Decree 393/2026/ND-CP: Foreign Employees in Vietnam and Employer Obligations
Hiring foreign employees in Vietnam? Decree 393 changes who qualifies for a work permit exemption, what employers need to file, and when they need to act.
Decree 393/2026/ND-CP takes effect on 5 December 2026, replacing Decree 219/2025/ND-CP. Here are four changes for employers to review:
* Eligibility. The decree expands work permit exemptions and introduces a qualification route for experts with at least five years of relevant experience, without a degree requirement.
* Health certificates. Initial applications can use certificates from competent foreign medical facilities without a mutual-recognition agreement. Consular legalisation still applies unless an exemption is available. Extension applications no longer require health certificates.
* Extension timing. The filing window opens 90 calendar days before expiry. Employers must file at least 10 working days before expiry.
* Workplace changes. For new worksites or regular changes of workplace with the same employer, notify both the destination authority and the issuing authority at least three working days before work starts there.
Before the next filing, check which route applies to each employee, what documents you’ll need, and whether the transitional rules affect the application. DN Legal’s full update includes a filing timetable and practical guidance for employers.
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