Vietnam’s competition for foreign talent is entering a new phase. On October 20, 2026, the government issued Decree No. 393/2026/ND-CP, establishing a consolidated framework for foreign workers and exempting 18 categories of individuals from the work-permit requirement. The decree takes effect on December 5.
The measure reflects Vietnam’s effort to attract foreign investment, advanced technical expertise and internationally mobile professionals while reducing administrative barriers to employment. Its scope reaches beyond investors and corporate transferees to include certain foreign spouses of Vietnamese citizens, specialists in strategic technologies, and personnel recruited under the national artificial intelligence development programme.
Yet the reform should not be mistaken for an unrestricted opening of the labour market. Work-permit exemption does not necessarily mean exemption from all administrative procedures. Depending on the category, an employer may still need to obtain a Work Permit Exemption Certificate (WPEC), submit supporting documents, or notify the competent labour authority before work begins.
The decree therefore presents a dual proposition: Vietnam is making it easier for selected foreign professionals to work in the country, while preserving a system of eligibility checks and regulatory oversight. Whether that balance succeeds will depend not only on the legal text, but also on how consistently it is implemented.
The 18 Exemptions: Who Gets Through The New Gate?
Article 8 of Decree No. 393/2026/ND-CP sets out the 18 categories of foreign workers who are not subject to the ordinary work-permit requirement. The categories span investment, corporate mobility, public and development projects, education, family circumstances and strategic technology.
The investor provisions are among the most commercially significant. Owners and capital-contributing members of limited liability companies, as well as chairpersons and members of the boards of joint-stock companies, may qualify where their capital contribution reaches at least VND 3 billion. The threshold concerns the individual’s qualifying capital contribution and legal role; it does not mean that every foreign employee working for a company with registered capital of VND 3 billion or more is exempt.
Other categories include foreign nationals responsible for establishing a commercial presence in Vietnam; certain people working on projects involving official development assistance, non-refundable aid or preferential loans; and individuals operating in defined roles for international organisations or in connection with government-authorised activities.
The decree also addresses professional mobility. Intra-corporate transferees may qualify when they work in service sectors covered by Vietnam’s commitments under the World Trade Organization. These commitments encompass 11 service sectors, including areas such as finance, telecommunications and construction. The exemption is tied to the relevant conditions and should not be read as a blanket allowance for every employee transferred within a multinational group.
Short-term technical specialists are another important category. The exemption framework provides a route for certain foreign professionals entering Vietnam for limited periods to perform technical or specialised tasks. The precise duration, activity and procedural requirements matter: a short assignment is not automatically exempt merely because it is brief.
Education-related exemptions also have defined boundaries. Certain individuals holding master’s degrees or higher qualifications in STEM, science, technology, digital transformation, finance, economics or business administration may qualify when engaged in teaching or scientific research at an educational institution. Doctoral holders, professors and associate professors may be covered in specified teaching, research or academic-exchange settings. These provisions should not be interpreted as a general exemption for all highly educated foreign professionals working in the private sector.
The decree further recognises family circumstances. Foreign nationals married to Vietnamese citizens and residing in Vietnam may fall within the relevant exemption provisions. In addition, eligible relatives of foreign specialists working in strategic technologies are covered under a specific category.
Finally, two categories carry particular strategic significance. Foreign specialists working in fields included in the lists of strategic technologies and strategic technology products issued by the Prime Minister may be exempt. Foreign workers recruited under the national AI human-resource development programme are also included, subject to the programme’s applicable conditions.
The breadth of these categories is deliberate. Rather than treating foreign labour as a single administrative class, the framework differentiates among individuals according to their investment, expertise, role, activity and connection to national priorities. Its practical value, however, depends on whether applicants and employers can identify the correct category and demonstrate that its conditions are met.
A Waiver Is Not a Free Pass: The Compliance Rules Behind The Reform
The most consequential distinction in the new framework is between being exempt from a work permit and being free from administrative procedures.
For many exempt workers, the employer must still apply for a Work Permit Exemption Certificate. The WPEC is not a work permit; it is formal evidence that the individual falls within an exemption category. The employer must submit the required dossier within the applicable period, and the competent authority must process the application in accordance with the decree.
A separate route applies to certain categories that require notification rather than the ordinary WPEC procedure. Under the relevant provisions, employers must notify the competent labour authority at least three working days before the foreign worker begins the assignment. The notification route is not interchangeable with the WPEC process, and not every exemption category qualifies for it.
This distinction is especially important for employers planning short-term technical assignments. The duration of an assignment, the nature of the work and whether the individual is engaged under a local employment relationship can affect the applicable route. The decree’s short-term provisions also impose conditions on the cumulative period of work. Employers should therefore avoid assuming that separate assignments, different project sites or multiple entities automatically create independent allowances.
Nor should employers presume that the strategic-technology and AI categories are subject to the simplified notification procedure. These categories are not included in the list of cases that rely solely on notification under the relevant provisions. The default procedural route may still involve a WPEC, unless another applicable rule provides otherwise.
For businesses, the immediate challenge is procedural accuracy. A worker may meet the substantive conditions for exemption while the employer still fails to complete the required filing. In that situation, the practical benefit of the exemption can be undermined by a compliance error.
The Talent Race Is About More Than Lowering Barriers
Vietnam’s reform arrives amid intensifying competition across Southeast Asia for internationally mobile professionals. Singapore has developed specialised routes such as the Overseas Networks and Expertise Pass, while Malaysia has promoted programmes including DE Rantau to attract selected categories of global talent and remote professionals.
