Vietnam has issued Decree 393/2026/ND CP, effective 5 December, 2026, which changes how companies hire and manage foreign employees. While the decree opens new pathways for skilled and technology talent, it also introduces stricter requirements that human resource (HR) teams must prepare for.
The traditional expert route still requires a university degree along with two years of relevant experience. However, now, candidates can also qualify through proven skills, innovation potential, or a strong professional record. Executive directors must show they truly manage a field of activity, not just hold the title.
Strategic technology professionals and their families may access exemption routes, but each family member must apply separately. The intra company transfer option is narrowed to managers, executive directors, and experts — technical workers no longer qualify. Employers must reassess planned transfers against these categories.
New compliance rules include mandatory police clearance certificates, updated health certificate requirements, and job descriptions carrying five digit occupation codes. Employers must also resume periodic reporting on foreign workers twice a year — by 5 June and 5 December — and keep detailed records.
Foreign labour subleasing is prohibited, which means HR must carefully distinguish between service providers and personnel suppliers. Permit validity remains two years, with up to three years for certain intra company transfers.
The rule signals a shift towards tighter governance and accountability in managing foreign talent. While Vietnam is broadening access for high skill and strategic roles, it is simultaneously closing loopholes and demanding stronger compliance. The biggest HR impact lies in workforce planning: technical staff transfers will be harder, with reporting obligations returning, and documentation standards rising. Companies must map current employees to the new categories, build lead time for police clearance, and update compliance calendars. In short, HR must treat foreign talent management not just as recruitment, but as a regulated process requiring precision, foresight and continuous monitoring.
