You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

October 21, 2013

New Decree on Foreign Employees Working in Vietnam

Tilleke & Gibbins

As part of the Vietnamese government’s efforts to overhaul its labor legislation, it adopted Decree 102/2013/ND-CP on September 5, 2013 (Decree 102), elaborating on the provisions of the new Labor Code (in force since May 1, 2013) on foreign workers in Vietnam. Decree 102 will be effective as of November 1, 2013. We discuss some of the key points below.

Employer Reporting Requirements

Decree 102 confirms the Labor Code’s requirement that employers (with exceptions) are to report their demand for foreign employees in respect of positions for which qualified Vietnamese workers cannot be found. Decree 102 clarifies further that employers must send these reports annually to the Chairman of the local People’s Committee, which is to issue written approvals to the employer for employing foreign workers in respect of each position. If there is a change in the employer’s needs for foreign employees, it will need to notify the local People’s Committee of such changes. These reports must be submitted with work permit applications.

Additional Categories for Work Permit Exemptions

Decree 102 extends the categories of foreign nationals who are exempt from work permit requirements, adding: (1) volunteers; (2) journalists; (3) teachers at international schools under the management of diplomatic missions or international organizations; and (4) those with master’s degrees or higher who engage in consulting, teaching, or research at universities for 30 days or less. Foreign workers for whom the work permit exemption already applies under the new Labor Code include, among others, capital-contributing members or owners of limited liability companies, members of the board of management of shareholding companies, and lawyers.

While Decree 102 expands the categories of workers exempted from work permits, the Decree provides that a foreign national’s employer must request the relevant labor authority to certify in writing that the employee satisfies the conditions for exemption. Previously, the employer had only to report to the labor authorities that the foreign employee was eligible for an exemption. Under Decree 102, however, an applicant for work permit exemption is no longer required to legalize the foreign documents in the application file; only translation into Vietnamese and a relatively simple authentication process of such documents in Vietnam is required.

RELATED INSIGHTS​ 

March 31, 2026
On December 10, 2025, the National Assembly of Vietnam adopted Law on Vocational Education No. 124/2025/QH15, which took effect on January 1, 2026, replacing Law on Vocational Education No. 74/2014/QH13 of 2014. The new law broadens the categories of institutions eligible to deliver vocational training, introduces vocational upper secondary schools, and shifts governance structures for private institutions from ownership-representative boards of management to stakeholder-based school councils. These reforms aim to diversify training providers, align programs with labor market needs, and create a more flexible, open vocational education ecosystem, offering expanded opportunities for foreign and domestic investors, universities, and enterprises. Some highlights of the new Law on Vocational Education are presented below. Expansion of Vocational Training Levels and Programs In addition to elementary, intermediate, and college—the three levels of vocational training program set out under the 2014 Law on Vocational Education—the new law expands the structure by introducing two new levels: Vocational high school training programs are placed between elementary and intermediate levels, and are aimed at combining upper secondary education with vocational training, expanding options for learners after graduating from the lower secondary level. Other vocational training programs are not specified in detail under the new law, but aim to equip learners with the capability to perform and handle one or several simple tasks of an occupation. Expansion of Vocational Education Providers The new law reclassifies and extends vocational education providers by classifying them into two distinct categories: Vocational education institutions, which include colleges, intermediate schools, and vocational high schools. Establishments participating in vocational education activities, which include vocational education centers, vocational-continuing education centers, continuing education centers, other centers with vocational education functions, enterprises, cooperatives, and higher education institutions. Vocational education providers may provide one vocational training level only, or several/all levels, depending on the type of provider. The
January 16, 2026
Employment law specialists from Tilleke & Gibbins in Vietnam have contributed the Vietnam chapter to the Guide to Restructuring a Cross-Border Workforce from International Employment Lawyer. This comprehensive global guide, covering 50 jurisdictions worldwide, addresses the complex issue of workplace restructurings, with a particular focus on the needs of multinational companies. The Vietnam chapter was authored by partner Kien Trung Trinh, counsel Sarah Galeski, and associates Dung Thi Phuong Le and Nguyen Thi Huong Nguyen. The Q&A-style chapter provides in-depth analysis of key areas related to workplace restructuring, including: Reduction in workforce; Restructuring or reorganization of the business; Changing terms and conditions; and Areas to watch. A PDF of the Vietnam chapter can be downloaded through the button below. Tilleke & Gibbins also contributed the Cambodia, Laos, Myanmar, and Thailand chapters to the Guide to Restructuring a Cross-Border Workforce 2026. To browse the full guide for all 45 jurisdictions, please visit the International Employment Lawyer website.
January 16, 2026
Employment law specialists from Tilleke & Gibbins’ office in Bangkok have contributed the Thailand chapter to the Guide to Restructuring a Cross-Border Workforce from International Employment Lawyer. This comprehensive global guide, covering 50 jurisdictions worldwide, addresses the complex issue of workplace restructurings, with a particular focus on the needs of multinational companies. The Thailand chapter was authored by Pimvimol (June) Vipamaneerut, Chusert Supasitthumrong, Dusita Khanijou, and Chomanut Arif. The Q&A-style chapter provides in-depth analysis of key areas related to workplace restructuring, including: Reduction in workforce; Restructuring or reorganization of the business; Changing terms and conditions; and Areas to watch. A PDF of the Thailand chapter can be downloaded through the button below. Tilleke & Gibbins also contributed the Cambodia, Laos, Myanmar, and Vietnam chapters to the Guide to Restructuring a Cross-Border Workforce 2026. To browse the full guide for all 45 jurisdictions, please visit the International Employment Lawyer website.
January 16, 2026
Tilleke & Gibbins’ office in Yangon has contributed the Myanmar chapter to the Guide to Restructuring a Cross-Border Workforce from International Employment Lawyer. This comprehensive global guide, covering 50 jurisdictions worldwide, addresses the complex issue of workplace restructurings, with a particular focus on the needs of multinational companies. The Myanmar chapter was prepared by Kyaw Min Tun, an associate in the firm’s Myanmar office. The Q&A-style chapter provides in-depth analysis of key areas related to workplace restructuring, including: Reduction in workforce; Restructuring or reorganization of the business; Changing terms and conditions; and Areas to watch. A PDF of the Myanmar chapter can be downloaded through the button below. Tilleke & Gibbins also contributed the Cambodia, Laos, Thailand, and Vietnam chapters to the Guide to Restructuring a Cross-Border Workforce 2026. To browse the full guide for all 45 jurisdictions, please visit the International Employment Lawyer website.