These programmes are not directly equivalent to Vietnam’s work-permit exemptions. They differ in eligibility, immigration status, employment conditions and policy objectives. Still, the regional comparison highlights a common reality: the ability to recruit and retain skilled professionals increasingly influences where investment, research and high-value business activity take place.
Vietnam’s approach is more targeted than a general invitation to foreign workers. The VND 3 billion capital-contribution threshold signals an interest in attracting investors with a substantial financial stake. The provisions for intra-corporate transferees recognise the importance of moving expertise and management capability within multinational organisations. The strategic-technology and AI categories indicate that the state is prioritising particular fields in its economic development agenda.
This selectivity may help direct administrative flexibility toward activities considered valuable to the economy. But its effectiveness will depend on clear eligibility criteria and predictable application. Even a well-designed exemption can deter investment if employers cannot anticipate how it will be interpreted or applied.
Talent Moves With Families, Not Just Job Offers
The inclusion of certain foreign spouses of Vietnamese citizens and family members of strategic-technology specialists recognises a factor often overlooked in talent policy: international recruitment is frequently a household decision.
A senior professional may be willing to accept a position in Vietnam, but the feasibility of relocation can depend on whether a spouse can work, whether family members can establish stable residence, and whether the administrative burden is manageable. These considerations can be particularly significant for specialists whose skills are in high demand across several countries.
The marriage-related exemption is meaningful for foreign nationals who are married to Vietnamese citizens and reside in Vietnam. It can reduce the need to navigate the ordinary work-permit process, allowing eligible individuals to pursue employment without treating their family circumstances as unrelated to their professional status.
The exemption for eligible relatives of strategic-technology specialists similarly reflects the role of family stability in attracting internationally mobile talent. It does not, however, eliminate immigration, residence or other applicable legal requirements. Nor should it be understood as a general right for every family member of every foreign worker to work in Vietnam.
The policy’s wider implication is that talent attraction is not only about salary, tax or the speed of a work authorisation. It is also about whether professionals can build a life in the country. By recognising family circumstances within the exemption framework, Vietnam is addressing one part of that broader equation.
A Strategic Signal, Not A Technological Shortcut
The inclusion of strategic-technology specialists and workers recruited under the national AI human-resource development programme is among the decree’s most forward-looking elements.
Vietnam has made the development of advanced technology, digital transformation and high-value manufacturing central to its economic ambitions. The ability to recruit experienced specialists in AI, semiconductors and other strategic fields can support the transfer of knowledge, the development of local teams and the expansion of research and production capabilities.
The exemption provisions signal that the government is prepared to differentiate these professionals from the broader foreign workforce. Yet a legal exemption alone cannot create a technology ecosystem.
The country’s ability to attract and retain specialists will also depend on research infrastructure, access to capital, institutional capacity, career opportunities and the quality of collaboration between foreign experts and domestic teams. Professionals may be drawn by a simplified employment procedure, but they are more likely to remain where they can undertake meaningful work and build durable professional networks.
The policy also raises an implementation question: how will eligibility be established in practice? Strategic-technology categories are linked to official lists, while AI-related recruitment is tied to a national programme. Employers will need to verify the relevant classification and documentation rather than rely on a job title or a general claim that the work involves advanced technology.
This is a targeted signal of openness, not a shortcut around the broader requirements of technological development. The exemption can reduce one obstacle to recruitment; it cannot substitute for the institutions and conditions that make talent productive.
The Implementation Test Begins Before December 5
With the decree taking effect on December 5, employers should begin reviewing their foreign workforce and planned assignments before the implementation date.
A practical review should identify individuals who may fall within one of the 18 categories, confirm the exact legal basis for each exemption, and determine whether the case requires a WPEC, a notification or another applicable procedure. Employers should also verify filing deadlines, supporting documents and any conditions attached to the individual’s role, employer, work location or activity.
Existing work permits and exemption certificates require particular attention. Eligibility under the new decree should not be taken to mean that an employer can simply disregard a document that remains in force. Businesses should assess whether the individual should continue working under the current authorisation or transition to the new framework, and whether a change in employer, position, sector or work location triggers a new procedure.
The review should also account for requirements beyond work permits. Immigration status, residence, professional licences and employment documentation may remain relevant. A work-permit exemption does not automatically confer a visa, residence right or professional authorisation.
For multinational companies, the short-term assignment rules warrant central coordination. Human-resources and mobility teams should track assignments across relevant entities and locations, verify cumulative periods and ensure that notifications are submitted in time. Decentralised recordkeeping can create avoidable compliance risks when a worker’s assignments are distributed across multiple projects or business units.
Vietnam Is Opening The Door, But Keeping Its Hand On The Gate
Decree No. 393/2026/ND-CP signals a broader ambition: to move Vietnam beyond its traditional role as a low-cost manufacturing destination and toward a more consequential position in the global technology economy. By expanding exemptions for investors, specialised professionals and strategic-technology talent, the country is seeking to attract the expertise needed to move up the global value chain.
Yet opening the door is only half the task. The reform’s impact will depend on whether employers can navigate its procedures with confidence and whether implementation is consistent across local authorities. A broader framework will deliver its full value only when procedures are clearly communicated and implemented consistently.
December 5 will mark the beginning of that test.