Introduction
On 07 August 2025, the Government approved Decree No. 219/2025/ND-CP (“Decree 219”), which takes immediate effect upon issuance. This new decree replaces Decree No. 152/2020/ND-CP and its amendment, Decree No. 70/2023/ND-CP (collectively, “Decree 152”), governing the employment of foreign employees in Vietnam.
Introduced as a part of a broader administrative reform initiative, Decree 219 represents a significant step toward modernizing labour management and attracting global talent, especially in high-tech, innovation, digital transformation, and other socio-economic priority sectors. Its core objectives include simplifying procedures and decentralizing authority to local agencies, thereby boosting administrative efficiency and delivering tangible benefits to businesses and investors.
Key Highlights of Decree 219
New Assignment Category
Decree 219 introduces a new form of assignment allowing foreign employees to be seconded from an overseas entity to work in Vietnam, excluding cases classified as “intra-corporate transferees” (ICTs). For this category, supporting documents include: (i) A letter from the foreign employer assigning the employee to work in Vietnam; and (ii) Evidence that the foreign position is compatible with the intended position in Vietnam.
Unlike the ICT category, which requires at least 12 consecutive months of prior employment with the sending entity, this new form imposes no minimum prior employment period, thereby facilitating greater flexibility for personnel transfers within multinational groups.
However, there is currently no official lacks specific guidance on what constitutes a “compatible” position or whether additional evidence will be required. This ambiguity may lead to inconsistent interpretation and enforcement across authorities. Clear implementing guidance will be crucial to ensure uniform enforcement.
Updated Qualification Requirements for Specific Positions
Executive Directors
In addition to the existing requirement that an Executive Director must lead and directly manage a specific division within the organization, candidates must now demonstrate at least three years of relevant experience in the field associated with the intended position in Vietnam. This change tightens eligibility, requiring both managerial leadership capacity and sector-specific expertise.
Experts
For expert positions, Decree 219 relaxes the requirements compared to Decree 152. Specifically, in addition to holding a university degree or higher (or its equivalent), candidates are now required to have at least two years of relevant experience for the intended position in Vietnam (down from three years under Decree 152).
Notably, for strategic sectors such as finance, science, technology, innovation, national digital transformation, or other priority sectors under State policy or pursuant to international cooperation agreements of the Government of Vietnam, foreign nationals only need a university degree or higher in a relevant field and at least one year of relevant professional experience. This adjustment is designed to attract top-tier global talent to Vietnam’s strategic and priority industries in the coming period.
For Technical Workers
Experience requirements for technical worker roles have also been relaxed. Candidates may qualify under either of the following options: (i) at least one year of formal training plus two years of relevant experience (instead of three years under Decree 152), or (ii) at least three years of relevant experience in the specific field (instead of five years under Decree 152). This change aims to facilitate the recruitment of skilled technical workers while promoting technology and knowledge transfer to the local workforce.
Supplementing and Adjusting Work Permit (“WP”) Exemptions
Expanded Eligibility for WP Exemption
Decree 219 introduces new provisions allowing foreign employees to work in Vietnam without a WP if they are confirmed by ministries or ministerial-level agencies to work in key sectors, such as science, technology, innovation, national digital transformation, or other priority socio-economic development sectors.
This marks a major development in implementing Resolution 57-NQ/TW on breakthroughs in the development of science, technology, and national digital transformation. The regulation reflects Vietnam’s commitment to attracting highly skilled professionals by removing administrative barriers, thereby fostering a more welcoming environment for experts, top-tier talent, and investors with strong financial and technological capabilities.
Adjustments for Short-Term Work in Vietnam
Under Decree 219, managers, executive directors, experts, and technical workers may now work for up to 90 days within a calendar year, replacing the previous limit of 30 days per business trip and a maximum of three trips per year. This change provides greater flexibility in scheduling work and travel, as there is no longer a cap on the number of entries, provided the total number of working days does not exceed 90 annually. However, Decree 219 does not yet provide detailed guidance on short-term work arrangements, leaving room for further clarification.
Simplification of WP Procedures
Integration of Foreign Labour Demand Approval into WP Applications
Previously, under Decree 152, employers were required to obtain a separate approval of foreign labour demand before applying for a WP. Decree 219 streamlines this process by integrating labour demand approval directly into WP issuance, reissuance, or extension procedures. This approach is expected to significantly reduce processing time from 36 calendar days to approximately 10 working days, easing administrative burdens for employers and facilitating the onboarding of foreign employees.
