The most important categories
| Foreign person | Key condition |
|---|---|
| LLC owner or capital-contributing member | Contributed capital of at least VND 3 billion |
| JSC chairperson or Board member | Contributed capital of at least VND 3 billion |
| Certain intra-company transferees | Must satisfy the qualifying multinational-company and assignment conditions |
| Short-term expert, manager, or technician | Must fit the applicable short-stay and frequency limits |
| ODA/project specialist | Work must relate to qualifying ODA-funded programs or projects |
| Foreign lawyer | Must hold the required Vietnamese practice authorization |
| Foreign journalist | Must have the required Ministry of Foreign Affairs accreditation |
| Person married to a Vietnamese citizen | Must be residing legally in Vietnam |
| Priority-sector worker | Finance, science, technology, innovation, national digital transformation, or another designated priority field, with authority certification |
| Certain education, diplomatic, NGO, and international-agreement personnel | Must satisfy the relevant institutional or treaty conditions |
The VND 3 billion rule is particularly important: it applies to an LLC owner or member, and to a JSC chairperson or Board member with the required capital contribution. It is not a blanket exemption for every foreign shareholder or every person working for a foreign-invested company.
Capital threshold traps
Check these points before relying on the investor exemption:
- Contributed capital is not necessarily the same as registered charter capital. Confirm that the required amount has actually been contributed and can be documented.
- Role matters. A JSC investor may need to be the chairperson or a Board member; merely holding shares may not be enough.
- Ownership records matter. The person's name, role, and contribution should be reflected consistently in the enterprise and investment records.
- The exemption is personal. One exempt investor does not make the company's other foreign managers or employees exempt.
- Changing the structure can change eligibility. A contribution below VND 3 billion, resignation from the Board, or restructuring from an LLC into a JSC can affect the analysis.
- Do not confuse the exemption with an investor visa. Immigration status and the right to work should be reviewed as separate workstreams.
Certificate or notification?
A work-permit exemption may involve one of three different compliance outcomes:
- A formal confirmation that the worker is not subject to a work permit.
- A notification to the competent authority without a separate confirmation application.
- No work-permit procedure for a narrow category, although supporting evidence should still be retained.
For a VND 3 billion-or-more LLC owner or qualifying JSC Board member, current guidance indicates that the employer generally gives advance notification rather than applying for a separate exemption certificate; other categories may require an exemption-confirmation dossier.
Treat the procedural route as fact-specific. The employer should identify the category, collect the evidence, and file with the competent local authority before the foreigner begins working. The exact authority and filing process can depend on where the person will work and the applicable implementing rules.
Other exemptions to screen
Even if you are not a qualifying investor, check whether you fall into one of these common categories:
- You enter Vietnam for a genuinely short assignment within the applicable annual or per-visit limit.
- You provide urgent or technically complex assistance that cannot reasonably be performed by Vietnamese or already-available foreign specialists.
- You are transferred within a qualifying multinational enterprise.
- You work under an international treaty, diplomatic arrangement, or qualifying ODA project.
- You are a licensed foreign lawyer, accredited journalist, or qualifying education professional.
- You are legally residing in Vietnam as the spouse of a Vietnamese citizen.
- You have authority certification for work in a designated priority sector.
Short-term exemptions are not a safe substitute for a work permit if the person is effectively based in Vietnam, performs recurring operational work, exceeds the permitted frequency, or occupies a regular employee role. The employer should track entry dates, assignments, job title, work location, and actual duties.
Minimum compliance file
Before the start date, prepare:
- Passport and immigration documents.
- Employment or assignment agreement.
- Enterprise Registration Certificate and, where relevant, Investment Registration Certificate.
- Evidence of capital contribution and the investor's registered role.
- Board or members' resolutions appointing the person.
- Evidence supporting the relevant exemption category.
- Vietnamese translations and legalization or authentication where required.
- Exemption confirmation or notification evidence, if applicable.
- Internal records showing the permitted work location, title, duties, and duration.
The practical rule is: check the person's legal category first, then determine whether the result is a permit, an exemption certificate, a notification, or no filing. For a foreign founder, the VND 3 billion contribution and the LLC-versus-JSC governance role are usually the first two items to verify.