On August 7, 2025, the Government issued Decree No. 219/2025/ND-CP regulating foreign workers working in Vietnam (“Decree 219”). The Decree introduces many new changes regarding the issuance of work permits for foreign workers in Vietnam compared to Decree No. 152/2020/ND-CP and Decree No. 70/2023/ND-CP.
Below, ATA would like to provide our Clients with noteworthy updates under Decree 219:
1. Integration of the procedure for reporting the demand for foreign workers with the application for work permits
Previously, the approval of the demand for foreign workers and the issuance of work permits were conducted under two separate procedures. Enterprises had to complete the demand explanation and obtain approval before proceeding with the application for work permits.
Under Decree 219, the application dossier for work permits now integrates the procedure for reporting the demand for foreign workers with the application for work permits into a single document. The consolidation of these two procedures not only helps enterprises save time and reduce administrative costs but also allows them to be more proactive in implementing business and production plans.
Currently, the submission of work permit applications can be carried out online through the National Public Service Portal.
In addition, Decree 219 also revises the processing time for assessing the demand for foreign workers and the issuance of work permits for foreign workers, specifically:
(i) In case of approval of the demand and issuance of work permits for foreign workers: Within 10 working days (from the date of receipt of a complete and valid dossier).
(ii) In case of rejection of the demand for foreign workers or refusal to issue work permits: Within 03 working days (from the date of receipt of a complete and valid dossier).
2. Expansion of cases where foreign workers are not subject to work permit requirements
Compared to previous regulations, Decree 219 supplements and clarifies additional cases where foreign workers are not subject to work permits, including:
(i) Groups of foreign workers confirmed by ministries, ministerial-level agencies, or provincial People’s Committees to work in Vietnam in the following fields: finance, science, technology, innovation, national digital transformation, and socio-economic priority development sectors.
(ii) Foreign workers being managers, executives, experts, or technical workers who:
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Work in Vietnam with a total period of less than 90 days within one calendar year (from January 1 to December 31); or
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Undertake temporary intra-corporate transfers within foreign enterprises that have established a commercial presence in Vietnam.
Other cases exempt from work permits remain unchanged, meeting the requirement of attracting high-quality human resources in priority development sectors.
3. Specification of cases subject to revocation of work permits and confirmation of exemption from work permit requirements
3.1. Cases of work permit revocation
The provisions on revocation of work permits for foreign workers in Vietnam have been adjusted regarding scope and seriousness of violations. Under previous regulations, foreign workers who failed to comply with Vietnamese laws affecting security, order, and social safety were subject to revocation.
Currently, this measure only applies to cases where foreign workers are prosecuted or face criminal liability during their employment in Vietnam.
It can be seen that the new regulation narrows the scope of application but increases the seriousness of the conduct being regulated, as it involves more severe violations with clear legal consequences.
3.2. Cases of revocation of confirmation of exemption from work permit requirements
Decree 219 supplements provisions on cases subject to revocation of confirmation of exemption from work permit requirements, specifically including:
(i) Working in Vietnam inconsistently with the content of the confirmation issued.
(ii) Having official notice from the foreign employer regarding termination of work in Vietnam.
(iii) Termination of operations by the Vietnamese or foreign employer.
(iv) Failure by the employer or foreign worker to comply with regulations on issuance, reissuance, or extension of confirmation of exemption as stipulated in this Decree.
(v) Foreign workers who, during their employment in Vietnam, violate Vietnamese laws and are prosecuted or face criminal liability.
4. Supplement on validity period of confirmation of exemption from work permit requirements
Under current regulations, the validity period of confirmation of exemption from work permit requirements is based on the duration of documents and contracts between the parties but shall not exceed 02 years.
Decree 219 takes effect from August 7, 2025.
Work permits and confirmations of exemption from work permit requirements already issued, reissued, or extended under previous regulations shall remain valid until expiry and will be issued, reissued, or extended in accordance with the new regulations. For applications submitted before August 7, 2025, under the old regulations, the review and settlement will continue to be carried out under the previous regulations.
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