Changes in Recruitment Notification Requirements
Decree 152 required employers to post recruitment notices on the Electronic Information Portal of the MOLISA or the Electronic Information Portal of the Employment Service Centre. Decree 219 relaxes this requirement, allowing recruitment notices to be posted directly or through employment service organizations or labour leasing companies. Although detailed guidance is pending, this change provides employers with greater flexibility and autonomy in recruitment practices.
Streamlined Criminal Record Issuance Procedures
Under Decree 219, employers can now request a WP and a criminal record certificate simultaneously on behalf of foreign employees through the national public service portal. The police authority will issue an electronic criminal record certificate and forward it to the WP authority once a complete and valid application is received. Both the electronic criminal record certificate and WP will be delivered to the employer together.
Changes in WP Issuing Authority
In line with the Government’s broader initiative to streamline and restructure state administrative bodies, the Ministry of Home Affairs (MOHA) has now been designated as the primary authority responsible for labour-related state management, following its merger with the Ministry of Labour, Invalids and Social Affairs (MOLISA). This structural adjustment is aimed at enhancing efficiency and consistency in the oversight of labour administration. Accordingly, the Department of Home Affairs (DOHA) will now oversee the issuance, reissuance, extension, and revocation of WPs, as well as certifications of WP exemption. This new authority applies across most sectors, with the exception of foreign employees working in agencies, organizations, or enterprises established by the Government, Prime Minister, ministries, ministerial-level agencies, or Government-attached bodies. In such instances, the responsible authority will remain either MOHA or the Provincial People’s Committee where the entity is located.
Other Changes
Replacement Job Title with Work Field
Under Decree 219, the employers must now declare the foreign employee’s work field, identified according to the Level 3 occupation names in Appendix I of Decision No. 34/2020/QD-TTg of the Prime Minister on the Vietnam Occupation Classification, instead of using self-assigned job titles as before. This change promotes standardization and alignment with Vietnam’s national occupation classification system.
Labour Contracts Submission No Longer Mandatory
Employers are no longer required to submit a signed labour contract as part of the WP application process. Instead, Decree 219 stipulates that a signed labour contract need only be provided upon request, reducing procedural complexity.
Simplified Notification for Multiple-Province Work
Previously, employers had to submit electronic reports to both MOLISA and DOLISA in every province where a foreign employee would work. Decree 219 streamlines this requirement. Employers now only need to notify the DOHA in the province where the employee will be based, eliminating the need for central ministry reporting.
Elimination of Foreign Labour Usage Reports
Decree 152 required employers to submit biannual reports on foreign labour usage. Decree 219 abolishes this requirement, reducing administrative burden on employers.
Adjustment to Health Certificate Requirements
Decree 152 required health certificates issued by competent medical authorities either either abroad or in Vietnam have to be valid within 12 months. Decree 219 introduces a more flexible approach, allowing foreign-issued health certificates to be accepted if Vietnam and the issuing country or territory have a mutual recognition agreement. This change facilitates smoother onboarding for foreign professionals.
Next Steps for Businesses
Given the broad reforms introduced under Decree 219, businesses should take proactive measures to align with the new regulatory landscape. Key actions include (i) Reviewing and updating foreign employee recruitment and management procedures to ensure early compliance, (ii) closely monitoring updates and detailed guidance from authorities to stay ahead of implementation nuances and (iii) Reevaluating international talent strategies, particularly in high-growth sectors such as technology, innovation, and finance, to capitalize on the streamlined conditions and incentives now available..
With thoughtful preparation, employers can not only mitigate legal and operational risks but also harness the new framework to attract and deploy foreign talent more effectively, fueling long-term growth and competitiveness.
Conclusion
Decree 219 marks a turning point in Vietnam’s approach to foreign labour management, shifting from rigid bureaucracy to a flexible, development-oriented framework. By simplifying procedures, easing qualification requirements, and expanding WP exemptions, Decree 219 foster a more dynamic and investor friendly environment. These reforms empower employers to strategically recruit and retain highly skilled foreign professionals, especially in technology, innovation, and priority socio-economic sectors. For employers ready to embrace this change, the opportunity to build a globally competitive workforce and secure a lasting edge in Vietnam’s evolving economy has never been clearer.
For further information, please contact:
Le Thi Khanh Hoan, Partner, Indochine Counsel
hoan.le@indochinecounsel.com
