Work permits for foreign nationals: what has changed under Decree No. 219/2025/ND-CP.

The Government issued Decree No. 219/2025/ND-CP on 7 August 2025, and it took effect on the same day. The Decree does three main things: it merges procedures, adjusts the conditions, and widens the work permit exemptions.

The demand explanation is now part of the work permit application

Under the old rules, an enterprise had to complete two procedures in turn: first obtain approval of its need for foreign employees, then apply for the work permit. Decree No. 219/2025 combines both in one document (Form No. 03), so the enterprise files only once.

The Decree also abolishes the separate six-monthly and annual reports on foreign employees. For years, these reports made up a large part of foreign-invested enterprises' administrative work.

Conditions by job title: lower requirements for experts

The experience required of experts falls from 3 years to 2 years, and to 1 year for those working in priority fields. Technology enterprises recruiting foreign engineers can therefore consider a wider pool of qualified candidates.

The application dossier and the time limits to observe

A work permit application comprises seven documents

1. The demand explanation report and work permit application (Form No. 03)
2. A health certificate issued by a qualified medical establishment (which may be obtained through the digital health system)
3. A certified copy of a valid passport
4. A criminal record certificate issued within the last 6 months
5. Two 4x6 cm colour photographs, white background, without glasses
6. Documents evidencing the job position (expert / manager / executive director / technical worker)
7. Documents proving the employment relationship: labour contract, service contract, intra-company transfer letter or similar

Documents issued abroad must be consular legalised and translated into Vietnamese, with the translation notarised.

Enterprises need to file within the following time limits

Fifteen groups of people do not need a work permit

There are 15 groups of people who do not need a work permit. Three of them matter most to enterprises in practice:

1. People working under 90 days a year are exempt

Managers, executive directors, experts and technical workers who work in Vietnam for less than 90 days in a year, or who transfer within the same company group, do not need a work permit.

This is a significant change. The old rules allowed only 30 days per visit and up to 3 visits a year. The current threshold is 90 days a year, with no limit on the number of entries. This better suits experts who cover several markets in the region at once.

2. Investors contributing VND 3 billion or more are exempt

The owner or a capital-contributing member of a limited liability company, or the chairperson or a board member of a joint stock company, whose capital contribution is worth VND 3 billion or more, does not need a work permit.

3. People in priority fields are exempt with confirmation

People who work in finance, science, technology, innovation or digital transformation, or in other fields prioritised for socio-economic development, and who have confirmation from the line ministry or the provincial People's Committee, are also exempt.

From 1 January 2026, this group also includes high-quality personnel in the digital technology industry under the Law on Digital Technology Industry and Decree No. 353/2025/ND-CP.

Other exempt groups

• Heads of representative offices or projects of international organisations and foreign non-governmental organisations
• Persons entering Vietnam for under 3 months to offer services, or to handle complex technical incidents
• Foreign lawyers holding a practising licence in Vietnam
• Foreign nationals married to Vietnamese citizens and residing in Vietnam
• Persons providing professional advice for ODA programmes and projects
• Foreign correspondents confirmed by the Ministry of Foreign Affairs
• Persons teaching, researching or transferring international education programmes, with confirmation from the Ministry of Education and Training
• Pupils and students studying abroad who undertake internships in Vietnam
• Persons responsible for establishing a commercial presence
• Unpaid volunteers under international treaties
• Cases provided for in international treaties to which Vietnam is a party

Exempt employees still need a confirmation of exemption

An exemption from the work permit does not mean there is no procedure. The enterprise must still apply for a written confirmation of the exemption:

• Documents: the application (Form No. 01), a health certificate, two 4x6 photographs, a valid passport, and documents proving that the exemption applies
• Place of filing: the Public Administration Service Centre of the place where the work is expected to be performed
• When to file: between 60 days and 10 days before the start date
• Processing time: 5 working days
• Validity of the written confirmation: up to 02 years

In some cases, the enterprise only has to notify the authority 3 working days in advance instead of applying for a confirmation. To know which applies to a specific case, the enterprise should check the Decree's provisions on confirmation and notification.

The provincial People's Committee issues work permits

Since local government moved to a two-tier model on 1 July 2025, the competent authority has changed, and many enterprises are still unsure where to file.

The provincial People's Committee of the place where the employee will work has the power to issue the permit. If the employee works in several provinces, the People's Committee of the province where the employer has its head office is competent.

The provincial Department of Home Affairs and industrial park management boards issue work permits only if the provincial People's Committee authorises them. The Department of Labour, Invalids and Social Affairs has merged into the provincial Department of Home Affairs, and at central level the Ministry of Home Affairs is now responsible. Guidance that still tells applicants to file with the Department of Labour, Invalids and Social Affairs should be updated.

Because each province delegates differently and only for a set period, an enterprise should check the current delegation decision of its provincial People's Committee before filing, rather than assume which authority to use.

Enterprises in breach may be fined up to VND 150 million

From 10 September 2026, the following fines apply under Decree No. 283/2026/ND-CP, which replaced Decree No. 12/2022/ND-CP:

Organisations are fined double the amount for individuals. The fines above apply to individuals. Organisations are fined double, so an enterprise may face a fine of VND 60 million to VND 150 million. A foreign employee in breach may also be expelled.

What enterprises should review

1. Review internal processes. A process that still includes obtaining demand approval 15 days in advance follows a decree that is no longer in force, and it delays the application for no reason.
2. Review employees who hold work permits. Some positions may now be exempt, especially people who work less than 90 days a year or in priority fields.
3. Reconsider candidates who previously lacked enough experience. Experts now need 2 years of experience, or 1 year in priority fields.
4. Check which authority receives applications in your province, because delegations are time-limited and differ between provinces.
5. Review compliance against Decree No. 283/2026/ND-CP, the sanctioning framework now in force.