BREAKING NEWS: Vietnam Work Permit Rules Change on December 5, 2026 – 5 Critical Updates Under Decree 393/2026/ND-CP

Vietnam Work Permit 2026 regulations are set for a major update on December 5, 2026, when Decree No. 393/2026/ND-CP officially takes effect, replacing Decree No. 219/2025/ND-CP. Employers must prepare for five critical changes affecting work permit applications, exemptions, documentation requirements, and submission deadlines.

Employers who continue preparing work permit applications using outdated requirements and forms after December 5, 2026, may face requests for additional documents, application amendments, or difficulties in obtaining approval.

Below are five important changes that HR departments and employers should review before the new regulations take effect.

68 SOLUTIONS – Professional Work Permit Consultation and Support in Vietnam

68 SOLUTIONS – Legal & Travel provides legal and administrative consultation and support for businesses, organizations, and foreign nationals working in Vietnam.

In light of the changes introduced under Decree 393/2026/ND-CP, 68 SOLUTIONS assists employers in reviewing eligibility requirements, checking application documentation, identifying suitable procedures, and preparing supporting documents for the issuance, reissuance, or extension of work permits and Certificates of Work Permit Exemption.

If your company is preparing applications during the transition from Decree 219 to Decree 393, our team can provide case-specific guidance to help you understand the applicable requirements and prepare accordingly.

Work Permit Exemption Certificate Applications Will Require Criminal Record Documentation

Under Decree 219, applications for a Certificate of Work Permit Exemption (hereinafter referred to as an “Exemption Certificate”) generally did not require a criminal record certificate.

However, effective December 5, 2026, Clause 6, Article 9 of Decree 393 introduces a requirement for a criminal record certificate or equivalent document confirming the applicant’s criminal record status for applications submitted under the standard Exemption Certificate procedure.

The document must have been issued within six months before the application submission date.

Employers should pay particular attention to the following exceptions:

• Where an application is submitted online and the competent authority can retrieve the required information from the criminal record database, the applicant is not required to provide a separate criminal record certificate under Article 7.
• Certain simplified Exemption Certificate procedures under Clauses 7 and 8, Article 9 do not require the criminal record documentation specified in Clause 6.
• Certain categories of foreign workers exempt from work permit requirements are only subject to notification procedures under Clause 4, Article 10, rather than an application for an Exemption Certificate.

For criminal record certificates or equivalent documents issued overseas, consular legalization, Vietnamese translation, and certification of the translation are required under Article 6, unless an exemption from consular legalization applies.

Obtaining these documents may take considerable time, particularly when foreign employees are currently overseas or need to obtain criminal record certificates from countries where they previously resided.

What employers should do: Identify the applicable exemption category for each foreign employee, determine the correct documentary requirements, and arrange criminal record documentation sufficiently early to ensure it remains valid at the time of submission.

Technical Workers Will No Longer Qualify for Intra-Company Transfers

This is one of the most significant changes for foreign-invested enterprises and multinational corporations transferring employees from overseas offices to Vietnam.

Under Clause 1, Article 3 of Decree 393, intra-company transfers are limited to foreign employees holding one of the following positions:

• Managers
• Executive Directors
• Experts

The foreign employee must also have been employed continuously by the overseas enterprise for at least 12 months, in addition to meeting the other conditions applicable to intra-company transfers.

As a result, technical workers will no longer qualify as a separate eligible category under the intra-company transfer arrangement.

However, this does not mean that all foreign engineers are prohibited from transferring to Vietnam. An engineer may still qualify for an intra-company transfer if classified as an expert and if all relevant eligibility requirements are satisfied.

Will Previously Issued Work Permits Remain Valid?

Under Clause 3, Article 35 of Decree 393, work permits or Exemption Certificates previously issued, reissued, or extended to technical workers under intra-company transfer arrangements will remain valid until their expiration dates.

For subsequent reissuance or extension, the employee must meet the requirements applicable to experts under Point e, Clause 3, Article 4, including having at least five years of relevant professional experience corresponding to the intended position in Vietnam.

What employers should do: Review all technical workers currently employed under intra-company transfer arrangements, check the expiration dates of their permits or certificates, and evaluate whether they meet the expert classification requirements or whether an alternative employment arrangement is necessary.

Application Deadlines Will Be Calculated in Working Days

A seemingly minor change that could significantly affect recruitment and foreign employee onboarding plans is the calculation of application submission deadlines.

Under Clause 1, Article 10 and Clause 1, Article 23 of Decree 393, applications for an Exemption Certificate or work permit must be submitted:

• At least 10 working days before the intended employment commencement date.
• No more than 60 calendar days before the intended employment commencement date.

By comparison, Decree 219 required submission at least 10 calendar days before the intended start date.

In practice, 10 working days generally represents approximately two calendar weeks, although the actual period may be longer when public holidays are involved.

For work permit or Exemption Certificate extensions, Clause 1, Article 17 and Clause 1, Article 29 of Decree 393 establish the following application window:

• At least 10 working days before the existing document expires.
• No more than 90 calendar days before its expiration date.

Employers must distinguish between these deadlines: the minimum 10-day requirement is calculated in working days, while the 60-day and 90-day limits are calculated in calendar days.

Continuing to use existing deadline-tracking systems without adjustment may result in applications being submitted outside the prescribed period.

What employers should do: Update internal work permit tracking systems, calculate application deadlines using working days, and account for weekends and public holidays when scheduling submissions.

Recruitment Notices for Vietnamese Workers Must Be Published at Least 5 Working Days in Advance

Under Form No. 03, Section II, Appendix I of Decree 393, employers hiring foreign employees under the working arrangements specified in Points a, i, and m, Clause 1, Article 2 must issue a recruitment notice seeking Vietnamese workers for the position intended to be filled by a foreign national.

