The Vietnamese Government has issued Decree No. 393/2026/ND-CP on foreign workers in Vietnam. The decree will take effect on December 5.
The first group covers foreigners listed in Clauses 3, 4, 5, 6, 7 and 8 of Article 154 of the Labor Code. They include owners or capital-contributing members of limited liability companies whose capital contribution meets the level set by the Government; chairpersons and members of the boards of directors of joint-stock companies with the required capital contribution; heads of representative offices and projects, and people principally responsible for the operations of international organizations and foreign non-governmental organizations in Vietnam; foreign lawyers licensed to practice law in Vietnam; and foreigners married to Vietnamese citizens and living in Vietnam.
The rule also applies to owners or capital-contributing members who hold at least VND 3 billion in a limited liability company, and chairpersons or board members who hold at least VND 3 billion in a joint-stock company.
Some foreigners entering Vietnam to provide professional or technical consultancy services, or to carry out tasks related to programs and projects financed by non-refundable aid, official development assistance (ODA) or concessional loans under approved or signed international documents, agreements and treaties, will also be exempt.
The category also includes foreign journalists working in news and press activities who have confirmation from the Ministry of Foreign Affairs; people sent by authorized foreign agencies and organizations to teach, manage or serve as executive directors at certain educational institutions; and family members of staff of foreign representative offices who are allowed to work under international treaties to which Vietnam is a party.
The decree exempts foreign pupils, students and trainees studying in Vietnam or abroad who have an internship agreement or an invitation to work at an agency, organization or company in Vietnam; trainees and interns on Vietnamese ships; and foreigners holding official passports who come to work for state agencies, political organizations or socio-political organizations.
The list also includes foreigners responsible for establishing a commercial presence in Vietnam, volunteers, and people entering Vietnam to carry out international agreements signed by central or provincial agencies and organizations under the law.
Priority for strategic technology and artificial intelligence specialists
The decree adds exemptions for foreigners working at educational institutions who participate in teaching, research, or the transfer of international education programs and education and training cooperation programs.
People with a master's degree or higher in STEM, science, technology, digital transformation, finance, economics or business administration who take part in teaching or scientific research are also exempt.
The same rule applies to people with doctoral degrees who teach or conduct research at vocational or higher education institutions, as well as professors and associate professors who teach, conduct research or take part in academic exchanges at these institutions.
Other categories include people confirmed by a ministry, ministerial-level agency or provincial-level people's committee; holders of special visa-exemption cards under Decree No. 221/2025/ND-CP; strategic technology specialists and their family members; and people recruited under the Prime Minister's National Program for Developing Artificial Intelligence Human Resources.
Sources: Thanh Niên
