A new government decree on foreign workers in Vietnam takes effect on 5 December 2026, according to a legal summary by LuatVietnam. Decree 393/2026/ND-CP was issued on 20 October and replaces Decree 219/2025/ND-CP.
The decree covers the conditions, dossiers and procedures for granting, re-granting, extending and revoking work permits and work permit exemption certificates. It also covers the temporary transfer of foreign workers under Article 157 of the Labour Code.
Several categories are exempt from a work permit under Article 8 of the decree, in addition to the cases in Clauses 3 to 8 of Article 154 of the Labour Code. The summary lists owners or capital-contributing members of limited liability companies with contributed capital of VND3 billion or more, chairpersons or board members with contributed capital of VND3 billion or more, volunteers, and foreign workers married to Vietnamese citizens and residing in Vietnam.
An employer must submit a work permit application "at least 10 working days, but no more than 60 days" before the expected start date. The authority then has 10 working days from receiving a complete dossier to approve it, and must give a written reason if it refuses.
A permit's duration follows the labour contract, the period in the sending document or the term of the relevant contract, and cannot exceed two years. An extension also cannot exceed two years. Provincial People's Committees grant, re-grant, extend and revoke permits and exemption certificates in their areas, and may delegate those tasks to competent agencies.
The summary does not cover employer reporting duties, penalties or any 90-day short-term rule, and it does not describe transitional arrangements beyond replacing Decree 219. Foreign workers and their employers should read the decree itself, or ask the provincial labour authority, before relying on a specific threshold.
Sources
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