Effective Date & Summary
Decree 393/2026/ND-CP has been issued on 20 October 2026 and will take effect on 5 December 2026. The decree broadens the routes available for hiring skilled and strategic-technology talent and eases a few procedures, but it also adds document requirements, narrows intra-company transfer eligibility and reinstates periodic employer reporting.
Key Information to Note
Hiring pathways and eligibility
The main expert route still rests on a university degree plus two years of relevant experience. The decree now offers other grounds for qualifying, based on specialised skills, innovation potential or a demonstrable professional record. For executive directors the experience threshold is also two years, but the person must actually have authority over the management of a field of activity, so the title on the contract will not settle the matter.
Certain strategic-technology professionals, and their qualifying family members, can qualify for incentives and exemption routes. Access depends on meeting the specific category criteria, and working in a technology role is not enough by itself. Family members of an exemption certificate holder may not start work on the strength of that relationship. A separate exemption certificate application must be submitted for each of them by their sponsoring entity.
Intra-company transfers
The intra-company transfer route is now limited to three profiles: managers, executive directors and experts. Technical workers have been removed. A technical worker with three years of experience may satisfy the requirements for that category generally, yet this will no longer be considered as an ICT route. To be transferred, the person would have to meet the higher experience requirement attached to the new experience-based expert category. Employers with planned or renewing assignments should test each one against these three profiles before relying on an existing structure.
Application requirements
Police clearance certificate are now mandatory so affected applicants must arrange police clearance that was not previously required. Health certificates may be obtained from medical institutions in Vietnam or overseas, and the express mutual-recognition condition for overseas certificates seem to have been removed. Health certificates are also no longer required for work permit renewals.
Job descriptions must now carry five-digit occupation codes in place of the former three-digit ones. The recruitment announcement requirement still applies to the relevant categories, with an exception for the general director or director named on the business registration.
Initial validity generally stays at two years for permits and exemption certificates, with up to three years for qualifying intra-company transfer exemption certificates in the relevant WTO service sectors.
Employer obligations
Foreign labour subleasing is prohibited. A provider delivering its own contracted service is treated differently from one supplying personnel, so the outcome depends on who supervises the worker, who employs them and how the contract is built.
Employers must again file periodic reports on their foreign workers, an obligation that had dropped out under Decree 219. The new reporting requirement will now be required before 5 June and before 5 December each year, replacing the 5 July and 5 January dates used under Decree 152. Records must be kept in paper or electronic form, and a report is also required when the local authority asks for one or when the employer’s use of foreign workers changes.
Newland Chase Insights
Before 5 December, employers should map current permit holders and planned hires to the new categories, with particular attention to technical staff currently moved within a group. Where exemption certificates are involved, do allow extra lead time for obtaining police clearance.
Any employer-of-record, payroll-only or client-placement model should be reviewed against the new restrictions, and the June and December reporting dates should be added to the company’s compliance calendars to ensure timely submission.
Disclaimer
This news alert is for informational purposes only and does not constitute legal advice. For case-specific guidance or further information, please contact Newland Chase directly.
