Important Updates
Important Updates
April 21, 2026 | Russia, Saudi ArabiaRussia/Saudi Arabia: Mutual Visa-Free Entry Forthcoming
April 24, 2026 | United StatesUnited States: April 2026 DOL PERM and PWD Processing Times
April 23, 2026 | United Kingdom, United StatesCitywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals
April 22, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
April 22, 2026 | Saudi ArabiaSaudi Arabia: Nitaqat Calculation Now Requires Online Contract Submission
April 21, 2026 | Russia, Saudi ArabiaRussia/Saudi Arabia: Mutual Visa-Free Entry Forthcoming
April 24, 2026 | United StatesUnited States: April 2026 DOL PERM and PWD Processing Times
April 23, 2026 | United Kingdom, United StatesCitywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals
April 22, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
April 22, 2026 | Saudi ArabiaSaudi Arabia: Nitaqat Calculation Now Requires Online Contract Submission
April 21, 2026 | Russia, Saudi ArabiaRussia/Saudi Arabia: Mutual Visa-Free Entry Forthcoming
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Decree Implements Labor Code Affecting Foreign Workers

January 15, 2021

insight-news-default

Country / Territory

  • VietnamVietnam

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • By way of a new Decree, the Vietnamese government has clarified certain provisions of the new Labor Code, which will impact the issuance of Work Permits, Work Permit Exemption Certificates, Work Permit Extensions and Cancellations. The following changes, among others, will come into effect on February 15, 2021:
    • Experts and specialists applying for Work Permits will need to have at least five years’ work experience and meet other requirements if they do not have at least a bachelor’s degree and at least three years’ work experience in a field relevant to the job position;
    • Foreign nationals entering Vietnam for short-term assignments will not require a Work Permit if the assignment is less than 30 days per trip and does not exceed three times per year;
    • Spouses of Vietnamese nationals will no longer require either a Work Permit or Work Permit Exemption Certificate to work in Vietnam; and
    • Employers/host entities will need to report all foreign nationals who are exempt from work authorization to the government.

The situation

The Ministry of Labor – Invalids and Social Affairs (MOLISA) in Vietnam has issued its Decree implementing the Labor Code, which will result in new guidelines that impact the issuance of Work Permits, Work Permit Exemption Certificates, Work Permit Extensions and Cancellations.

A closer look

The following key changes, among others, will come into effect on February 15, 2021:

CHANGE  DETAILS  IMPACT 

Change in qualification documents for experts/specialists and technicians

  • Experts and specialists applying for Work Permits will need to have at least five years’ work experience and a ‘practicing’ certificate relevant to the job position if they do not have at least a bachelor’s degree and at least three years’ work experience in a field relevant to the job position.
  • Currently, applicants must submit an expert certificate issued by a company overseas if they did not possess the required three years’ work experience and educational qualifications.
  • Technicians applying for a Work Permit will need to have at least five years’ work experience in a field relevant to the job position if they do not have the training certificate required in the previous Decree.
  • Currently, a technician must provide either (a) a training certificate in the targeted technical specialty, or (b) a training certificate in another related specialty of at least one year and have at least three years’ relevant work experience in the trained specialty. 

The longer experience requirement for foreign workers who are lesser educated will make it more difficult for such applicants to work in Vietnam.

Limited short-term assignments 

  • Foreign nationals entering Vietnam for short-term work trips for less than 30 days per trip (who are Work Permit exempt) are limited to three entries per year.
  • This change restricts the “30/90 day” rule, whereby foreign nationals on work trips lasting less than 30 days also benefit from unlimited entries, as long as their cumulative total stay does not exceed 90 days in a year.

Foreign nationals on short-term work trips will face a new entry limit on such trips. Frequent travelers and anyone who will need to work in Vietnam for more than 90 days should consult Fragomen for further assessment.

Work authorization for spouses of Vietnamese nationals

Spouses of Vietnamese nationals will no longer need to obtain either a Work Permit or a Work Permit Exemption Certificate to work in Vietnam.

Instead, employers of spouses of Vietnamese nationals will need to file a report with the Vietnamese government at least three days before the start of the spouse’s work in Vietnam.

Spouses should benefit from this rule as it eliminates the administrative requirements and costs associated with obtaining work authorization.

The Immigration Department is expected to issue policies and clarifications for this category of foreign employee. 

New reporting requirement for foreign nationals exempt from work authorization

  • Employers/host entities should report all foreign nationals who are exempt from work authorization (i.e., those not holding either a Work Permit or Work Permit Exemption Certificate) to the MOLISA or the provincial Department of Labor where the foreign national is expected to work at least three days before the start of the foreign national’s work in Vietnam.
  • Currently, there is no such reporting requirement.

The current Decree does not provide the format or the procedures for submission of these reports. However, MOLISA is expected to issue further clarifying Circulars. 

Limited Work Permit renewals 

  • Work Permit holders will only be allowed to extend a Work Permit once for up to two years (for a total maximum period of four years).
  • Currently, Work Permits can be extended an unlimited number of times.

It remains unclear as to whether foreign nationals who have applied for the maximum number of Work Permit extensions will need to apply for a new Work Permit or a reissuance. Fragomen is monitoring this closely and will report on any developments.

Reporting of Work Permit termination

  • Sponsoring entities will need to report terminations to the Department of Labor within 15 days from the end of the assignment or the expiry of the Work Permit.
  • This is not currently regulated in the Labor Law.

Employers will face yet another reporting requirement, adding to the administrative burden in the work authorization process.

