A Comparison of Decree 152/2020/NĐ-CP and Decree 219/2025/NĐ-CP on Work Permit Conditions for Foreigners in Vietnam

I. Experts: Easing the Requirements

Under Decree 152/2020/NĐ-CP, the requirements for experts were relatively high. An individual could only be considered an expert if they held a bachelor's degree or higher with at least three years of relevant work experience, or had a minimum of five years of experience with a practicing certificate. This stringent condition was intended to ensure that foreign experts possessed genuine competence and qualifications.

However, Decree 219/2025/NĐ-CP introduces a significant adjustment. An expert is now recognized with a bachelor's degree or higher and at least two years of relevant work experience. Notably, for those working in strategic priority fields—such as science and technology, innovation, finance, and national digital transformation—the minimum experience requirement is reduced to just one year. This change not only lowers the barrier to entry but also expands opportunities for younger experts, encouraging high-quality human resources to focus on the key sectors the Government is promoting. The new regulations thus reflect a trend of easing and prioritizing, making it more convenient for businesses to access international talent.

II. Managers and Executive Directors: A Balanced Approach

Regarding the "manager" position, both decrees align with the definition in the 2020 Law on Enterprises, where a manager is a corporate manager or the head/deputy head of an agency or organization. This definition remains unchanged, without additional requirements for experience or qualifications, ensuring the criteria are based on leadership title and actual organizational role.

The key difference appears with the "executive director" position, where Decree 219/2025/NĐ-CP introduces stricter conditions. An individual in this role, besides being the head of a branch, representative office, or business location, must now prove at least three years of experience in a relevant field. In contrast, Decree 152/2020/NĐ-CP merely defined an executive director as the head who directly runs the unit, without an experience requirement. This addition signals a trend of tighter control over senior management titles, preventing the misuse of such positions to legitimize underqualified foreign labor. In essence, while the criteria for experts have been eased, the requirements for executive directors have been tightened, striking a balance between attraction and control.

III. Technical Workers: Lowering the Experience Threshold

The differences between the two decrees for technical workers are also noteworthy. Decree 152/2020/NĐ-CP required a technical worker to have at least one year of technical training plus three years of experience in that field, or a minimum of five years of relevant experience without formal training. These high standards made it difficult for businesses to recruit skilled workers or engineers who had strong practical skills but had not yet met the years-of-experience threshold.

To address this, Decree 219/2025/NĐ-CP has lowered the experience requirements. Now, one year of training plus two years of experience, or three years of practical experience alone, is sufficient. This is a critical adjustment that makes the Vietnamese labor market more attractive to foreign technical workers, especially in industries where practical skills are valued more than advanced degrees. The change aligns with the country's push to boost industrial production, digital transformation, and integration into global value chains.

IV. Intra-corporate Transferees: A Policy of Consistency

Beyond the criteria for experts, managers, and technical workers, both decrees maintain the regulations for intra-corporate transferees. A foreign employee is only permitted to be transferred to Vietnam after having worked for the parent company abroad for at least twelve consecutive months. This requirement ensures genuine and substantive transfers of technology and management skills, while also preventing the policy from being exploited for unauthorized entry and work. The retention of this rule in Decree 219/2025/NĐ-CP demonstrates a consistent policy on internal corporate management.

V. Administrative Procedures and Work Permit Exemptions

Other significant advancements lie in administrative procedures and exemptions.

• Streamlined Procedures: While Decree 152 required separate procedures for reporting labor demand and applying for a work permit, Decree 219/2025/NĐ-CP integrates these two steps into one. Applications are now to be submitted online, with a processing time of ten working days. This creates a more streamlined and transparent process.

• Expanded Exemptions: Decree 219/2025/NĐ-CP expands the scope of work permit exemptions. New additions include experts in international cooperation programs, volunteers, and short-term workers (under 30 days) in priority fields. This policy reduces the administrative burden for specific, high-value cases and encourages global collaboration.

VI. Increased Transparency and Stricter Documentation

While easing many requirements, Decree 219/2025/NĐ-CP also tightens certain aspects to ensure transparency. Businesses are now required to submit specific documents to prove a professional's position, such as the company charter or appointment decision for a manager, or degrees and employment contracts for an expert. This means businesses and employees must prepare their application dossiers more meticulously, but in return, the review process will be more transparent, fair, and consistent across localities.

VII. Overall Impact and Challenges

Overall, Decree 219/2025/NĐ-CP is set to have clear positive impacts. For businesses, reduced experience requirements and simplified procedures will make international recruitment easier, especially in high-tech industries. For foreign workers, the lower thresholds open up more job opportunities.

However, the new decree also presents certain challenges. Businesses must note the stricter criteria for executive directors and the more rigorous documentation requirements. Local authorities will also need to coordinate to ensure uniform implementation.

VIII. Conclusion

In summary, Decree 219/2025/NĐ-CP represents a balanced adjustment of Vietnam's foreign labor policy. It creates more favorable conditions for experts and technical workers while implementing stricter oversight for executive directors. Procedures have been streamlined, documentation clarified, and exemptions expanded. These changes signal that the Vietnamese Government is moving toward a more open international labor market that still maintains legal order. If implemented effectively, Decree 219/2025/NĐ-CP promises to both enhance corporate competitiveness and attract high-quality human resources, strengthening Vietnam's position on the global labor map.

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

For more information: 

📞: +84 357 466 579

📧: contact@dblegal.vn

🌐Facebook:  DB Legal Vietnamese Fanpage or DB Legal English Fanpage 

🐦X(Twitter)

💼Linkedin

🎬Youtube