To attract high-quality foreign labor, in line with the socio-economic development orientation, the Vietnamese Government has issued Decree No. 219/2025/ND-CP date 07 / 08 / 2025 (hereinafter referred to as Decree 219) replacing Decree No. 152/2020/ND-CP and Decree No. 70/2023/ND-CP. This Decree provides many regulations to support and facilitate businesses in employing foreign workers, specifically as follows.
1. Streamlining procedures for approving the need to use foreign labor
a) According to old regulations (Point a, Clause 1, Article 4, Decree 70/2023/ND-CP):
At least 15 days before the employee's expected working date, the enterprise must carry out procedures to request approval of the need to use foreign labor with the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign employee is expected to work.
If approved, the enterprise will carry out the procedure to apply for a Work Permit (GPLĐ) for foreign workers with the approval document attached to the GPLĐ application.
b) According to new regulations (Clause 3, Article 22, Decree 219):
At least 10 days before the employee's expected working date, the enterprise must submit an application for a work permit. The information about labour demand can now be incorporated directly into the application form. This new regulation helps simplify administrative processes and procedures, saving time for businesses.
2. Transferring the authority to grant 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 be under the authority of Provincial People's Committee at the place where the enterprise where the foreign employee works has its headquarters, branch, representative office or business location.
- In case an enterprise operates in many provinces or central cities, the enforcement authority will belong to the People's Committee of the province where the enterprise has its headquarters.
3. It is not required to re-submit the labor contract after being granted a work permit.
a) According to old regulations (Clause 3, Article 11, 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 employee in accordance with the provisions of Vietnamese labor law and return the signed labor contract (original or certified copy) to the authority that issued the work permit.
b) According to new regulations (Clause 4, Article 22, Decree 219):
After the work permit has been granted and the labor contract has been signed in accordance with the law, the enterprise only needs to submit a copy of the signed labor contract. when requested by the competent authority that issued the work permit, instead of being mandatory as in the old regulation.
4. Expanding the cases exempted from work permits
According to the Clause 15 Article 7 Decree 219, subjects exempted from work permits include foreign workers working in priority fields such as finance, science, technology, innovation, national digital transformation, or socio-economic development fields confirmed by ministries, ministerial-level agencies or provincial People's Committees.
In addition, the Decree also stipulates more clearly some cases exempted from work permits in previous documents. Specifically at Clause 13 Article 7Foreign workers who are managers, executives, experts, and technical workers are exempted from work permits if they fall into one of the following cases:
- Total working time in Vietnam not more than 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 according to WTO commitments), and having worked for at least 12 consecutive months at the previous business.
📜 “Commercial presence includes economic organizations with foreign investment capital; representative offices and branches of foreign traders in Vietnam; executive offices of foreign investors in business cooperation contracts.”
– Excerpt from Point b Clause 13 Article 7 Decree 219
5. Reduce the experience requirement for specialist positions
According to the Clause 3, Article 3 Decree 219, expert position belongs to one of the following cases:
- Have a university degree or higher (or equivalent) and have Minimum 02 years experience related to the job position that the foreign worker is expected to take up (previously 03 years);
- Have a university degree or higher and have Minimum 01 years experience related to the job positions that foreign workers are expected to take up in priority fields such as finance, science, technology, innovation, national digital transformation, or socio-economic development fields.
In addition to inheriting previous regulations, Decree 219 brings many important improvements in the management of foreign labor in Vietnam. Procedures are streamlined and processing time is shortened, helping businesses reduce administrative burdens. This is a step that 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 capital flows and high-quality international human resources.