Some foreigners can work in Vietnam without a work permit: owners or capital contributors of a company above a set investment level, certain board members, heads of representative offices, people married to a Vietnamese citizen and living in Vietnam, people on short assignments of under three months for specific purposes, licensed foreign lawyers, and others listed in the Labour Code and its decree. Being exempt rarely means doing nothing. In most cases the employer must still obtain a written confirmation of exemption from the provincial labour authority, and you still need the right visa or residence card.
Exemptions are among the most misunderstood parts of Vietnamese employment law. People hear that spouses do not need a permit and assume they can take any job immediately, or that company owners are free to work as they please. This guide explains the main exempt groups, what exempt status actually covers, and the documents still involved. The list is set by law and has been adjusted over time, so check the current version with the provincial authority before relying on it.
Why the exemption list exists
Vietnam's approach to foreign workers is built on a simple idea: a foreigner should fill a job only when the employer can justify it, and the state wants a record of who is working where. The work permit does both. Exemptions exist where that logic does not fit well, either because the person is effectively an owner or investor, because the stay is very short and tied to a specific task, because an international agreement says so, or because the person has strong family ties to Vietnam.
That reasoning explains why the exemptions are narrower than they look. An investor is exempt because he or she is running the business he or she put money into, not taking a job in someone else's. A short assignment is exempt because it is short and specific. If what you are really doing drifts away from the reason for the exemption, the exemption may no longer protect you.
It also explains the paperwork. The authorities still want the record, so in most exempt cases they issue a confirmation that the person is not subject to the permit requirement. Without that confirmation, an inspector visiting your workplace sees a foreigner working with no permit and no proof of exemption.
The main exempt groups at a glance
The Labour Code lists the categories, and the implementing decree adds detail and further cases. The table summarises the groups expats most often ask about. Thresholds and conditions change, so confirm the current wording before you plan around any of them.
| Group | What the exemption covers | Typical conditions to check |
|---|---|---|
| Owners or capital contributors of a limited liability company | Working in the company they own or contributed to | Capital value must meet the level set by the decree |
| Chair or board members of a joint-stock company | Board-level role in that company | Capital value requirement, as for owners |
| Head of a representative office or project of a foreign organisation | Running that office or project | Office properly licensed in Vietnam |
| Spouse of a Vietnamese citizen living in Vietnam | Working in Vietnam generally, not tied to one employer type | Valid marriage recognised in Vietnam, residence in Vietnam |
| Short-term entry to offer services or solve technical problems | Specific tasks of under three months | Purpose and duration documented by the inviting company |
| Foreign lawyers licensed in Vietnam | Practising law under the licence | Licence issued under Vietnam's Law on Lawyers |
| Cases under international treaties | Whatever the treaty provides | The treaty must apply to your nationality and role |
| Students and certain interns | Internships tied to study, under conditions | Agreement between school and host organisation |
The list in the decree is longer and includes specialised groups such as people working for international organisations, certain teachers placed under education agreements, and intra-company transferees in some service sectors. If your situation looks close to one of these, ask the employer or a qualified adviser to check the exact wording, because small differences decide whether you qualify.
Spouses of Vietnamese citizens
If you are married to a Vietnamese citizen and live in Vietnam, the Labour Code exempts you from the work permit requirement. For many families this is the single most useful rule in the whole system, because it removes the need to match a job category or prove years of experience.
Three practical points deserve attention. First, the marriage must be valid and recognised in Vietnam. If you married abroad, the marriage usually has to be recorded with the Vietnamese civil registry before you can rely on it, and that process takes time. Second, the exemption covers the permit, not your right to stay. You still need a visa or residence card in the family category, which you apply for through the immigration office with your spouse as sponsor. Third, employers may still need to obtain confirmation that you are exempt and report your employment, so give HR a copy of your marriage documents early.
The exemption does not override sector rules. If you want to work as a doctor, teacher or lawyer, the professional licensing requirements for that field still apply. Being exempt from a work permit does not make you licensed.
Owners, investors and board members
Foreigners who contribute capital to a Vietnamese company, or own one outright, are exempt from the permit when the capital they hold meets the level set by the government decree. The same applies to the chair and members of the board of a joint-stock company. The point is to let investors run their own businesses without proving they are irreplaceable.
The threshold matters. A small token stake in a friend's company does not make you exempt; the decree sets the minimum capital value, and authorities look at the registered figures. If you hold less, you need a permit like any other employee, typically as a manager or executive director. Investors usually hold an investor visa or residence card of the ĐT category, whose length depends on the scale of the investment.
Exempt owners often take on day-to-day roles, which is fine as long as the work is in the company they own. Taking a second job elsewhere is a different matter: the exemption covers your own company, not employment with another organisation. If you plan to work across several businesses, discuss the structure with an accountant or lawyer before you start.
