Important Updates
Important Updates
April 9, 2026 | JapanJapan: Tightened Documentation Requirement and Introduction of Language Requirement for Certain Work Visas
April 10, 2026 | CanadaCanada: New Immigration Oversight Framework Proposed in Alberta
April 10, 2026 | ColombiaColombia: System Updates to SITAC Platform Cause Temporary Immigration Processing Delays
April 10, 2026 | EcuadorEcuador: Online Visa System Rollout Causes Processing Delays
April 10, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
April 9, 2026 | JapanJapan: Tightened Documentation Requirement and Introduction of Language Requirement for Certain Work Visas
April 10, 2026 | CanadaCanada: New Immigration Oversight Framework Proposed in Alberta
April 10, 2026 | ColombiaColombia: System Updates to SITAC Platform Cause Temporary Immigration Processing Delays
April 10, 2026 | EcuadorEcuador: Online Visa System Rollout Causes Processing Delays
April 10, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
April 9, 2026 | JapanJapan: Tightened Documentation Requirement and Introduction of Language Requirement for Certain Work Visas
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

The Evolution of Vietnam’s Regulations on Foreign Workforce

January 31, 2015

Marco Deutsch

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

By: Thanh Ton and Nicolas Bitar

At the end of 2014, the number of registered foreign employees in Vietnam had increased to over 100,000 from around 55,000 in 2012. In November 2013, the Vietnamese government implemented a new regulation (Decree 102) on the management and recruitment of foreign talent.
 
The regulation implements the new provisions of the Labour Code (effective May 2013). The purpose of the regulation was threefold: to better regulate and protect the local labour market; to tighten the requirements of the work permit regime; and to align the Vietnamese Labour Code with the government’s commitments under the World Trade Organization (WTO) Service Agreement.
 
What are the changes?
 
The key changes brought about by the new regulation are most notably:
 
  1. Reduction of the maximum duration of a work permit from 3 to 2 years. 
  2. Introduction of an additional level of governmental approval before a work permit application can be lodged. 
  3. Removal of extensions to work permits. Under the new regulation, foreign employees must apply for re-issuance instead. In addition, the requirements for re-issuance have increased, including a new medical check-up and local police clearance.
 
The changes were not well received by the foreign business community in Vietnam, which perceived the new regulation as not only tightening control of foreign workers but also adding red tape to the already lengthy and inefficient process.
 
Despite this perception, in practice, the implementation of the new regulation, particularly with the re-issuance of work permits and work permit exemption applications, varies amongst the different provinces and local competent authorities, leaving much to their administrative discretion.
 
In a twist contradictory to the tightening measures, the new regulation actually expanded the work permit exemption categories to include the eleven sectors in the WTO Service Agreement. At the time of implementation, however, there were no clear guidelines or clarification on the requirements of the exempted categories and companies were told to wait for the implementing Circular.
 
The Implementing Circular on Work Permit Exemption Categories
 
After a year of waiting, on 5 November 2014, the Ministry of Industry and Trade finally issued Circular 41 announcing the work permit exemptions for intra-company transferees within the eleven service industries listed under Vietnam’s WTO commitments. The industries include financial services, education, transportation and business services, to name a few.
 
While this Circular took effect on 22 December 2014, its implementation criteria have yet to be clarified by the local authorities. There are still uncertainties with respect to its interpretation and applications on the eligibility requirements.
 
At the time of writing, companies were advised by Departments of Labour across the country that their concerns will be clarified in the upcoming months after internal discussions and guidance from the Ministry of Industry and Trade.
 
It should be noted that this circular was adopted under very short deadlines, compared to previous regulations in the field, and comes into effect a few weeks before the implementation of a new law on immigration (which has come into effect to align with the full reformation of foreign labor laws in Vietnam). As it is currently implemented, the new immigration law effectively removes the possibility to enter Vietnam with a visa on arrival for business related trips. As such, it indirectly strengthens the importance of embassies and consulates and greatly restricts the possibility of the employee to be in-country before his work permit is issued.
 
What can we expect?
 
