WHAT HAPPENED
The Vietnamese government has issued Decree No. 393/2026/NÄ-CP, which explicitly lists 18 categories of foreign workers exempt from the requirement to obtain a work permit. This was reported by the official publication BaoChinhPhu, the English-language version of the government portal. The document was published in October 2026, and VnEconomy clarifies the wording: it refers specifically to 18 groups for which the work permit procedure is no longer required.
Among the categories cited by official and industry sources are enterprise managers, heads and deputy heads of departments and agencies, foreign experts in fields from the approved list of strategic technologies, lecturers and researchers at certain educational institutions, as well as specialists certified by relevant ministries or provincial authorities. The full list of 18 items is contained in the text of the decree; a legal analysis is published by LuatVietnam.
There is a discrepancy in the public domain regarding the timeline, and it is worth keeping in mind. The official publication is October 2026, while Tuoi Tre News writes that the new rules take effect on December 5, 2026. Decree 393/2026 is not the first step of the reform: it was preceded by Decree 219/2025/ND-CP (in force since August 7, 2025) and Decree 70/2023/ND-CP, which had already expanded the grounds for work permit exemption and shortened application processing times, including the ten-working-day rule under Decree 219.
WHAT IT MEANS
For Russian e-commerce, this decree is about operational costs for a local team, not abstract "immigration policy." Until now, launching a Vietnamese unit for most sellers looked like this: one or two people on the ground (operations manager, marketplace specialist), plus an expatriate manager or technologist, plus an outsourced lawyer and accountant. Each work permit means a package of documents, medical certificates, a police clearance certificate with apostille, translations and legalization, as well as time: weeks for collection and waiting. Exempting entire categories removes part of this puzzle.
The second effect is structural. Vietnam is consistently moving from a permit-based regime to a notification-based one for those who already undergo ministerial certification. If a specialist is already certified by a relevant ministry or provincial authorities, requiring a work permit from them as well is double work for all parties. For the seller, this means it is possible to legally keep a technical production expert or strategic manager in the country without a separate permit track. According to KPMG Vietnam Outlook 2026, FDI and manufacturing investment inflows in 2025â2026 remain high, meaning competition for qualified foreign specialists on the ground is growingâand simplifying access to them is becoming a factor that all expat teams, not just Russian ones, are competing for.
The third effect is the risk of misinterpretation. The phrase "18 categories" sounds like "everyone is allowed," but that is not the case. The exemption is tied to the type of employment, certification, and a specific list. A seller who decides that now any of their employees can work without a work permit will face fines and visa renewal problems. Legal verification is essential here, not reading news headlines.
The fourth effect is HR strategy. If some roles can be filled without a work permit, the very logic of market entry changes: first bring in the manager and technologist under an exempt category, then hire local operators, rather than the other way around. This accelerates the launch of a local unit by months and reduces the cost of entry in a category where speed is decisive.
VIETSMART EXPERT COMMENTARY
In operations in Ho Chi Minh City, I see the same picture: sellers arrive with ready goods and a team of two, and when asked "on what basis are these people working in the country," they answer "the lawyer will figure it out." It needs to be figured out before, not after. Decree 393/2026 is a good reason to rebuild the staffing map: write down which roles you have in the country, which of them fall under the exemption, and which still require a work permit. The most common mistake is to assume that "exemption" means "nothing is needed." What is needed: confirmation of the category, a correct employment contract, and a visa matching the purpose of entry.
CONCLUSIONS AND WHAT TO DO
Decree 393/2026 lowers the administrative barrier but does not eliminate it entirelyâand it is precisely in this gray zone that sellers most often lose money and time. Below are practical steps worth taking before the end of the year.
- Map your roles. List all foreign employees and contractors working for you in Vietnam, indicating function, nationality, and basis of stay. Note which roles potentially fall into the 18 categories according to the text of the decree.
- Request the official text and opinion. Cross-check the list of categories against the BaoChinhPhu publication and the LuatVietnam analysis, and obtain a written opinion from a local lawyer for each of your roles. Do not rely on news summaries: dates and wording in the media differ.
- Check the "visaâwork basis" link. Exemption from a work permit does not mean freedom from the visa regime. Ensure that the visa type and duration of stay correspond to the employee's actual function.
- Recalculate the launch budget. Compare the cost of the work permit track (documents, legalization, lawyer, downtime) with the cost of category confirmation. For roles on the exempt list, savings can be measured in weeks of launch.
- Document the decision in your regulations. Specify in your HR policy who works in the country and on what basis, so that when the team composition changes you do not go through the cycle again.
Source: VnEconomy EN â Business dated October 23, 2026