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Within the context of the ever-expanding global integration, the demand for foreign labor in Vietnam has been increasing ceaselessly, which prompts regular adjustments to the legal system in order to promote enterprises and ensure state management efficiency.
On 07/08/2025, the Government promulgated Decree No. 219/2015/ND-CP on foreign workers in Vietnam (“Decree 219”) to amend and supplement the provisions in Decree No. 152/2020/ND-CP on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam (“Decree 152”). This Decree brings significant changes to the provisions on the requirement and the competent authority for the acquisition of work permit, as well as relevant administrative procedures, which allow the process to become more transparent, consistent, and practical.
3-Year Experience Is No Longer Required For The Acquisition Of Work Permit For Experts
According to Article 3.3, Decree 219, the criteria for experts include:
a. An university degree or higher (or its equivalent) and at least 2 years of experience in the field appropriate to the foreign worker’s expected job in Vietnam;
b. An university degree or higher in the relevant major and at least 1 year of experience in the field appropriate to the foreign worker’s expected job in Vietnam for experts in the fields of finance, science, technology, innovation, and national digital transformation, or prioritized fields for socio-economic development that has been confirmed by the department, department-equivalent bodies, provincial People’s Committee, or in accordance with the agreement made by the Government of Vietnam.
Taking into account the the previous regulations found in Article 3.3, Decree 152, which requires at least 3 years of experience for all cases, it is apparent that, in comparison to Decree 152, Degree 219 has significantly reduced the required years of experience and classified the requirements based on the fields, which open ups more opportunity for foreign experts to work in Vietnam.
The Provincial People’s Committee Assume The Authority To Issue Work Permit
Article 4.1, Decree 219 mandates that the authority to issue, reissue, renew, or revoke work permit and confirmation of work permit exemption is assigned to the People’s Committee, to be specific:
“Provincial People’s Committees have the authority to issue, reissue, renew, or revoke work permit and confirmation of work permit exemption for foreign workers working for employers who have their headquarters, branch, representative office, or business location situated in the local area where the foreign workers are expected to work”
Furthermore:
“Provincial People’s Committee shall decide the delegation of the authority to issue, reissue, renew, revoke…”
Accordingly, the Provincial People’s Committee not only serves as the licensing authority but also has the flexibility to delegate these duties to its relevant specialized agencies.
Previously, according to Decree 152, the authority to issue permit belong to:
New regulations in Decree 219 have concentrated the authority to issue, reissue, renew, and revoke Work permit in the Provincial People’s Committee instead of dividing it between the Department of Labor – Invalids and Social Affairs and the Ministry of Labor – Invalids and Social Affairs as previously applied. Furthermore, the new regulations allow provincial People’s Committee to be proactive in the delegation of authority to its specialized agencies, which allow the licensing process to be consistent, flexible, and appropriate to the local area, which facilitate the local to be more proactive in the management of and addressing of foreign labor demand.
Online Concurrent Application For Criminal Record Certificate And Work Permit
Article 6.3, Decree 219 expands upon the process for the concurrent application for Criminal record certificate and Work permit on the Public Service Portal.
Accordingly, employers could make two online applications simultaneously:
- Application for Work permit;
- Application for Criminal record certificate (under the authorization of the foreign worker)
The concurrent procedure shall be operated under the cooperation of Public Service Portal, the licensing authority for work permit (under provincial People’s Committee), and the police agency responsible for the issuance of Criminal record certificate. Upon completion, a Work permit and a digital criminal record certificate shall be simultaneously sent to the applicant.
This is an entirely new regulation as Decree 152 have no mention of concurrent issuance of Work permit and Criminal record certificate.
The addition of this concurrent procedure helps expedite the application processing duration, reduce submission times and load on procedure-tracking, while also allow both the employer and foreign workers more transparency and convenience. This is a significant step in the modernization of administrative procedures and promotion of digital transformation in foreign labor management in Vietnam.
Changes Regarding Notice In Cases Where The Confirmation Of Work Permit Exemption Is Not Required
According to Article 9.4, Decree 219
For cases specified in clauses 4,5,6 and 8, Article 154, Labor Code, and clauses 2,3,5,8,10, and point a clause 13, Article 7 of this Decree, while it is not required to perform procedure for acquisition of the confirmation of work permit exemption, an advance notice of at least 3 business days before the foreign worker starts to work in Vietnam being sent to the competent authority in charge of issuing confirmation of work exemption at the place where the foreign workers is expected to work is required
The notice shall include the following fundamental contents: Full name, date of birth, nationality, passport number, the employer’s name, work location, and work duration.
Previously, Article 8, Decree 152 provides that, for cases where the confirmation of work permit exemption is not required, an advance notice of at least 3 business days before the foreign worker starts to work in Vietnam being sent to the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs is required
In comparison to the former regulations, Decree 219 maintains the requirement of at least 3 business days. However, the receiving authority has been changed to the competent authority in charge of issuing confirmation of work exemption at the local area. This change helps streamline the receiving process, making the procedures more convenient for enterprises and foreign workers.
Work Permits Could Only Be Renewed Once With The Duration Of Up To 2 Years
According to Article 29, Decree 219, Work permits could only be renewed once, and the duration shall not exceed 02 years
Previously, Article 19.1, Decree 152 also provides that the duration of each renewal shall be up to 02 years, however, there were no limitation on the number of renewals.