With the new reforms of the labor regulations recently announced and due in early 2015, it is still difficult to determine which direction the work permit regulations will take in the course of the year. However, as an example, with the new Work Permit Exemption regulation announced, one can hope that the authorities are taking feedback from the business community seriously and attempting to provide further clarity to streamline the processes.
 
Under the above backdrop, we anticipate the new work permit exemption regulations will have a positive impact on the management of foreign talent in certain industries. It seems that the work permit exemption process may well be shifting from an employee- and activities-based adjudication to an employer- and industry-based assessment. That being said, the full extent of the exemption regulation will only be seen once further clarification is received from the implementing authorities. The silver lining to this lack of clarity of course is local flexibility. This means that the local authorities may allow room for administrative discretion and practical, more business-friendly solutions.

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

Media mentions

Aviation Business News: A Tough Runway to UK Settlement - UK Aviation and the Impact of the Settlement Changes

Manager Adam Hickling outlines how proposed UK settlement reforms may affect the aviation sector’s ability to attract and retain skilled engineers and technicians.

Learn more

Video

Business Travelers into Switzerland | #MobilityMinute

Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.

Learn more

Video

Mexico: Bienvenidos! Immigration Rules for the World Cup in Mexico | #FragomenFC - Ep.17

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.

Learn more

Video

Brazil Offshore Visa: Key Requirements Explained

Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.

Learn more

Media mentions

EB-5 Investors: Silicon Valley emerges as EB-5 hotspot for H-1B and F-1 visas

Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.

Learn more

Media mentions

EB-5 Essentials: EB-5 for Africa and MENA: Processing Timelines, Travel Bans, and the 2026 Deadline

Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.

Learn more

Work authorization

German Offshore Wind Expansion: Compliance Essentials for Third-Country Nationals

Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.

Learn more

Work authorization

EU Entry/Exit System (EES) and Schengen Overstays: New Risks and Legal Solutions

Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.

Learn more

Video

Welcome to the Great White North—Immigration Behind the Beautiful Game | #FragomenFC - Ep. 16

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.

Learn more

Media mentions

Bloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers

Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.

Learn more

Media mentions

Care Talk Business: What the Casey Commission Means for Social Care’s Workforce

Manager Asif Hanif, Senior Immigration Consultant Georgia Marshall and Immigration Consultant Inderjit Kaur examine how the Casey Commission could reshape workforce models, immigration policy and international recruitment in UK adult social care.

Learn more

Video

Staatsangehörigkeit Allgemein | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.

Learn more

Media mentions

Aviation Business News: A Tough Runway to UK Settlement - UK Aviation and the Impact of the Settlement Changes

Manager Adam Hickling outlines how proposed UK settlement reforms may affect the aviation sector’s ability to attract and retain skilled engineers and technicians.

Learn more

Video

Business Travelers into Switzerland | #MobilityMinute

Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.

Learn more

Video

Mexico: Bienvenidos! Immigration Rules for the World Cup in Mexico | #FragomenFC - Ep.17

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.

Learn more

Video

Brazil Offshore Visa: Key Requirements Explained

Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.

Learn more

Media mentions

EB-5 Investors: Silicon Valley emerges as EB-5 hotspot for H-1B and F-1 visas

Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.

Learn more

Media mentions

EB-5 Essentials: EB-5 for Africa and MENA: Processing Timelines, Travel Bans, and the 2026 Deadline

Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.

Learn more

Work authorization

German Offshore Wind Expansion: Compliance Essentials for Third-Country Nationals

Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.

Learn more

Work authorization

EU Entry/Exit System (EES) and Schengen Overstays: New Risks and Legal Solutions

Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.

Learn more

Video

Welcome to the Great White North—Immigration Behind the Beautiful Game | #FragomenFC - Ep. 16

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.

Learn more

Media mentions

Bloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers

Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.

Learn more

Media mentions

Care Talk Business: What the Casey Commission Means for Social Care’s Workforce

Manager Asif Hanif, Senior Immigration Consultant Georgia Marshall and Immigration Consultant Inderjit Kaur examine how the Casey Commission could reshape workforce models, immigration policy and international recruitment in UK adult social care.

Learn more

Video

Staatsangehörigkeit Allgemein | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.

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
  • 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.