VietnamVietnam work permit: 90-day cumulative calendar rule
In plain termsThe 90-day exemption under NĐ 219 (Decree 219/2025) is counted cumulatively from 1 January to 31 December. Entry frequency does not matter; total onshore workdays do. HR teams that track per trip instead of per year are the ones surprised in Q4.
Start here — three checks
- Use one ledger per foreign worker per calendar year. No separate clocks per client or per project.
- Count workdays, not calendar days in country — meetings, site work, and directing staff onshore count toward the pattern NĐ 219 targets
- Set a soft stop at 75 days so permit planning starts before day 91
Decision map
| Signal | Lock now | If skipped |
|---|---|---|
| January–March assignments already booked | Project the year total before approving Q2 travel. | Summer projects push the worker into permit territory without lead time. |
| Hybrid remote worker flying in monthly | Log each onshore week. Monthly rhythm hides cumulative totals. | Ten four-day trips becomes forty days you forgot to sum. |
| Two employers in one group | Still one person, one year cap. Intercompany splits do not double the allowance. | Subsidiary A and B each think they own a fresh 90. |
| Year total at 80–89 days with another trip proposed | Block the trip or start permit filing before tickets are bought. | You breach on the first day of the “small follow-up visit.” |
| December partial trip | Remember January resets the counter, not the trip pattern. Plan next year separately. | You carry bad habits into a new year ledger that starts at zero. |
Scenario triage
| Scenario | Looks safe | Real risk |
|---|---|---|
| Audit partner with four client visits | Each engagement letter caps at 20 days. | 80 days plus travel gaps still approaches the statutory year ceiling fast. |
| Trainer doing monthly two-day workshops | Only 24 days of teaching. | Prep, setup, and client meetings onshore often push totals higher than the slide deck suggests. |
| Executive here every quarter for board meetings | Board days are short. | Site walks, hiring, and contract talks on the same trips count toward the same year pool. |
Common wrong movesWhere people lose time on this exact question.
- Using passport entry count instead of a workday ledger.
- Letting each business unit keep its own spreadsheet for the same person.
- Starting permit planning only after day 90 is already breached.
If this fails, do this nextRecovery order — not a generic legal memo.
- Rebuild the January–December ledger with every past trip this year.
- If above 75 days projected, open full permit planning now.
- Pair the ledger with the three-working-day notice log for each exempt assignment.
Published gapWhat we do not invent on this page.
NĐ 219 uses calendar-year cumulative wording. It does not define every half-day edge case in a public table. When in doubt, count conservatively and move to permit planning early.
Common questions
What period should be counted for the 90-day exemption?
Count cumulatively from 1 January to 31 December in the same calendar year, across all entries and employers unless a specific limb says otherwise.
Can one person have unlimited entries if each is short?
Entry count is not the test. Total working time in the year is what determines exemption risk.
When should a team switch to permit planning?
As soon as the projected total is likely to cross the threshold — ideally at a 75-day warning line, not after a breach.