Vietnam’s New Work Permit Regulations for Foreign Workers under Decree No. 219/2025/ND-CP

1. Who is subject to the new regulations?

Decree No. 219/2025/ND-CP applies to foreign nationals working in Vietnam and regulates matters including:

• Conditions for foreign workers working in Vietnam;

• Issuance of work permits;

• Re-issuance and extension of work permits;

• Revocation of work permits;

• Confirmation of exemption from work permit requirements; and

• Foreign workers who are not subject to the work permit requirement under the Labour Code. 

The regulations are particularly relevant to foreign nationals working in Vietnam as managers, executive directors, experts and technical workers, depending on the nature of their position and employment arrangement.

For employers, determining the appropriate position and legal basis for employing a foreign worker should therefore be one of the first steps before preparing a work permit application.

2. A broader framework for work permit exemptions

One notable aspect of Decree No. 219/2025/ND-CP is that it provides a specific framework for foreign workers who are not subject to the work permit requirement.

The exemption regime covers a number of situations prescribed by law. Depending on the applicable category, a foreign worker may either:

• Be required to obtain a Confirmation of exemption from work permit requirements; or

• Be exempt without having to obtain such confirmation, while the employer may still have a notification obligation.

This distinction is important because the fact that a foreign worker is “exempt from a work permit” does not necessarily mean that the employer has no administrative obligations.

Businesses should therefore identify the exact exemption category before deciding which procedure applies.

3. Conditions relating to foreign workers

For foreign workers who are required to obtain a work permit, the proposed position remains an important element of the application.

Depending on the position, the employer may need to provide documents demonstrating that the foreign worker satisfies the relevant requirements concerning:

• Professional qualifications;

• Work experience;

• Managerial or executive status;

• Technical qualifications; or

• other qualifications applicable to the proposed position.

The supporting documents should correspond to the actual position that the foreign worker will perform in Vietnam.

This means that employers should not determine the job title solely for administrative purposes. The proposed position, qualifications, experience and actual duties should be consistent with one another.

4. Documents issued by foreign authorities

Foreign workers frequently need to provide documents issued outside Vietnam, such as educational qualifications, certificates of professional experience or criminal record documents.

Depending on the specific document and applicable regulations, foreign-issued documents may need to undergo consular legalization, translation into Vietnamese and certification before being used in Vietnam.

Accordingly, document preparation can take longer than the statutory processing period for the work permit itself.

Employers should therefore begin preparing foreign-issued documents sufficiently early rather than waiting until the work permit application deadline.

5. Changes to the application process

Decree No. 219/2025/ND-CP establishes updated procedures for work permit applications and related procedures.

The employer remains responsible for preparing and submitting the application in accordance with the applicable procedure.

For a work permit application, the employer should generally prepare documents relating to:

• The employer and the proposed employment;

• The foreign worker's identity;

• Health condition;

• Criminal record status;

• Qualifications and professional experience;

• The proposed position; and

• Other documents required for the particular employment arrangement.

The exact documents required may vary depending on whether the foreign worker is classified as a manager, executive director, expert or technical worker.

6. Application timing

The timing of the application is another important compliance issue.

Under the new framework, the employer must submit the work permit application within 60 days but no later than 10 days before the foreign worker's expected commencement date.

Once a complete and valid application has been received, the competent authority processes the application within the statutory period. 

Although the statutory processing period is relatively short, businesses should allow additional time for obtaining, legalizing and translating documents issued overseas.

7. The validity of work permits

Work permits issued under the new framework generally have a maximum validity period of 02 years, subject to the applicable employment arrangement and supporting documents.

Employers should monitor the expiry date of each work permit and plan the relevant renewal or new application procedure in advance.

This is particularly important for foreign employees whose employment contracts, assignments or other employment arrangements extend beyond the validity period of their existing work permits.

8. What does Decree No. 219/2025/ND-CP mean for employers?

For businesses employing foreign workers, the new regulations place greater emphasis on correctly identifying the legal basis for each foreign worker's employment.

Before employing a foreign national, businesses should consider:

First, whether a work permit is required. The employer should determine whether the foreign worker falls within an exemption category before preparing a work permit application.

Second, whether the proposed position is appropriate. The position should correspond to the foreign worker's qualifications, experience and actual duties.

Third, whether supporting documents are sufficient. Foreign-issued documents should be reviewed early to determine whether legalization, translation or certification is required.

Fourth, whether the application is submitted on time. The statutory deadline should be considered together with the time needed to prepare supporting documents.

Finally, whether other compliance requirements apply. Work permit compliance may be connected with immigration, employment and other regulatory requirements applicable to the foreign worker and the employer.

9. Implications for foreign investors

The new framework is particularly relevant to foreign-invested enterprises establishing or expanding operations in Vietnam.

When planning an investment project, foreign investors should consider not only the investment and corporate structure but also how foreign personnel will be employed and managed after the company begins operations.

For example, a foreign investor who intends to act as a manager or executive of a Vietnamese company should assess whether the position requires a work permit or falls within an exemption under Decree No. 219/2025/ND-CP.

Similarly, enterprises planning to recruit foreign experts or technical workers should assess the relevant qualification and experience requirements before entering into employment arrangements.

This early assessment can help businesses avoid delays in recruitment and reduce compliance risks during the commencement of operations.

10. Conclusion

Decree No. 219/2025/ND-CP establishes the current legal framework for foreign workers working in Vietnam and introduces updated rules concerning work permits and exemptions. The Decree has been effective since 7 August 2025, replacing the previous framework under Decree No. 152/2020/ND-CP and Decree No. 70/2023/ND-CP. 

For employers and foreign investors, compliance should begin with determining the foreign worker's position, employment arrangement and exemption status, followed by a review of the required qualifications and supporting documents.

As Vietnam's regulations on foreign workers continue to develop, businesses should monitor regulatory updates and periodically review their employment and immigration compliance procedures to ensure that foreign personnel are working under the appropriate legal framework.