KEY CHANGES TO WORK PERMIT REGULATIONS FOR FOREIGNERS IN VIETNAM, EFFECTIVE AUGUST 2025

August 7, 2025, has become a landmark date for every enterprise employing foreign labor in Vietnam. With the issuance of Decree No. 219/2025/ND-CP (hereinafter referred to as “Decree 219”) by the Government, a comprehensive and unified official process has been established. Built on the foundation of the 2019 Labor Code, Decree 219 is not merely an amendment but a complete replacement and consolidation of all previously scattered regulations, creating an entirely new legal framework. From the definition of job positions and the authority of state agencies to every detail within the application dossiers and processing timelines, everything has been redefined with precision.

For managers, human resources professionals, and legal experts, thoroughly understanding and mastering these changes is not just a matter of compliance. It is a critical factor in building effective human resource strategies, avoiding legal risks, and ensuring that business operations continue without interruption.

I. Summary of the Most Critical Changes for Businesses

For busy leaders, these are the core points to grasp immediately:

1. A Single, Unified Document: Decree 219 completely replaces the regulations concerning foreign labor found in Decree 152/2020, Decree 70/2023, and even a portion of Decree 128/2024. Now, businesses need only to reference a single source.
2. Authority Centralized at the Provincial Level: The Chairman of the Provincial People’s Committee is the final decision-maker for all procedures, from the new issuance and renewal to the revocation of work permits and exemption certificates.
3. Quantified Standards for Job Positions: The roles of “Manager,” “Executive Director,” “Expert,” and “Technical Worker” have been redefined in great detail, with specific requirements for academic qualifications and years of experience.
4. Clearly Defined Dossiers and Processing Times: The Decree specifies the list of documents for each procedure and sets clear processing timelines (e.g., 07 working days for a new work permit), creating a transparent legal basis for businesses to follow.
5. Online Dossier Submission: Submitting applications is now officially permitted through the National Public Service Portal, paving the way for the digitalization of administrative procedures.

To ensure authenticity, businesses can consult the full text of Decree No. 219/2025/ND-CP on the Government’s official electronic portal.

II. A Before-and-After Comparison of Regulations

To clearly illustrate the regulatory shift, the following comparison table directly contrasts the old and new provisions on the most important aspects.

III. In-Depth Analysis of General Provisions (Chapter I – The Foundation)

Chapter I of Decree No. 219/2025/ND-CP lays down the foundational principles that shape all subsequent detailed regulations.

1. Scope and Applicable Subjects (Articles 1, 2)

Decree 219 clearly defines its scope to cover all matters related to work permits (WPs) and work permit exemption certificates. Additionally, Article 2 lists a very broad range of work arrangements for foreign employees, from traditional labor contracts and intra-company transfers to more complex forms such as service providers, service offerors, and participants in bidding packages or projects. This demonstrates that the law now covers nearly every conceivable scenario, leaving no legal “gray areas.”

2. New Definitions of Job Positions (Article 3) – The Core of the Change

This is one of the most impactful changes affecting a company’s dossier preparation process. The standards have been clearly “codified”:

• Manager: Must be an enterprise manager as defined by the Law on Enterprises or the head/deputy head of an agency or organization. This requires official documents proving the title.
• Executive Director: Not only the head of a unit (branch, representative office) but must also prove at least 3 years of experience in a relevant executive role.
• Expert: The requirements for a university degree or higher and experience (2 years) are clearly stated. Notably, priority is given to experts in high-tech, finance, and innovation, who only require 1 year of experience if they hold a relevant university degree. This reflects Vietnam’s policy of selectively attracting talent. Furthermore, specific cases like artists and athletes are also clearly defined.
• Technical Worker: Two options are provided for verification: (1) Have been trained in a technical field for at least 1 year AND have 2 years of experience; or (2) Have at least 3 years of practical experience. This provides flexibility for skilled workers who may not have formal training credentials.

3. Authority and Delegation (Article 4)

Decree 219 ends the previous fragmentation of authority. Consolidating decision-making under one authority—the Chairman of the Provincial People’s Committee—helps standardize the process. Importantly, the Decree also clarifies that if an employee works in multiple provinces, the authority will belong to the Provincial People’s Committee where the employer’s head office is located. This resolves a significant issue for large-scale enterprises.

4. The Unchanged Requirement for Consular Legalization (Article 5)

The requirement for Consular Legalization of foreign-issued documents and their certified translation into Vietnamese remains a mandatory and re-emphasized rule. This is a stage where businesses often make mistakes and must be particularly careful to avoid dossier rejection.

IV. Detailed Guide to Procedures and Dossiers (Chapters II & III – An Actionable Handbook)

This section provides the most detailed implementation guide, serving as a clear checklist for a company’s HR and legal departments.