Short assignments and visiting specialists
Companies regularly fly in engineers to commission a machine, consultants to run a training week, or sales staff from a foreign supplier to negotiate a contract. The decree recognises several short-term cases, chiefly people entering for under three months to offer services or to deal with complex technical or technological problems that local staff cannot handle. These visits are exempt from a permit, but they are defined by purpose and duration.
The inviting company should keep the paper trail: the contract or work order that explains why the visitor is needed, the dates, and the confirmation or report the authority requires for that category. The visitor enters on a visa that matches a working visit rather than tourism. Where people get into trouble is the pattern rather than the single trip: the same foreign specialist arriving every few months to do what is, in substance, a continuing job. At that point the company should be applying for a permit, and inspectors and immigration officers are well aware of the pattern.
Getting the confirmation of exemption
Where confirmation is required, the process is lighter than a full permit but follows a similar pattern. The employer usually leads, and the steps look like this.
- The employer checks which exemption applies and whether confirmation is required for that category.
- You provide the evidence: the marriage record for spouses, the company registration and capital records for owners, the assignment letter for short-term cases, or the licence for lawyers.
- Foreign documents are legalised and translated into Vietnamese where needed, as for a work permit.
- The employer submits the request to the provincial labour authority, often online first.
- The authority issues a written confirmation that you are not subject to the work permit requirement for that role.
- You use the confirmation to obtain the correct visa, often the LĐ1 category for exempt workers, or a residence card in the relevant category.
Keep the confirmation with your passport copy at work. It answers the first question any inspector will ask.
Common misunderstandings
"Exempt means no paperwork." Almost never. You usually need a confirmation, and you always need a visa or residence card that matches your situation.
"Short assignments can be stretched." The short-term exemptions have a time limit and a purpose. Repeated entries that add up to a permanent job are what the permit system exists to capture.
"Being married lets me take any job." It removes the permit, not professional licensing, age rules, or sector restrictions. Teaching, medicine and law have their own requirements.
"A small investment makes me an owner." The capital threshold is set by decree. Below it, you are an employee in the eyes of the law and need a permit.
"My exemption follows me." Most exemptions relate to a specific role or company. If you change position or employer, check again, and ask whether a fresh confirmation is needed for the new role before your first day.
"Someone at the office said it was fine." Informal reassurance is worth nothing during an inspection. If an exemption applies, the evidence should be in writing: the confirmation, the marriage or company records, and a visa that matches.
Exempt does not mean outside the system
People who qualify for an exemption sometimes assume they sit outside Vietnamese employment law altogether. In practice the rest of the system still applies. If you are employed by a Vietnamese organisation, you sign a labour contract and are protected, and bound, by the Labour Code like any other employee. Employers generally report foreign staff, exempt or not, in their periodic labour reports.
Social insurance and health insurance are a second area people overlook. Whether a foreign employee must join the compulsory schemes depends on the type and length of the contract and on the current rules, not on whether the person needed a permit. Ask HR how your contract is treated and what appears on your payslip.
Personal income tax follows its own logic as well. Tax residence depends mainly on how many days you spend in Vietnam and where you have a home, not on your permit status, and an exempt owner drawing a salary from his or her company is taxed like anyone else. Our money, banking and tax section explains residence for tax purposes; for your own position, talk to the company accountant or a tax adviser.
Finally, the immigration side never disappears. Every exempt person needs a visa or residence card that matches the reason for being in Vietnam, and that document has its own expiry date to manage.
Câu hỏi thường gặp
Do spouses of Vietnamese citizens need any document at all to work?
They do not need a work permit, but employers commonly need to confirm the exemption with the labour authority and report the employment. The spouse also needs a valid visa or temporary residence card, usually in the family category. Keep the marriage registration and residence documents ready for HR.
What is the minimum investment to be exempt as a company owner?
The minimum capital value is set by government decree and has been revised over time, so we do not quote a figure here. Ask the provincial authority or a corporate lawyer for the current level, and check that the capital in your company records actually meets it.
Is an exempt worker on a different visa from a permit holder?
Usually yes. Workers with a permit typically receive the LĐ2 visa, while exempt workers typically receive LĐ1, and family or investor categories apply where the exemption is based on marriage or investment. Your residence card category follows the same logic.
Can a short business trip turn into exempt work?
Short visits to offer services or fix technical problems for under three months can be exempt if documented properly. Using repeated short trips to do what is really a full-time job is not what the exemption is for and can lead to refused entry or penalties.
Does a confirmation of exemption expire?
Yes, it is generally tied to the period of the assignment or role and to the employer. When the role changes or the period ends, check whether a new confirmation is needed. Your HR team or the provincial labour authority can confirm the current practice.