Fresh Legislative Measures for Hiring Overseas Laborers in Vietnam

Fresh Legislative Measures for Hiring Overseas Laborers in Vietnam

Decree No. 219/2025/ND-CP, effective from August 7, 2025, brings significant changes to the immigration and work permit procedures for foreign workers entering Vietnam.

The key reforms include an integrated work permit application process, where the reporting and explanation of demand for foreign workers is now incorporated directly into the work permit application through a unified form (Form No. 03). Employers are required to submit a written document explaining the demand for foreign labor along with the application.

The competent authority, now the provincial-level People's Committee, has been assigned the responsibility to consider and approve the demand within 10 working days and issue the work permit to the foreign worker. If the permit is denied, a written explanation must be provided within 3 working days.

Short-term work missions for foreign specialists have been extended from 30 days to up to 90 days in a calendar year, allowing for more flexibility without a full work permit requirement. Work permit exemptions are introduced for experts in priority socio-economic sectors like finance, technology, and national digital transformation, pending confirmation by competent authorities.

Foreign nationals holding Temporary Resident Cards (TRCs), which can now include Chinese nationals, are encouraged to register for a Level 2 VNeID digital identity, facilitating access to government services.

Foreign students, learners, and trainees studying at schools or training institutions in Vietnam or abroad who have internship agreements or work invitation letters from employers in Vietnam are also entitled to the exemption. Additionally, foreigners entering Vietnam to teach, manage, or act as executive directors at educational institutions established at the request of foreign diplomatic missions, intergovernmental organisations, or institutions/organisations established under international treaties are also exempt from obtaining a work permit.

Foreign workers who are exempt from obtaining a work permit include capital owners or contributors of VNĐ3 billion ($114,400) or more in a limited company, chairpersons or members of the Board of Directors with a capital contribution of VNĐ3 billion or more in a joint stock company, foreigners providing consulting services in professional and technical fields, and those engaged in press activities confirmed by the Ministry of Foreign Affairs.

The new decree does not specify the consequences for violating the regulations regarding the issuance of work permits for foreign workers or the process for providing a written response if the demand for a work permit is not approved or the work permit is not issued.

References:

1. Vietnam News, "New decree simplifies work permit procedures for foreign workers", August 7, 2025, https://vietnamnews.vn/economy/868085/new-decree-simplifies-work-permit-procedures-for-foreign-workers.html
2. Vietnam Investment Review, "Decree 219/2025: New rules for foreign workers in Vietnam", August 7, 2025, https://vietnamlawmagazine.vn/decree-2192025-new-rules-for-foreign-workers-in-vietnam/
3. Vietnam Insider, "New decree on foreign workers in Vietnam: Key changes", August 7, 2025, https://vietnaminsider.vn/business/new-decree-on-foreign-workers-in-vietnam-key-changes/
4. Vietnam Briefing, "Decree 219/2025: What foreigners working in Vietnam need to know", August 7, 2025, https://www.vietnam-briefing.com/news/decree-2192025-what-foreigners-working-in-vietnam-need-to-know.html
5. The government has implemented a new policy that simplifies work permit procedures for foreign workers entering Vietnam, as stated in Decree No. 219/2025/ND-CP.
6. One of the key reforms involves an integrated work permit application process, which requires employers to submit a document explaining their demand for foreign labor.
7. The provincial-level People's Committee is now responsible for considering and approving the demand for foreign workers within 10 working days.
8. Short-term work missions for foreign specialists have been extended to up to 90 days per calendar year, without requiring a full work permit.
9. Exemptions from work permits have been introduced for experts in finance, technology, and national digital transformation, among other priority sectors.
10. Foreign students and foreigners teaching, managing, or acting as executive directors at educational institutions may also be exempt from obtaining a work permit.
11. Foreign workers who are capital owners, contributors, or consultants in certain fields, or engaged in press activities may also be exempt from obtaining a work permit.
12. The new decree does not specify the consequences for violating the regulations on work permit issuance for foreign workers or the process for providing a written response if a work permit demand is denied.

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