Vietnam Notifies Decree 393/2026/ND-CP on foreign workers working in Vietnam: Requirements and Implications for Employers
Source: Vietnam Briefing - Dezan Shira & Associates
On 20 October 2026, the Vietnamese Government issued Decree 393/2026/ND-CP governing foreign workers in Vietnam. Taking effect on 5 December 2026, the decree replaces Decree 219/2025/ND-CP and sets out the conditions and procedures for work permits, exemption certificates and the responsibilities of employers and relevant authorities.
For Australian businesses operating in Vietnam, these requirements affect how foreign employees are recruited, transferred and assigned to projects. Employers preparing for the December transition should consider authorisation requirements when setting start dates and allocating personnel.
Work permit applications and validity
For a new work permit, employers must submit an application at least 10 working days, but no more than 60 days, before the expected start date. Processing takes up to 10 working days after receipt of a complete application.
Permits may be valid for up to two years, depending on the underlying contract or assignment. One extension of up to two additional years is available, subject to the relevant conditions.
Extension applications follow a different timetable: they must be submitted at least 10 working days, but no more than 90 days, before expiry. The processing period is five working days. Employers should distinguish these requirements from the timetable for a new permit.
Work permit exemptions
The decree identifies 18 exemption categories, including qualifying investors, certain intra-corporate transferees, specified education professionals and strategic technology personnel. Each category carries conditions that must be assessed against the individual’s circumstances.
An exemption does not necessarily remove procedural obligations. Some categories require an exemption certificate. For specified categories that do not require that certificate, employers must still notify the competent authority at least three working days before the expected start date. Businesses should confirm which procedure applies before deployment.
Short-term assignments and regional personnel
Qualifying short-term work by managers, executive directors, experts and technical workers is limited to 90 cumulative days in a calendar year across one or more employers in Vietnam.
Employers must assess the employment and remuneration arrangements alongside duration. A short visit alone does not establish exemption eligibility. Australian groups deploying regional personnel should maintain a shared record of working days across projects and business units.
Existing permits and the December transition
Existing work permits and exemption certificates covered by the transitional provisions remain usable until expiry. Subsequent issuance, reissuance or extension must follow the applicable rules.
Applications submitted before 5 December generally continue to be processed under Decree 219. Separate transitional provisions address certain extension applications submitted under Resolution 24/2026/NQ-CP. Employers should therefore review individual application histories before determining what further action is needed.
Implications for Australian businesses
For AusCham members, the practical significance lies in connecting workforce compliance with business planning.
A project may depend on a specialist arriving at a particular stage, while a new operation may require a manager to be in place before recruitment or commissioning begins. Establishing the appropriate authorisation route early helps businesses assess whether these schedules are achievable.
Companies can prepare by:
Reviewing foreign personnel records: Confirm permit status, exemption grounds, expiry dates and planned changes.
Checking upcoming recruitment and transfers: Align proposed start dates with document preparation and application requirements.
Maintaining consistent documentation: Ensure contracts, assignment letters, job descriptions and application details describe the same role and arrangement.
Assigning responsibility across offices: Identify who obtains overseas documents, tracks working days and manages local submissions.
Implementation experience may also identify issues relevant to future policy dialogue. Specific examples of unclear evidence requirements, procedural difficulties or questions concerning regional assignments could help explain where further guidance would support employers.
With the new framework commencing in December, a coordinated review now would give Australian businesses time to address outstanding questions before they affect recruitment or project delivery.