In late 2026, two new decrees on labour with a foreign element were issued, both aiming to make procedures more transparent and to attract high-quality talent for strategic technology industries.
Decree 393/2026/ND-CP: priority for technology experts
Issued on 20 October 2026 and effective from 5 December 2026, Decree 393 replaces Decree 219/2025/ND-CP on foreign workers in Vietnam. Key points:
- Wider work permit exemptions for strategic technology experts, participants in designated AI talent programmes, investors meeting minimum capital thresholds and some intra-company transferees.
- Priority sectors: artificial intelligence, semiconductors, digital transformation, advanced manufacturing and strategic technologies.
- Less paperwork: foreign-issued medical certificates are accepted; some extensions no longer need a new medical certificate.
- Permit duration: up to two years, extendable once.
Decree 371/2026/ND-CP: clearer rules when foreign organisations hire Vietnamese staff
Issued on 25 September 2026 and effective from 15 November 2026, Decree 371 governs recruitment and management of Vietnamese employees at diplomatic missions, international organisations, foreign press offices and foreign NGOs. Organisations can advertise through the National Employment Exchange, lawful job portals or their official website; notifications and reports can be filed directly, by post or via the managing body's official email. Representative offices in economic, financial, science and technology, education and health fields move under the Labour Code, aligning them with ordinary businesses.
Linked to the technology strategy
Vietnam aims to become a regional hub for semiconductors and AI, with a programme to train 50,000 chip engineers and high-tech investment incentives under Decree 96/2026/ND-CP. Decree 393 addresses the high-skill talent bottleneck directly: chip makers, data centres and R&D centres need to bring in international experts quickly to run operations and transfer technology to Vietnamese engineers.
Impact on Vietnam's economy
- High-quality FDI: smooth labour procedures are a key criterion when investors choose where to locate chip plants and R&D centres.
- Knowledge transfer: international experts working alongside local engineers shorten the technology learning curve.
- A transparent labour market: clear recruitment and reporting rules protect Vietnamese workers.
What should businesses do?
Employers of foreign staff should review their files, identify cases covered by the new exemptions and the transition rules before 5 December 2026. Note that technical workers no longer receive the same treatment as experts under intra-company transfer. Organisations covered by Decree 371 should prepare their annual report before 15 December.
vietnamii.com view: the two decrees reflect a selective opening: welcoming to technology talent, strict and transparent in management. It is a necessary step for Vietnam to compete for high-tech investment in the region.