Vietnam reforms regulations on employing foreigners
On 7 August 2025, Vietnam issued Decree No. 219/2025/ND-CP (“Decree 219”) which took effect immediately. It replaces Decree No. 152/2020/ND-CP (as amended by Decree No. 70/2023/ND-CP) and overhauls the regulations governing the employment of foreigners in Vietnam.
This article provides an overview of Decree 219.
Simplification of procedures
Decree 219 streamlines the work permit application process by merging steps that were previously separate. Employers may now submit a single dossier containing both the justification for hiring a foreign national, where required, and the completed work permit application. This justification is needed only when the foreign employee will:
- be hired under a local labour contract;
- perform packages or projects in Vietnam; or
- be hired under a labour contract with foreign diplomatic missions and foreign organisations in Vietnam.
The rules on job postings have likewise been relaxed. Employers were previously required, as part of the work permit process, to post an advertisement for any role they intended to fill with a foreign employee on a state-managed online portal for a specified period of 15 days, to demonstrate that no suitable Vietnamese candidate was available. Under Decree 219, employers may now choose a suitable recruitment platform, and the required posting period has been shortened to five days. The posting requirement now applies only when the foreign employee enters Vietnam to work and falls under (a), (b), or (c) above.
In addition, instead of requiring the submission of a criminal record certificate with a work permit application as before, Decree 219 consolidates the procedures for issuing both documents, allowing simultaneous submission via the National Public Service Portal. The integrated process between the work permit issuing authority and the police authority issuing criminal records ensures that both documents are issued concurrently.
The key benefit of these changes is a streamlined, faster work permit application process.
Work permit criteria
Priority sectors
Decree 219 streamlines access for foreign workers in priority sectors. Individuals officially invited by ministries, ministerial-level agencies, or provincial-level People’s Committees to participate in initiatives related to finance, science, technology, innovation, national digital transformation, and other key sectors (“priority sectors”) may also be eligible for work permit exemptions.
Qualification thresholds
Decree 219 retains the four categories of Manager, CEO, Expert, and Technical Worker, but redefines qualification thresholds. In particular, Experts now require a university degree or higher and at least two years of relevant experience (a reduction from the previously required three years). Foreign employees designated as an “Expert” for work permit purposes and who is intended to work in the priority sectors require a relevant university degree and at least one year of relevant experience.
Technical Workers now require training for at least one year and at least two years of relevant experience (down from three years of experience). The required relevant experience has been reduced from five years to three.
Multi-province eligibility
A work permit issued in one province can now be used for the same employer in multiple provinces provided specified criteria are met. Prior to the issuance of Decree 219, employers were required to seek the reissuance of a foreign employee’s work permit if the employee’s work location was changed. Now, employees need only notify the local labour authorities at the new location at least three days prior to commencing work.
Expanded work permit exemptions
Decree 219 broadens the range of foreign nationals who do not require a work permit in Vietnam. Foreign Managers, CEOs, Experts, and Technical Workers may now work in Vietnam for up to 90 days per calendar year, regardless of the number times they enter the country. This is a significant shift from the previous limit of 30 days per visit, capped at three visits annually, and offers greater flexibility for short-term or project-based assignments.
Additionally, Decree 219 introduces new provisions for company leadership roles. Foreign nationals serving as Chairman or members of the Board of Directors of a joint stock company, or as owners or members of a limited liability company with a capital contribution of less than VND3 billion, are now classified as foreign workers requiring a work permit. However, they are exempt from the procedures of posting recruitment notices and justifying the need to hire foreign workers. Those with a capital contribution of at least VND3 billion remain exempt from the work permit requirement, consistent with previous regulations.
New regulations on the certificate of non-work permit issuance
Decree 219 introduces the procedures for re-issuance and extension of the certificate of non-work permit issuance, and further provides that such certificate may only be extended once with a maximum duration of no more than two years - a matter not previously addressed under the earlier decree.
