To attract high-quality foreign labor, in line with the socio-economic development orientation, the Vietnamese Government has issued regulations. Decree No. 219/2025/ND-CP date 07 / 08 / 2025 (hereinafter referred to as Decree 219) replaces Decree No. 152/2020/ND-CP , and Decree No. 70/2023/ND-CPThis decree introduces several regulations to support and facilitate businesses in employing foreign workers, specifically as follows.
1. Streamline procedures for approving requests to employ foreign workers.
a) According to the old regulations (Point a, Clause 1, Article 4 of Decree 70/2023/ND-CP):
At least 15 days before the expected start date of the worker, the enterprise must apply for approval of the need to employ foreign workers from the Ministry of Labour, Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs in the locality where the foreign worker is expected to work.
If approved, the business proceeds with the procedure to apply for a Work Permit for the foreign worker, with the approval document attached to the Work Permit application.
b) According to the new regulations (Clause 3, Article 22 of Decree 219):
At least 10 days before the employee's expected start date, the enterprise must submit the application for a work permit. with the information regarding the need presented directly in the application for a work permit.This new regulation simplifies administrative processes and procedures, saving time for businesses.
2. Transfer the authority to issue work permits to the Provincial People's Committee.
According to the Article 4 Decree 219:
- The issuance, re-issuance, extension, and revocation of work permits and certificates of exemption from work permits for foreign workers will fall under the authority of Provincial People's Committee at the location where the business employing the foreign worker has its headquarters, branch, representative office, or business premises.
- In cases where a business operates in multiple provinces or centrally-governed cities, the authority to enforce the law rests with the People's Committee of the province where the business's head office is located.
3. It is not mandatory to submit the employment contract after being granted a work permit.
a) According to the old regulations (Clause 3, Article 11 of Decree 152/2020/ND-CP):
After the work permit is issued by the competent authority, the enterprise must sign a labor contract with the foreign worker in accordance with Vietnamese labor law and return the signed labor contract (original or certified copy) to the authority that issued the work permit.
b) According to the new regulations (Clause 4, Article 22 of Decree 219):
After the work permit has been issued and the employment contract has been signed in accordance with the law, the enterprise only needs to submit a copy of the signed employment contract. when requested by the competent authority that issued the work permit.Instead of being mandatory as in the old regulations.
4. Expanding the cases eligible for exemption from work permits.
According to the Clause 15 Article 7 According to Decree 219, the categories of foreign workers exempt from work permits include those working in priority sectors such as finance, science, technology, innovation, national digital transformation, or socio-economic development sectors as certified by ministries, ministerial-level agencies, or provincial People's Committees.
In addition, the Decree clarifies several cases that were exempt from work permit requirements in previous documents. Specifically, Clause 13 Article 7Foreign workers who are managers, executives, experts, or skilled workers are exempt from work permits if they fall into one of the following categories:
- The total working time in Vietnam shall not exceed 90 days in a calendar year;
- Temporary transfer within a foreign enterprise with a commercial presence in Vietnam (within the scope of 11 service sectors under WTO commitments), and having worked for at least a certain period. 12 consecutive months at the previous company.
📜 “Commercial presence includes economic organizations with foreign investment capital; representative offices and branches of foreign traders in Vietnam; and executive offices of foreign investors in business cooperation contracts.”
– Excerpt from Point b, Clause 13, Article 7 of Decree 219
5. Relax the experience requirement for specialist positions.
According to the Clause 3, Article 3 According to Decree 219, the position of expert falls under one of the following cases:
- Have a university degree or higher (or equivalent) and have Minimum 02 year of experience related to the job position that the foreign worker is expected to take on (previously 03 years);
- Have a university degree or higher and have Minimum 01 year of experience This relates to the job positions that foreign workers are expected to fill in priority sectors such as finance, science, technology, innovation, national digital transformation, or socio-economic development areas.
In addition to inheriting previous regulations, Decree 219 This has brought about many important improvements in the management of foreign labor in Vietnam. Procedures have been streamlined and processing times shortened, helping businesses reduce their administrative burden. This step demonstrates the flexibility of the management agency in meeting the practical needs of businesses, while contributing to building a transparent and favorable investment environment, creating a strong attraction for high-quality international capital and human resources.