What changed with Decree 219/2025/ND-CP
Decree 219/2025/ND-CP took effect on 7 August 2025 and replaced Decree 152/2020/ND-CP and Decree 70/2023/ND-CP. The main changes for employers:
- One application instead of two. The separate approval of foreign labour demand is gone. The employer explains the need for a foreign worker inside the work permit application (Form 03), and the authority approves the need and issues the permit together.
- Provincial authority, online filing. The provincial People's Committee where the employee will work issues, extends and revokes permits. Files can be submitted online through the National Public Service Portal or at the provincial public administration service centre.
- Shorter job posting. Before filing for a worker on a local labour contract, the employer must advertise the role to Vietnamese candidates for at least 5 days.
- Lower experience thresholds. Experts need a university degree and 2 years of relevant experience, or 1 year in priority sectors such as finance, science and technology, innovation and digital transformation.
- Work in several provinces. One employer can deploy a permit holder to other provinces by notifying the authority at least 3 days in advance, without a second permit.
Who needs a work permit
Under the Labour Code 2019, a foreign employee must be at least 18, have the professional qualifications, skills and health the job requires, not be serving a criminal sentence or have an unspent conviction, and hold a work permit unless exempt. Decree 219 recognises four job positions:
| Position | Requirement under Decree 219 |
|---|---|
| Manager | An enterprise manager under the Law on Enterprises, or the head or deputy head of an agency or organisation |
| Executive director | Head of a branch, representative office or business location; or head of a function who directly runs it, with at least 3 years of relevant experience |
| Expert | University degree or higher and at least 2 years of relevant experience; or a degree in the field and at least 1 year in a priority sector |
| Technical worker | At least 1 year of training and 2 years of relevant experience; or at least 3 years of relevant experience |
Who is exempt from a work permit
Exempt workers fall into two groups. Some need a confirmation of exemption from the provincial authority; others only require the employer to notify the authority at least 3 working days before work starts.
| Exempt group | What the employer must do |
|---|---|
| Owner or capital contributor of at least 3 billion VND in a limited liability company | Notify at least 3 working days before start |
| Chair or member of the board of a joint stock company with at least 3 billion VND of capital | Notify at least 3 working days before start |
| Manager, executive, expert or technical worker working in Vietnam for less than 90 days in total in a calendar year | Notify at least 3 working days before start |
| Person responsible for establishing a commercial presence | Notify at least 3 working days before start |
| Intra-company transferee in one of the 11 WTO service sectors, employed by the foreign parent for at least 12 continuous months | Obtain a confirmation of exemption |
| Expert confirmed by a ministry or provincial People's Committee to work in finance, science, technology, innovation, digital transformation or a priority sector | Obtain a confirmation of exemption |
Other exemptions cover, for example, foreign reporters accredited by the Ministry of Foreign Affairs, students on internships, and people working under international or ODA agreements. A confirmation of exemption lasts up to 2 years and can be extended once.
Documents for a work permit application
- The employer's request and explanation of the need for a foreign worker (Form 03), including the job posting made at least 5 days earlier.
- A health certificate from a qualified clinic. Foreign-issued certificates are accepted only where Vietnam has a mutual recognition agreement with the issuing country, and must be no older than 12 months.
- A valid passport.
- A criminal record certificate issued no more than 6 months before filing. It can now be applied for together with the work permit through an integrated procedure.
- Two colour photos, 4 × 6 cm, on a white background.
- Proof of the form of work, for example the assignment letter for an intra-company transfer, or the service contract.
- Proof of the job position: degrees, experience letters or appointment documents for managers, executives, experts and technical workers.
Foreign documents must be consularly legalised, unless an exemption applies, and translated into Vietnamese with certification.
Step-by-step process and timeline
| Step | Who | Timing |
|---|---|---|
| 1. Advertise the role to Vietnamese candidates | Employer | At least 5 days before filing (local labour contracts) |
| 2. Collect, legalise and translate documents | Employer and employee | Often the longest step; allow several weeks |
| 3. File the application online or at the provincial centre | Employer | Between 60 and 10 days before the start date |
| 4. Decision and issue of the permit | Provincial People's Committee | Within 10 working days of a complete file (a refusal is explained within 3 working days) |
| 5. Sign the labour contract | Employer and employee | After the permit is issued, for local hires; send a copy to the issuing authority |
| 6. Apply for an LĐ visa or temporary residence card | Employer as sponsor | Residence card decided within 5 working days |
Validity, extensions and changes
- Validity: matched to the labour contract, assignment or service contract, but no more than 2 years.
- Extension: file between 45 and 10 days before expiry. The authority decides within 10 working days. A permit can be extended only once, for up to 2 years.
- New employer: working for a different employer, even in the same role, requires a new work permit.
- New role with the same employer: changing the job position or form of work also requires a new permit.
- Re-issue: a lost or damaged permit, or a change of name, nationality, passport number or employer name, is handled by re-issuing the permit for its remaining term.
Work visas: LĐ1, LĐ2 and short visits
Foreigners working in Vietnam use labour visas: LĐ1 for people confirmed as exempt from a work permit, and LĐ2 for people who need one. LĐ visas are valid for up to 2 years. Electronic visas (EV), valid for up to 90 days with single or multiple entry since August 2023, suit short visits but are not a basis for long-term employment.
Temporary residence cards
A temporary residence card (TRC) lets a foreign employee live in Vietnam and travel in and out without a visa. Key rules under the Law on Entry, Exit, Transit and Residence of Foreigners:
- Who qualifies: foreigners who entered on visas such as LĐ1, LĐ2, ĐT1 to ĐT3 or TT (dependants). The card carries the same symbol as the visa.
- Validity: LĐ1 and LĐ2 cards last up to 2 years; investor cards up to 10 years (ĐT1), 5 years (ĐT2) or 3 years (ĐT3); dependant (TT) cards up to 3 years. Every card must expire at least 30 days before the passport.
- Processing: the immigration authority decides within 5 working days of a complete file, sponsored by the employer.
- Plan for a visa conversion in 2026. Since early 2026, immigration advisers report that offices apply the visa-symbol rule strictly: employees who entered on a business visa (DN), e-visa or other non-LĐ visa must convert to the right visa before applying for a card, which adds roughly two weeks.
Penalties for working without a permit
Under Decree 12/2022/ND-CP, an employer that uses foreign workers without a work permit or exemption can be fined 30 to 75 million VND for an individual employer, depending on the number of workers, and double that for an organisation. The foreign worker can be fined 15 to 25 million VND and made to leave Vietnam or be deported.
Hiring a foreign employee through an Employer of Record
If your company has no entity in Vietnam, an Employer of Record can sponsor the work permit, LĐ visa and temporary residence card as the legal employer. Nhân Kiệt prepares the job posting and Form 03 application, coordinates document legalisation, files with the provincial authority, and then runs payroll, social and health insurance for the employee. See what the role will cost with our employer cost calculator (choose "Foreign national"), and read the wider guide to hiring in Vietnam.
Sources
- Decree 219/2025/ND-CP on foreign workers working in Vietnam (Official Gazette, Articles 3, 7, 18, 21, 22, 28 and 29)
- Labour Code 2019, Articles 151 to 157 on foreign workers
- Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam, consolidated text (Articles 9, 36, 37 and 38)
- Decree 12/2022/ND-CP on administrative penalties in labour, Article 32
General information, checked against the legal texts in October 2026. It is not legal advice, and local practice varies by province. Ask our team to confirm the requirements for your specific hire.