VietnamVietnam work permit: under-90-days rule
In plain termsWorking in Vietnam under 90 days in a calendar year can fall inside a NĐ 219 (Decree 219/2025) short-stay exemption — but only if you count cumulatively and file employer notice on time. The exemption is a yearly gate, not a per-trip comfort zone.
Start here — three checks
- Add every workday in the same calendar year across all entries. One trip under 90 days is not the test.
- Confirm the role fits a named exemption limb in NĐ 219 Article 7, not just a business-card title
- Require the employer to file the exemption notification at least three working days before start
Decision map
| Signal | Lock now | If skipped |
|---|---|---|
| First assignment of the year, under 30 planned days | Open a year-to-date workday ledger anyway. Projects slip. | Q3 assignments push you over 90 without anyone tracking. |
| Second or third trip same year | Sum prior Vietnam workdays before anyone signs a new SOW. | Each entry feels “short” while the year total crosses 90. |
| Consultant with multiple clients in Vietnam | Aggregate all clients. The year cap is per person, not per contract. | Client A’s 60 days plus Client B’s 40 days becomes permit-risk. |
| Director or expert title on the proposal | Run the legal category pages. Title alone does not create exemption. | You work 89 days in the wrong category and still need a permit. |
| Offer signed; start Monday | Check whether three working days notice already happened. | HR discovers notice duty on the Friday before start. |
Scenario triage
| Scenario | Looks safe | Real risk |
|---|---|---|
| Regional manager visiting quarterly | Each visit is two weeks. | Four trips can exceed 90 cumulative workdays in one calendar year. |
| Engineer on a six-month project phased as “support visits” | Each phase is under 90 days. | Calendar-year cumulative counting ignores project branding. |
| Founder “helping” own company without pay | No salary means no work permit. | Onshore directing work still counts as work for NĐ 219 purposes if the limb is not met. |
Common wrong movesWhere people lose time on this exact question.
- Resetting the clock on each new entry stamp.
- Letting the worker personally file what NĐ 219 assigns to the employer.
- Assuming under 90 days removes all labour documentation duties.
If this fails, do this nextRecovery order — not a generic legal memo.
- Build the cumulative day ledger for January–December before the next trip.
- If the year total will cross 90, switch to full permit planning immediately.
- File or verify the three-working-day exemption notice before anyone starts.
Published gapWhat we do not invent on this page.
NĐ 219 Article 7 sets the under-90-days exemption logic for named cases. It does not publish a separate “per project” counter. Your calendar year is the board.
Common questions
Does under 90 days mean each Vietnam trip can be under 90 days?
No. The decisive count is cumulative work time in the same calendar year across all entries and assignments.
Do we still file anything if the worker is exempt under 90 days?
Yes. The employer should file the required exemption notification before work starts — at least three working days ahead.
What is the biggest practical mistake?
Treating each entry as its own clock and never summing workdays across the year.