Lê Thị Dung - Associate

Lê Hữu Tiến - Paralegal

To attract highly qualified and skilled foreign employees to work in Vietnam and contribute to the development of a high-quality workforce for Vietnam in its era of advancement, the Government has promulgated Decree No. 219/2025/ND-CP on foreign employees working in Vietnam (“Decree 219”), which shall officially take effect on 7 August 2025 to replace Decree No. 152/2020/ND-CP dated 30 December 2020 and Decree No. 70/2023/NĐ-CP dated 18 September 2023. Accordingly, Decree 219 stipulates provisions that are highly favorable to enterprises employing foreign employees, specifically as follows:

1.      Elimination of the procedure to obtain the approval for the demand to employ the foreign employees

Under this new regulation, instead of being required to undergo the procedure of obtaining approval for the demand to employ the foreign employees before applying for a work permit (“WP”), enterprises are only required to submit the application for the WP at least ten (10) days prior to the proposed commencement date of employment. Accordingly, the explanation of the demand for employing a foreign worker shall be incorporated directly into the written request for the issuance of the Work Permit. This provision constitutes a notable innovation, enabling enterprises to shorten processing time, reduce administrative procedures, and create more favorable conditions for their operations.

2.       Reduction of experience requirements for expert positions

a. Experts holding a university degree or higher, or an equivalent qualification, are now required to have only a minimum of two (02) years of work experience relevant to the position for which the foreign employee is expected to work in Vietnam, compared to the previous regulation that experts need to have at least three (03) years of work experience;

b. Experts holding a university degree or higher in the field of study are only required to have a minimum of one (01) year of experience relevant to the position for which the foreign employee is expected to work in Vietnam if working in the fields of finance, science, technology, innovation, national digital transformation, or other sectors prioritized for socio-economic development. This is a newly introduced provision applicable exclusively to priority sectors, aimed at facilitating the entry of experts into Vietnam

3.      Amending and supplementing cases exempted from granting the WP

The new regulation expands the subjects exempted from the obtaining WP to include foreign employees working in the fields of finance, science, technology, innovation, national digital transformation and other sectors prioritized for socio-economic development, as certified by the relevant ministries, ministerial-level agencies, or the Provincial People’s Committees.

In addition, Decree 219 provides more specific guidance than the previous regulations regarding cases exempted from obtaining the WP for foreign employees serving as managers, executive directors, experts, or technical workers, namely:

a. Working in Vietnam for a total period of less than ninety (90) days in a calendar year (calculated from 01 January to 31 December); or

b. Temporarily transferred within a foreign enterprise which has established a commercial presence in Vietnam within the scope of eleven (11) service sectors specified in Vietnam’s Commitments in Services to the World Trade Organization, and the foreign employee has been employed by the foreign enterprise for at least twelve (12) consecutive months prior to the transfer. The regulation also clarifies that commercial presence includes foreign-invested economic organizations, representative offices or branches of foreign traders in Vietnam, and executive offices of foreign investors under business cooperation contracts.

4.      Transfer of authority to issue the WP to Provincial People’s Committees

Under this new regulation, the Provincial People’s Committees are vested with the authority to issue, re-issue, extend, and revoke the WP as well as the confirmations of WP exemption for foreign employees working for employers whose head offices, branches, representative offices, or business locations are located in the locality where the foreign employee is expected to work.

In cases where the foreign employee work for a single employer across multiple provinces or centrally governed cities, the authority shall rest with the Provincial People’s Committee of the locality where the employer’s head office is located.

5.       Enterprises are not obligated to submit labor contract after isssuance of the WP

Pursuant to the new regulation, once a foreign employee has been granted the WP, the employer is only required to submit a signed copy of labor contract to the competent authority that issued the WP upon request.

Decree 219 not only inherits but also improves upon numerous provisions relating to administrative procedures and the management of foreign employees working in Vietnam. The consolidation, simplification of procedures, and shortening of application processing times not only demonstrate the regulatory authorities’ flexibility in addressing the practical operational needs of enterprises but also reduce the administrative burden, contribute to fostering a favorable and transparent investment and business environment, encourage the inflow of international capital and high-quality human resources into Vietnam.

Here is our article about ISSUING THE WORK PERMIT FOR FOREIGNERS: FASTER AND SIMPLER THAN EVER BEFORE. If you are interested or require legal support regarding electronic identification procedures for enterprises, please visit our DIMAC Website and explore the News Category to stay updated with the latest legal insights and shared market experiences.