working days for the authority to issue a written explanation if the certificate is denied.
- Submission window: Between 60 days and 10 days before the foreign worker’s expected start date.
- Where to submit: Public Administration Service Center (Trung tâm Phục vụ hành chính công) in the locality where the foreign worker is expected to work. The center forwards the dossier to the competent authority.
- Submission methods: In person, via public postal service, through an authorized service provider, or by authorization.
- Fees: Not specified in the official source data. Contact the Public Administration Service Center in your province directly to confirm the current administrative fee. Do not rely on any figure you find online unless confirmed by the receiving office.
Frequently Asked Questions
Q: Is the Certificate of Work Permit Exemption the same as a work permit?
A: No. A work permit (giấy phép lao động) is a separate document issued to foreign workers who are not exempt. The exemption certificate (giấy xác nhận không thuộc diện cấp giấy phép lao động) is a confirmation that the worker falls under a category that does not require a work permit. You cannot use the exemption certificate in place of a work permit for purposes other than the specific exemption it confirms.
Q: How long before I start work must my employer submit the exemption application?
A: The employer must submit the dossier within 60 days before your expected start date and no later than 10 days before that date. Submissions outside this window will not be processed.
Q: What happens if my employer does not apply for the exemption certificate before I start work?
A: Working without a valid work permit or exemption certificate is illegal employment under Vietnamese labor law. Both the employer and the foreign worker can face administrative fines. Do not begin work until the certificate is issued.
Q: Can I use my previous exemption certificate from another job in Vietnam?
A: If you have previously worked in Vietnam and hold a valid exemption certificate, it can be used as a substitute for documents proving relevant work experience in a new application. However, the certificate itself does not transfer automatically — your new employer must submit a new dossier.
Q: What documents do I need to provide personally for the exemption application?
A: You must provide: a health certificate issued within 12 months; two 4 cm × 6 cm color photos with white background, bareheaded and without glasses; and a copy of your valid passport. Your employer prepares the request form and the proof of exemption eligibility documents.