By limiting the number of renewals to only one instead of having no limitation as previously applied, the new regulations in Decree 219 have made the work permit renewal requirement become stricter. This change compels enterprises and foreign workers to be more proactive in the labor use plan, while also strengthen the management of work duration of foreign workers in Vietnam
15 Cases Of Work Permit Exemption For Foreigners In Vietnam
Article 7, Decree 219 provides 15 cases where work permit is exempted in details, which include:
- Owners with the capital contribution of at least 3 billion dong;
- International treaty volunteers;
- Foreign workers with less than 90 working days annually;
- Foreigners enter Vietnam for implementation of international agreements;
- Lecturers, students, interns;
- Acquaintance of diplomatic mission members;
…
Decree 152 only lists 14 cases where foreign workers are exempted from the work permit requirement and most of them contains ambiguities or lacks of detailed classification.
In comparison to Decree 152, Decree 219 has added that work permit shall not be required for foreign workers working in the fields of finance, science, technology, innovation, and national digital transformation, or prioritized fields for socio-economic development that has been confirmed by the department, department-equivalent bodies, provincial People’s Committee. Additionally, Decree 219 clarified and provided a more thorough classification of cases of work permit exemption.
This improvement allow enterprises and foreign workers more ease in the identification of cases of work permit exemption, thereby mitigating the risks of violation and facilitating the performance of the procedures.
Work Permit Is Not Required For Foreign Workers With Less Than 90 Days Annually
Pursuant to Article 7.13.a, Decree 219, foreign workers in Vietnam with the total working time of less than 90 days in a year (which is counted from January 1st to December 31st) shall be exempted from the work permit requirement.
However, according to Article 9.4, enterprises who employed these foreign workers still have to send a written notice to the competent authority at least 3 days before the foreign worker start working.
Previously, Article 7.8, Decree 152 also did not require work permit for workers with the working times of less than 30 days/time and up to 90 days/year. However, the notice obligation was not properly clarified.
Decree 219 continues to maintain the limitation of 90 days/year for cases where the work permit is exempted. On the other hand, Decree 219 has removed the requirement of less than 30 days/time and added the obligation of advance notice of at least 03 days before the working days for enterprises. This new regulation not only allow for more flexibility in the use of short-term labor, but also ensure timely supervision by the management authority.
Work Permit Acquired In One Province Is Also Effective In Other Locations
According to Article 22.5, Decree 219:
Foreign workers who have obtained Work permits are able to work in multiple provinces and municipalities.
However, prior to each transfer of work location to another province/municipality, enterprises need to give an advance notice of at least 03 business days to the competent authority of the local area where the foreign worker is expected to work.
Previously, Decree 152 did not have any specification regarding the ability to work in other locations upon the acquisition of work permit by foreign workers. In fact, some of the provinces even require the foreign workers to reapply for work permit upon the transfer of the work location to another province.
In this regard, Decree 219 has expanded the scope of application of work permits, allowing legal foreign workers to work in other locations with the only requirement being the advance notice obligation by enterprises. This regulation gives enterprises and workers more advantages, while also enhances consistency in the nationwide application of this regulation, thus remedying the previously observed issue of inconsistent applications by different provinces.
Additional Clarifications On The Duration Of Work Permit And Confirmation
Article 21 Decree 219 specifies that the duration of Work permits and confirmation of work permit exemption shall not exceed 02 years;
This duration shall be based on the duration of documents such as: employment contracts, business trip letter, international agreement, business license of the enterprise, etc.
Article 10.1, Decree 152 also set the upper limit of 02 years, however, there was no detailed listing of documents serving as bases as specified in Decree 219.
Overall, while maintaining the upper limit of 02 years regarding the duration of Work permit and confirmation of work permit exemption, Decree 219 has also expanded upon the types of documents serving as the basis for the determination of duration. This helps increase transparency and consistency, while also mitigate the possibility of inconsistent interpretation in practical application.
New Regulations Regarding Revocation Of Work Permit And Confirmation Of Work Permit Exemption
According to Article 30 and Article 32, Decree 219, Work permit and confirmation of work permit exemption could be revoked in the following cases:
- Expiration of duration;
- Foreign workers and/or enterprises fail to comply with the obligations regarding the issuance and reissuance of Work permit, or the purpose stated therein;
- Foreign workers face criminal charges or criminal prosecution;
- Enterprises cease their operation;
- Written notice of work cessation sent by the foreign employer.
Previously, Article 16.2, and Article 18, Decree 152 only mentioned the reasons for the revocation of Work permit in a scattered manner, and there is no stipulation regarding the revocation of the confirmation of work permit exemption.
In comparison, Decree 219 has assembled and classified all cases where Work permit and confirmation of work permit exemption could be revoked, the latter of which was not previously regulated. This change helps improve transparency, consistency in application of law as well as enhance foreign labor management efficiency
Conclusion
Decree No. 219/2025/ND-CP inherits the merits of Decree No. 152/2020/ND-CP, while also adds and clarifies key issues pertaining to foreign labor management in Vietnam. The notable changes include: Lowering of the experience requirement, expansion of the scope and targets of work permit exemption, clarification on the jurisdiction, procedures, and basis for the determination of duration, addition of mechanism for notice, concurrent procedures, as well as the increase in the consistency and transparency of regulations on document revocation.
Overall, Decree 219 not only gives enterprise and foreign workers more advantage, but also enhances the state management efficiency and ensure consistency, transparency, and adaptability to the demand of socio-economic integration and development in the new phase.
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