Are foreign spouses of Vietnamese citizens exempt from work permits in Vietnam ?

Foreigners who marry Vietnamese citizens and reside in Vietnam are exempt from the country’s work permit requirement under Vietnam’s labor law. The exemption however does not grant foreign spouses the same unrestricted right to work as Vietnamese citizens. Reader Mai Phuong sent VnExpress some questions regarding work permit regulations for foreigners in Vietnam. « I am a Vietnamese citizen who married my husband, a German national, earlier this year. He currently works for a technology company in Singapore. A foreign-invested business with an office in Ho Chi Minh City has invited him to come to Vietnam to work as a project manager under a two-year contract, and said it would handle the labor paperwork in line with regulations. I have read that Vietnamese law exempts foreigners who marry Vietnamese citizens and reside in Vietnam from needing a work permit. The company, however, says it must still prepare paperwork related to foreign labor before my husband can start work. I would like to ask: 1. If my husband comes to Vietnam to work after marrying me, does he need a work permit? 2. If he qualifies for the exemption, must the company still complete any procedures with the foreign labor authorities? 3. Does a foreigner who already holds a temporary residence card under the marriage category have the same freedom to work in Vietnam as a Vietnamese citizen? » Lawyer’s response: Dang Thi Thuy Huyen, LL.M., a lawyer at HPL Law Company, provides the following legal guidance: 1. Foreign spouses of Vietnamese citizens are exempt from work permits. Under Clause 8, Article 154 of Vietnam’s 2019 Labor Code and Article 7 of Decree 152/2020, foreigners who marry Vietnamese citizens and live in Vietnam are exempt from the work permit requirement. In your case, because your husband is a German citizen, has married you, and plans to reside in Vietnam, he will not need to apply for a work permit to work here. The exemption removes one of the most cumbersome hurdles faced by other foreign workers in Vietnam: the multi-step work permit application that typically requires employer sponsorship, criminal record checks, and credential authentication. 2. The employer must still file confirmation paperwork Even though your husband qualifies for the exemption, the company employing him must still complete the procedure to confirm that the worker is not subject to the work permit requirement. Under Clauses 2 and 3 of Article 8 of Decree 152/2020, as amended by Decree 70/2023, the company must request confirmation from Vietnam’s Ministry of Home Affairs, or the Department of Home Affairs in the locality where the worker will be based, at least 10 days before the start of employment. The required documents include the formal request for confirmation, a health certificate, the employer’s approval for the use of foreign labor (where applicable), a copy of a valid passport, and supporting documents proving the worker qualifies for the exemption, such as the marriage certificate and the Vietnamese spouse’s identification. Documents issued abroad must be consularly legalized, translated into Vietnamese, and authenticated, unless a specific exemption applies. 3. A temporary residence card does not grant equal work rights A temporary residence card issued on the basis of marriage confirms lawful residency in Vietnam and serves as one of the conditions for the work permit exemption, but it does not confer the same employment rights as Vietnamese citizenship. Vietnamese law continues to treat foreign workers as a distinct category subject to specialized rules on immigration, residence, and the use of foreign labor. So while foreign spouses enjoy more favorable conditions than ordinary foreign workers, they cannot work entirely freely as Vietnamese citizens can. A foreign spouse must sign a formal labor contract, declare residence with local authorities, and comply with any sector-specific regulations that apply to their field. Certain sectors deemed sensitive, including those tied to national security and defense, restrict or bar foreign workers entirely. In some cases, foreign workers exempt from work permits are still required to participate in Vietnam’s mandatory social insurance scheme, depending on the terms of their contract and the nature of their employment. VnExpress.net – May 25, 2026

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