Vietnam – Decree 393 Introduces New Pathways and Requirements for Foreign Talent and Employers 

All November Global Immigration Updates:

• UK – Home Office Rolls Out Mandatory Multi-Factor Authentication for SMS Users and Sets Deadline to Prevent Account Deactivation
• Canada – Recent Changes to Express Entry CRS and OINP Award Additional Points to Eligible Foreign Nationals 
• Spain – Pilot Program Automatically Assigns Fingerprinting Appointments for Select TIE Card Applicants 
• Saudi Arabia – Skilled Workers Now Eligible to Relocate to the Kingdom with Dependents; Increased Salary Requirement to Meet Saudization Rates 
• France – Standardized Issuance of 12-month Talent Visas Across Jurisdictions
• Germany – Temporary Residence Measures for Eligible Ukrainian Nationals Extended
• Japan – Revised Eligibility Criteria for Permanent Residence to Take Effect in April 2027
• Vietnam – Decree 393 Introduces New Pathways and Requirements for Foreign Talent and Employers

Decree 393 will go into effect in Vietnam on December 5, 2026, expanding work permit exemption pathways for eligible foreign nationals in select technology sectors and their families. Additionally, Decree 393 introduces several changes to the eligibility criteria and requirements for work permit applications and reinstates a previous reporting requirement for employers of foreign workers. Key changes include: 

• Work Rights Extended to Dependents of Select Professionals – The family of employees who qualify for a work permit exemption in select technology sectors may now be eligible for a work permit exemption certificate, enabling them to take up employment locally. 
• Revised Eligibility Criteria for ICT Work Permits – Intra-company transfer (ICT) work permits are now reserved for managers, executive directors, and experts in their field. There is no longer a category within the ICT framework for technical workers. To qualify for an ICT work permit, technical workers must now meet a higher experience requirement to demonstrate expertise. 
• New Occupational Codes – Applications must now include a more precise, 5-digit occupational code.   
• No Recruitment Announcement for Directors – An exemption to the recruitment announcement for Vietnamese workers is waived for foreign nationals who are listed as the Director or General Director on the company’s business registration. 
• Deeper Review of Executive Director Job Duties – Employers must demonstrate that the Executive Director has genuine managerial authority. The job title and required two years of relevant experience are not enough. 
• Decree 152 Reporting for Employers Reinstated – The biannual reporting duty of employers of foreign workers has been reinstated, with reports due on June 5 and December 5 of each year under Decree 393. 

Employer Takeaway: Employers should review the provisions of Decree 393 to ensure that any work permit or exemption applications that will be submitted on or after December 5, 2026, meet the new criteria. Moreover, employers should ensure that their foreign national employee records are up-to-date and satisfy all reporting requirements.