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Vietnam relaxes Work Permit regulations with Decree 219

2025-08-21 15:2080Chú TàiAcclime

Vietnam has officially implemented Decree 219 effective August 7, 2025, replacing Decree 152 and its amendment Decree 70. This marks a significant shift in how foreign labour is managed, with a focus on streamlining procedures, decentralizing authority, and attracting high-skilled talent in priority sectors. Fundamentally, the Decree simplifies both the procedures and eligibility conditions for foreign workers, aiming to align with broader national strategies to attract and facilitate foreign investment, employment, and residency in Vietnam. It reflects a coordinated effort to enhance Vietnam’s competitiveness in the global labour market.

However, despite these progressive changes, several provisions remain unclear and will require further guidance from competent authorities, particularly regarding the procedures for obtaining a Work Permit or Work Permit Exemption.

Below is a breakdown of the key changes along with recommendations for employers and foreign professionals.

Simplified application – everything in one package

One of the most impactful changes under Decree 219 is the consolidation of the labour demand report and the Work Permit application into a single dossier. Previously, employers were required to submit a labour demand report to the authorities, wait for approval, and then proceed with a separate application for the Work Permit. This two-step process often led to delays and administrative inefficiencies.

Under the new regulation, employers now submit a unified dossier using new forms directly to the provincial People’s Committee where the foreign employee will work. This dossier includes both the justification for hiring a foreigner national and the request for the Work Permit.

Another process that has been streamlined is the Criminal Record check. Previously, obtaining a Criminal Record required a separate application to a different competent authority, adding significant workload. Now, the application can be submitted together with the Work Permit dossier, and the authorities will internally coordinate to obtain the Criminal Record without requiring additional documents from the applicant.

Faster and transparent processing

Decree 219 introduces clear timelines for processing applications, which is a welcome improvement over the previous system. Authorities are now required to issue a decision within 10 working days of receiving a complete dossier. If the application is denied, a written explanation must be provided within 3 working days.

This is a significant shift from Decree 152, which did not specify strict timelines, often leaving employers uncertain about when or why an application might be rejected.

Note: If the Criminal Record application is submitted as part of the package, the total processing time for the Work Permit will include both the Criminal Record and Work Permit procedures, typically extending the timeline by approximately 3 weeks.

Another time-saving change is the job posting requirement. Previously, employers had to post job vacancies for a minimum of 15 days before initiating the Work Permit process. This has now been reduced to 5 days, and postings can be made directly on the employer’s website or via headhunted agencies, unlike before, when postings were required through official employment service centers.

Decentralized authority – local decisions matter

Under Decree 219, the authority to issue, renew, and revoke all WPs/WPs has been transferred from the Ministry of Labour (MOLISA) to provincial-level People’s Committees. Previously, certain cases still required submission to the Department of Employment under MOLISA. This decentralization is intended to make the process more responsive to local labour market needs.

However, this change also introduces variability. Different provinces may interpret requirements differently or apply additional conditions. For instance, while Ho Chi Minh City may accept certified copies of documents, Hanoi might require notarized translations.

Relaxed eligibility criteria – easier access for experts & technicians

Decree 219 eases the requirements for foreign professionals, helping Vietnamese companies tap into global talent, especially in fast-growing or skill-scarce sectors.

These changes reflect Vietnam’s strategy to attract younger, highly skilled professionals while maintaining standards. For employers, this means a broader talent pool and fewer barriers to hiring for specialized roles.

Expanded Work Permit Exemption – strategic sectors and short-term assignments and other new regulations

Strategic sector-based exemptions

One of the most notable additions is the exemption for foreign workers operating in priority sectors, including finance, science, technology, innovation, and national digital transformation, as well as other socio-economically important fields.  To qualify, the foreign worker’s role must be confirmed by a competent authority, such as a ministry, ministerial-level agency, or provincial People’s Committee. This exemption is designed to attract high-level expertise that supports Vietnam’s long-term development goals.

While this exemption removes the need for a Work Permit, it is not automatic. Employers must still obtain official confirmation of the role’s relevance to a strategic sector before the exemption applies. This policy-driven exemption reflects Vietnam’s intent to compete globally for talent in innovation and transformation.

Short-term work exemption

The Decree also revises the exemption criteria for short-term foreign assignments. Previously, under Decree 152, the exemption applied only to foreign workers staying less than 30 days per visit, and no more than three times per year. Now, under the Decree, foreign workers are exempt if their total working time in Vietnam is less than 90 days within a calendar year (from January 1 to December 31). This change simplifies tracking and offers greater flexibility for companies deploying specialists on short-term projects.

Simplified notification procedure

For certain exemption cases, including short-term assignments, employers are no longer required to apply for a formal exemption certificate. Instead, as outlined in the Decree, they must notify the local labour authority in writing at least three working days before the foreign employee begins work. This procedural shift significantly reduces administrative burden and improves responsiveness, especially for companies managing short-term or project-based foreign hires.

Multi-province work flexibility

Decree 219 introduces flexibility for foreign employees working in multiple provinces under the same employer. Previously, separate Work Permits were required for each location, creating logistical challenges for companies with nationwide operations.

Now, a foreign employee can work across provinces without needing additional permits, provided the employer notifies the relevant labour offices in each location at least 03 working days, prior to the commencement date.

Documents determining the duration of Work Permits

The term of a Work Permit or Work Permit Exemption shall not exceed 2 years, and must be aligned with the validity of supporting documents such as labour contracts, assignment letters or decisions, international agreements, and company licenses. This marks a clarification compared to previous regulations under Decree 152/2020 and Decree 70/2023, which did not explicitly specify the types of documents used to determine the permit duration.

New regulations on revocation of Work Permit and Work Permit Exemption

Previously, the grounds for revoking a Work Permit were scattered across various articles in Decree 152/2020 and Decree 70/2023, and there were no clear provisions regarding the revocation of Work Permit Exemptions. Decree 219 now consolidates and clearly defines the circumstances under which authorities may revoke either type of permit. These include:

Strategic guidance for employers and foreign professionals

The Decree represents a meaningful evolution in Vietnam’s approach to managing foreign labour, one that balances regulatory control with the need to attract global talent. For employers, this is an opportunity to reassess internal processes, reduce administrative friction, and align workforce planning with the country’s strategic priorities.

However, as with any new regulation, certain provisions remain unclear and will require further guidance from competent authorities. Key areas of uncertainty include:

 

To fully benefit from the new framework, businesses should begin by reviewing their current foreign workforce and identifying roles that may qualify for exemptions, particularly those in high-demand sectors or short-term assignments. It is equally important to ensure that HR and legal teams are well-versed in the new procedures, including the use of new Work Permit/Work Permit forms, the National Public Service Portal, and the updated notification requirements.

At the same time, decentralization means that local practices may vary. Employers should proactively engage with provincial authorities and maintain clear documentation to ensure consistency and compliance across locations. For foreign professionals, understanding the updated eligibility criteria and exemption pathways can open new opportunities to contribute to Vietnam’s dynamic economy.

At Vieter Vietnam, we work closely with businesses and professionals to navigate regulatory changes with clarity and confidence. Whether you are hiring your first foreign expert or managing a large cross-border workforce, our team can help you assess eligibility, prepare compliant dossiers, and liaise with local authorities to ensure smooth onboarding.

 

Rizwan Khan – Managing Partner – r.khan@Vieter.com

Thao Nguyen – Senior Manager – Licensing and Corporate Secretarial – thao.nguyen@Vieter.com

Hoang Vu – Supervisor – Licensing and Corporate Secretarial – hoang.vu@Vieter.com

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