The recruitment notice must be published at least five working days before the work permit application is submitted.

The relevant working arrangements include:

• Employment under a labor contract.
• Implementation of contracts or projects in Vietnam.
• Employment by foreign diplomatic representative offices or foreign organizations in Vietnam, where applicable under the specified provisions.

Employers may publish recruitment notices through the national employment exchange platform, employment service organizations, mass media, or their own official websites, in accordance with the regulations.

The recruitment notice must contain sufficient information regarding the job position, field of work, working arrangement, workplace, employment duration, required qualifications, and work experience, where applicable.

Notably, the new application form expressly includes work experience among the recruitment notice requirements.

Under Points c and d, Clause 6, Article 37, the qualifications and experience of the foreign employee proposed for recruitment must be consistent with the published recruitment requirements and must not fall below the stated standards.

Exception: Foreign employees holding the position of General Director or Director whose names are already recorded on the enterprise’s business registration certificate are exempt from this recruitment notification requirement, as specified in the instructions to Form No. 03.

Additionally, the recruitment notification requirement under Form No. 03 applies to relevant initial work permit applications and does not apply to work permit extensions.

What employers should do: Standardize recruitment notices under the new regulations, ensure consistency between the published requirements and the foreign employee’s qualifications, and retain evidence of the publication date.

New Application Forms Require Level-4 Economic Sector Codes and Level-5 Occupation Codes

Decree 393 introduces updated application forms under Appendix I, including Form No. 01 and Form No. 03, which are used in procedures relating to work permit exemptions and the issuance, reissuance, or extension of work permits.

According to the instructions accompanying these forms, employers must provide more detailed information regarding their business activities and the foreign employee’s occupation:

• Principal business activity: Use the Level-4 economic sector code under Decision No. 36/2025/QD-TTg.
• Intended occupation or job: Use the Level-5 occupation code under Decision No. 34/2020/QD-TTg.
• Where no corresponding occupation code exists, clearly specify the relevant job or occupation.

Continuing to use outdated codes or overly general job descriptions may result in requests to amend or supplement the application to comply with the updated forms.

Employers should ensure that the occupation code, job title, field of work, and supporting documents demonstrating the employee’s qualifications and professional experience are consistent.

What employers should do: Update internal application templates, review the applicable economic sector and occupation codes, and verify consistency across all supporting documents before submission.

Good News: Work Permit Extension Procedures Will Become Faster and Simpler

Alongside these new requirements, Decree 393 introduces several favorable changes for employers and foreign employees.

The most notable improvements concern work permit extension procedures.

Faster Processing Time

Under Clause 3, Article 29, the statutory processing time for work permit extension applications will be reduced from 10 working days to five working days, calculated from the date the competent authority receives a complete and valid application.

Extended Application Window

Employers will be permitted to submit extension applications up to 90 calendar days before the work permit expires, compared with the previous 45-day limit.

However, applications must still be submitted at least 10 working days before the expiration date.

Reduced Documentation Requirements

Under Article 28, work permit extension applications will no longer require a medical examination certificate.

Additionally, the Vietnamese worker recruitment notification requirement under Form No. 03, Section II applies to initial work permit applications in the prescribed cases, rather than extension applications.

Greater Flexibility for Medical Certificates Issued Overseas

Under Clause 2, Article 19, medical examination certificates issued by authorized foreign healthcare facilities will be accepted if issued within 12 months before the application submission date.

Medical certificates issued overseas must still undergo consular legalization, translation into Vietnamese, and certification of the translation under Article 6, unless an exemption from consular legalization applies.

These changes are expected to give employers more time to prepare applications, reduce administrative paperwork, and improve their ability to maintain foreign employees’ lawful working status in Vietnam.

Frequently Asked Questions About Decree 393/2026/ND-CP

Which Regulations Apply to Work Permit Applications Submitted Before December 5, 2026?

Under Clause 2, Article 35 of Decree 393, applications for the issuance, reissuance, extension, or revocation of work permits or Exemption Certificates submitted before December 5, 2026, will continue to be processed under Decree 219.

Certain extension applications covered by the separate transitional provisions under Clause 5, Article 35 will be processed according to the applicable provisions.

Must Previously Issued Work Permits and Exemption Certificates Be Replaced?

No.

Under Clause 1, Article 35 of Decree 393, work permits and Exemption Certificates issued, reissued, or extended under Decree 219 and Decree No. 70/2023/ND-CP will remain valid until their respective expiration dates.

Subsequent issuance, reissuance, or extension procedures must comply with Decree 393 and its applicable transitional provisions.

How Many Times Can a Work Permit Be Extended?

Under Article 30 of Decree 393, a work permit may be extended only once, for a maximum extension period of two years.

If a foreign employee has already received a work permit extension and intends to continue working in the same position and field, the employer must apply for a work permit under Clause 3, Article 21.

The application must be submitted at least 10 working days and no more than 60 calendar days before the existing work permit expires.

What Should Employers Prepare Before December 5, 2026?

The changes introduced by Decree 393 will affect not only application documentation but also recruitment planning, work permit expiration management, and foreign workforce arrangements.

Employers should proactively review pending applications, work permits approaching expiration, and foreign recruitment plans scheduled for implementation after December 5, 2026.

Particular attention should be given to Exemption Certificate applications, employees working under intra-company transfer arrangements, and positions requiring Vietnamese worker recruitment notices.

Early preparation can help minimize requests for additional documentation and reduce the risk of disruptions to foreign employee onboarding and workforce management.