Amendments to Decree 219/2025/ND-CP Concerning the Procedures for Issuing Work Permits to Foreign Workers
2025/10/27
- Nguyen Thuy Trang
Introduction
On August 7, 2025, the Vietnamese government enacted a new decree, Decree No. 219/2025/ND-CP (hereinafter referred to as “Decree 219”), concerning the management of foreign workers, which replaces Decree No. 152/2020/ND-CP and Decree No. 70/2025/ND-CP. Decree 219 is regarded as a significant reform aimed at simplifying administrative procedures, shortening processing times, and correcting deficiencies in previous practices. This report explains the main amendments and practical impacts of Decree 219.
1. Changes to procedures for issuing and renewing work permits, and exemptions from work permit requirements
1.1. Simplification of procedures for issuing and renewing work permits
Under previous regulations, the procedures for issuing and renewing work permits involved the following three steps.
① Recruit Vietnamese workers for the positions intended for foreign workers.
② Finalize the plan for employing foreign workers.
③ Apply for the issuance or renewal of a work permit.
Under Decree 219, the procedures have been simplified to the following two steps. Under Decree 219, the procedures have been simplified to the following two steps.
① Recruit Vietnamese candidates for the positions planned to be filled by foreign workers.
The deadline for implementation is at least five days before the scheduled date of Step 2. This procedure only applies when applying for a work permit in the form of entering into a labor contract. If an employee is to work in other forms, such as internal transfer or contract for services, only the next Step 2 should be performed.
② Finalize the employment plan for foreign workers and apply for the issuance or renewal of work permits.
The implementation deadline shall be within 60 days counting from the scheduled start date of employment for the foreign worker and at least 10 days in advance.
Companies are required to accurately identify the form of employment of foreign workers (such as employment contracts, internal transfers, outsourcing contracts, etc.), select the appropriate procedures accordingly, and prepare the necessary application documents.
1.2. Regarding cases that are exempt from the requirement for a work permit
Decree 219 continues to clarify the cases in which foreign workers are not subject to the requirement for a work permit. Companies are required to undertake either (i) an “exemption application procedure” or (ii) a “notification of exemption to the authorities” in accordance with the regulations.
One significant amendment is the requirement to carry out procedure (i) in cases of intra-company transfers within the “11 service sectors for which market liberalization was agreed between the WTO and Vietnam.” Here, the requirements for “intra-company transfers” are stipulated in more detail, and it is understood that a transfer will only be recognized as such if all of the following conditions are met.
・When being dispatched by the parent company to one of the following three entities in Vietnam:
1. A foreign-invested enterprise (Vietnamese corporation)
2. Representative office
3. Branch of a foreign company
If you are dispatched to a “branch” of a Vietnamese company from the parent company, or dispatched from another group company that is not an investor, this requirement is not met.
・You must have been continuously employed by the parent company of the Vietnamese entity for at least 12 months immediately before working in Vietnam. That is, even if someone has a long history of working at the parent company, if they later work at another company within the group and are then dispatched to Vietnam via a job transfer, this requirement is not satisfied.
Also, in cases applicable to procedure (i), the process has been simplified from the traditional three steps to just one step. Furthermore, in addition to the previous “new application” process, new procedures for “reissuance” and “renewal” have been established. As a result, there are now clear guidelines for cases such as expiration after exemption application, or loss or damage of the exemption certificate.
On the other hand, there are two important revisions regarding procedure (ii). The first is that, whereas foreign workers married to Vietnamese nationals previously needed to complete procedure (i), from now on only procedure (ii) is required. The second is that the exemption conditions for short-term employment have been completely revised from “under 30 days and up to three times per year” to “less than a cumulative 90 days within a calendar year (from January 1 to December 31).” It can be said that these changes have increased the flexibility for companies when inviting foreign experts and engineers for short-term periods.
2. Changes in conditions for experts, engineers, and executives
| Target | Cabinet Order 152 and Cabinet Order 70 | Cabinet Order 219 |
| Expert | ① Must have graduated from university or possess an equivalent degree, and have more than three years of practical experience in the relevant field, or, ② must have at least five years of practical experience in the relevant field and also possess a professional qualification. |
① Possess a university degree or an equivalent qualification, with at least 2 years of practical experience in a relevant field, or ② for specific priority fields (such as science, technology, finance, or digital), possess a university degree and have at least 1 year of practical experience in a relevant field. |
| Technician
|
① Have received at least one year of training and have more than three years of practical experience in a relevant field, or ② have more than five years of practical experience in a relevant field. |
① Completion of training for more than one year and over two years of practical experience in a related field, or ② more than three years of practical experience in a related field. |
| Executive Manager | ① The representative of a company’s branch, representative office, or sales office, or, ② a person responsible for overseeing and directly managing a department of an organization or company, and performing duties directly under the command of the organization’s or company’s top management. |
① The representative of a company’s branch, representative office, or sales office, or, ② having at least three years of practical experience managing or directly operating a department of an organization or company and being suitable for the work to be undertaken in Vietnam in that field. |
As mentioned above, Decree 219 has relaxed the requirements for experts and technicians. With these changes, it will be easier to secure high-quality personnel, enabling shorter recruitment periods and optimization of human resources. On the other hand, for executives, at least three years of practical experience in the relevant field is now required, making the requirements stricter.
3．Other important changes
3.1. Introduction of a system for applying for a criminal record certificate together with a work permit application
Decree No. 219 allows for the online application of a criminal record certificate at the same time as a work permit application. If a company is authorized by a worker and applies through the National Public Service Portal, the results will be shared directly with the work permit issuing authority. The processing period will be the combined period for issuing both the criminal record certificate and the work permit.
3.2. Abolition of the regular reporting obligation
Previously, there was an obligation to regularly report the employment status of foreign workers, but under Regulation 219, this requirement has been abolished. From now on, the relevant authorities will manage the data directly through an electronic system, so companies will no longer need to submit reports.
In conclusion
Overall, Decree 219 was enacted with the aim of simplifying the procedures for obtaining work permits for foreign workers in Vietnam, and it is expected that the process will become smoother in the future. However, since much depends on the interpretation and opinions of the various local labor authorities in practice, it is important for companies to consult and confirm with their relevant administrative offices regarding work permits and check all key points in advance.
References
・Decree 219/2025/ND-CP
・Decree 152/2020/ND-CP
・Decree 70/2025/ND-CP
This report was translated by Yarakuzen.