1. For Work Permit Exemption Certificates (Chapter II)

a. Overview of Exemption Cases (Article 7)

The Decree has systemized and clarified a long list of exemption cases, with key points including:

• Owners/capital-contributing members with a capital contribution of VND 3 billion or more.
• Foreigners married to Vietnamese citizens and residing in Vietnam.
• Intra-company transferees within 11 service sectors under Vietnam’s WTO commitments.
• Managers, executive directors, experts, and technical workers who work in Vietnam for a cumulative period of less than 90 days within a year.
• Individuals responsible for establishing a commercial presence.
• Many other cases related to education, journalism, volunteering, etc.

b. Procedure for a New Exemption Certificate (Articles 8, 9, 10)

• Required Dossier:
  • An application letter following Form No. 01.
  • A health check certificate (valid for 12 months).
  • Two color photos (4x6cm, white background, no glasses).
  • A certified copy of a valid passport.
  • Documents proving eligibility for one of the exemption cases.
• Process and Timelines:
  • Submission: At least 10 days and no more than 60 days before the intended start date.
  • Processing Time: The competent authority will issue the certificate within 03 working days.
  • Validity: A maximum of 02 years.

c. Re-issuance and Renewal Procedures

• Re-issuance (Articles 11-14): Applies when the certificate is lost or damaged. The dossier is simpler (only requiring an application letter and documents proving any changes, if applicable). The processing time is 03 working days.
• Renewal (Articles 15-17): The dossier is similar to a new application. It must be submitted at least 10 days and no more than 45 days before expiry. The processing time is 05 working days.

2. For Work Permits (Chapter III)

a. Dossier for a New Work Permit (Articles 18, 19, 20)

This is the most complex and critical dossier, which includes:

• An application letter from the employer, which now incorporates the report explaining the demand for foreign labor, following Form No. 03.
• A health check certificate (valid for 12 months).
• Two color photos (4x6cm).
• A certified copy of a valid passport.
• Written approval of the demand for foreign labor (if applicable, depending on local procedures after Decree 128 is replaced).
• Documents proving the job position (most important):
  • Manager/Executive Director: Company charter, business registration certificate, appointment decision, etc.
  • Expert: University degree and written confirmation of experience (2 years or 1 year, depending on the case).
  • Technical Worker: Training degree/certificate (1 year) and confirmation of experience (2 years), OR confirmation of experience (3 years).
• Note: A previously issued work permit or exemption certificate can be used as a substitute for documents proving experience.

b. Procedure and Timelines (Articles 21, 22)

• Submission: At least 10 days and no more than 60 days before the intended start date.
• Processing Time: The competent authority will issue the work permit within 07 working days.
• Validity: A maximum of 02 years, and cannot exceed the term of the contract or other related documents.

c. Re-issuance and Renewal Procedures

• Re-issuance (Articles 23-26): Applies when the work permit is lost or damaged. The dossier includes an application letter (Form No. 03), photos, and supporting documents (if any). The processing time is very fast: 03 working days.
• Renewal (Articles 27-29): The dossier is similar to a new application. It must be submitted at least 10 days and no more than 45 days before expiry. The processing time is 10 working days.

Completing these procedures is the critical legal basis for foreign employees to proceed with applying for a temporary residence card, ensuring stability in their work and life in Vietnam.

V. Provisions on Revocation and Implementation (Chapters IV & V)

1. Revocation of Work Permits and Exemption Certificates (Articles 30-33)

The Decree clearly specifies the cases for revocation, including: expiry, termination of contract, fraudulent content, cessation of the enterprise’s operations, deportation of the employee, or criminal prosecution. The revocation procedure requires the employer to return the document within 15 days from its expiry date.

2. Transitional Provisions and Effect (Articles 34, 35)

This is a crucial provision that provides peace of mind for businesses. All work permits and exemption certificates issued under the old regulations will remain valid until their expiration date. When re-issuance or renewal is needed, businesses will follow the provisions of Decree 219. This ensures there is no sudden disruption for the existing foreign workforce.

3. Responsibilities of State Agencies (Article 36)

Decree 219 clearly assigns responsibilities to each agency, creating synchronized coordination:

• Ministry of Home Affairs: To lead and manage the database.
• Ministry of Public Security: To coordinate on security and order, and issue Criminal Record Certificates.
• Ministry of Industry and Trade: To provide guidance on intra-company transfers.
• Specialized Ministries (Culture, Sports & Tourism; Education & Training, etc.): To provide guidance on confirmation criteria for specific positions.
• Provincial People’s Committees: To bear overall responsibility at the local level.

4. Official Government Forms

The appendix to this Decree includes the following important forms:

• Form No. 01: Application for issuance/re-issuance/renewal of a work permit exemption certificate.
• Form No. 02: Work permit exemption certificate.
• Form No. 03: Document explaining the demand for foreign employees and application for issuance/re-issuance/renewal of a work permit.
• Form No. 04: Work permit template.

Decree 219/2025/ND-CP has officially established a new paradigm—a more comprehensive, detailed, transparent, and stringent set of rules for the employment of foreign labor in Vietnam. The consolidation of documents, clarification of definitions, and establishment of specific processing timelines are significant advancements that demand swift adaptation from the business community. This is a golden opportunity for companies to review their entire processes, standardize their dossier systems, and train their HR teams.

Applying a new and detailed legal document like Decree 219 requires in-depth research and careful execution at every step. To support businesses through this critical transition, Vina Boueki offers expert consulting services and support for foreign employees (including applying for and renewing Work Permits, Temporary Residence Cards, etc.) to ensure all procedures are carried out accurately, efficiently, and in absolute compliance, turning legal challenges into an operational advantage.