 

Background

The new Labor Code was drafted in 2019, approved in 2020 by the national assembly and took effect on January 1, 2021, with this latest Decree issued to implement the new Code.  These revisions would be in line with the Vietnamese authorities’ typical timeframe for updating its rules on the management of foreign workers, which occurs every three to five years. 

Though some of the new provisions in the Decree may seem restrictive against foreign workers on their face (and more onerous for employers), there are also more positive provisions as well. This may signal the government’s intentions to replace the previous rules with tighter guidelines while continuing to welcome foreign talent.

Looking ahead

It is likely that the MOLISA will continue to issue guidance to further clarify the provisions in the new Decree and in particular the limitation on work permit renewals, as well as the various reporting requirements.   

We worked closely with Resident Vietnam in Vietnam to prepare this alert. This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • VietnamVietnam

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Work authorization

Ireland Immigrant Investor Programme: Is the “Golden Visa” Route Now Closed?

Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.

Learn more

Video

May 2026 Visa Bulletin | #MobilityMinute

Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.

Learn more

Awards

Citywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals

Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.

Learn more

Work authorization

Family Reunification in Switzerland: Key Scenarios, Requirements and Risks

Manager Quentin Pache outlines the main family reunification pathways available in Switzerland, highlighting key eligibility requirements, procedural deadlines and practical risks that frequently lead to delays or refusals. 

Learn more

Media mentions

The Sunday Times: How to Make Your Move from the UK to the NetherlandsLearn more

Brexit

UK–EU Youth Mobility: Progress, Trade-offs and the Reality of Agreement

UK Government Affairs Strategy Director Shuyeb Muquit explains how a possible UK–EU Youth Mobility Scheme could work in practice, what challenges remain and what it may mean for young people and employers.

Learn more

Awards

12 Fragomen Lawyers Named to 2026 Pro Bono Recognition List

Twelve Fragomen lawyers are recognized on the 2026 Pro Bono Recognition List, reflecting their commitment to providing free legal assistance to those in need.

Learn more

Media mentions

Times Higher Education: Share Agent ‘Bad Actor’ Data With Universities, Home Office Told

Senior Immigration Manager Jonathan Hill discusses new UK guidance suggesting the Home Office may use data to assess agent trust, raising questions about transparency and compliance demands.

Learn more

Video

Understanding Thai Visa Categories: Travel, Work, Study, Retirement and More

In this video, Partner Aim-on Larpisal provides a high-level overview of common Thai visa categories and how they are structured based on purpose of stay, including tourism, work, education and long-term residence.

Learn more

Work authorization

The H-1B Cap Lottery FY 2027 is Complete: What Employers Should Do Next

Partner Chad Blocker outlines what employers should do following completion of the FY 2027 H-1B cap lottery, explains the factors behind lower demand and higher selection rates and highlights key filing risks, timelines and alternative visa options to consider next.

Learn more

Media mentions

EB-5 Investors: May Visa Bulletin Advances EB-5 Dates for Chinese Investors, Cautions Retrogression for India

Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.

Learn more

Media mentions

Citywealth: Tens of Thousands Leave the Gulf for the UK, For Now

Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.

Learn more

Work authorization

Ireland Immigrant Investor Programme: Is the “Golden Visa” Route Now Closed?

Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.

Learn more

Video

May 2026 Visa Bulletin | #MobilityMinute

Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.

Learn more

Awards

Citywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals

Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.

Learn more

Work authorization

Family Reunification in Switzerland: Key Scenarios, Requirements and Risks

Manager Quentin Pache outlines the main family reunification pathways available in Switzerland, highlighting key eligibility requirements, procedural deadlines and practical risks that frequently lead to delays or refusals. 

Learn more

Media mentions

The Sunday Times: How to Make Your Move from the UK to the NetherlandsLearn more

Brexit

UK–EU Youth Mobility: Progress, Trade-offs and the Reality of Agreement

UK Government Affairs Strategy Director Shuyeb Muquit explains how a possible UK–EU Youth Mobility Scheme could work in practice, what challenges remain and what it may mean for young people and employers.

Learn more

Awards

12 Fragomen Lawyers Named to 2026 Pro Bono Recognition List

Twelve Fragomen lawyers are recognized on the 2026 Pro Bono Recognition List, reflecting their commitment to providing free legal assistance to those in need.

Learn more

Media mentions

Times Higher Education: Share Agent ‘Bad Actor’ Data With Universities, Home Office Told

Senior Immigration Manager Jonathan Hill discusses new UK guidance suggesting the Home Office may use data to assess agent trust, raising questions about transparency and compliance demands.

Learn more

Video

Understanding Thai Visa Categories: Travel, Work, Study, Retirement and More

In this video, Partner Aim-on Larpisal provides a high-level overview of common Thai visa categories and how they are structured based on purpose of stay, including tourism, work, education and long-term residence.

Learn more

Work authorization

The H-1B Cap Lottery FY 2027 is Complete: What Employers Should Do Next

Partner Chad Blocker outlines what employers should do following completion of the FY 2027 H-1B cap lottery, explains the factors behind lower demand and higher selection rates and highlights key filing risks, timelines and alternative visa options to consider next.

Learn more

Media mentions

EB-5 Investors: May Visa Bulletin Advances EB-5 Dates for Chinese Investors, Cautions Retrogression for India

Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.

Learn more

Media mentions

Citywealth: Tens of Thousands Leave the Gulf for the UK, For Now

Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.