Recommended actions
Enterprises and organizations are advised to engage in thorough preparation and planning when applying for work permits, in light of the updated requirements under Decree 219.
Please do not hesitate to contact us if you have questions regarding Decree 219 or need assistance with work permit application procedures.
In more detail
Below is a summary of the key contents of Decree 219:
1. Integrated procedures
Previously, employers seeking to obtain a work permit for foreign employees were required to complete three separate regulatory steps, including: (i) posting a recruitment notice to employ Vietnamese workers for the intended position; (ii) submitting a request for approval on the need to utilize foreign labor; and (iii) applying for the issuance of a work permit.
Decree 219 streamlines this process by consolidating the relevant administrative steps. In particular, employers are no longer required to post a recruitment notice or obtain approval for the need to use foreign labor — except in specific cases concerning working forms of: (i) performing a labor contract; (ii) implementation of bid packages and projects in Vietnam; and (iii) performing labor contracts with foreign diplomatic missions or foreign organizations operating in Vietnam. This reform is intended to reduce procedural burdens and improve efficiency in the work permit application process.
2. New procedures for work permit exemptions
Decree 219 introduces new procedures for the renewal and reissuance of work permit exemption certificates. Accordingly, a work permit exemption may now be renewed once for a maximum duration of two years upon its expiration. Employers must submit the renewal application between 45 and 10 days before the certificate's expiry date.
Additionally, Decree 219 allows reissuance of work permit exemption certificates in case of loss, damage, or changes to personal or employment details without changing the enterprise registration code. The reissued certificate will be valid for the remaining duration of the original.
3. Changes to work permit exemption cases
Decree 219 revises, clarifies and supplements the categories of foreign workers eligible for work permit exemptions. Key updates include the following:
- Clarification of cases involving: (i) foreigners who are owners, or capital contributors with a capital contribution value of at least VND 3 billion, of a limited liability company; and (ii) foreigners who are chairpersons or members of the board of management with a capital contribution of at least VND 3 billion of a joint-stock company
- Revision of cases such as: (i) foreigners working in Vietnam for less than 90 days per calendar year (from 1 January to 31 December), with no limit on the number of entries; and (ii) foreign students and interns studying at educational institutions in Vietnam or abroad who have internship agreements or job offers from employers in Vietnam
- Addition of a new exemption category for foreigners confirmed by relevant ministries or provincial People's Committees to work in priority sectors such as finance, science, technology, innovation and digital transformation
4. Changes to conditions for the working positions of "executive director," "expert" and "technician"
Under Decree 219, an "executive director" who leads and directly manages a function of an enterprise is now required to have a minimum of three years of relevant work experience for the intended position in Vietnam. This imposes a stricter requirement compared to Decree 152 and Decree 70.
However, Decree 219 relaxes the work experience requirements for "expert" and "technician" positions. Specifically:
- To qualify as an "expert," a foreigner must hold a bachelor's degree (or higher) and have at least two years (reduced from three) of relevant work experience. For experts working in sectors prioritized for national development, such as finance, science, technology, innovation and digital transformation, only one year of relevant experience is required.
- To qualify as a "technician," a foreigner must possess a minimum of three years (reduced from five) of relevant work experience. If the individual has only two years of experience, a one-year training requirement must be fulfilled.
5. Changes to evidence of work permit eligibility for "business managers" and "executive director"
Under Decree 219, employers are now required to submit only one of the following documents to demonstrate a foreign worker's eligibility for the "business manager" position:
- The enterprise's charter, along with documents proving managerial status or a decision on the appointment of the foreigner to the business manager position
- Establishment license or an appointment/transfer decision for the head or deputy head of the organization
For the "executive director" position, acceptable documents include one of the following:
- A certificate of registration for the operation of a branch, representative office or business location of the enterprise
- The enterprise's charter or a document outlining the organizational structure of the organization; and a confirmation from the foreign employer verifying the number of years of relevant work experience in the field corresponding to the position the foreign worker is expected to hold in Vietnam
6. Changes to working forms
Decree 219 introduces several changes to the recognized working forms for foreign employees in Vietnam.
- New working forms include the following:
- Foreigners who are owners or capital contributors of a limited liability company, or chairpersons/members of the board of management of a joint-stock company, with a capital contribution of less than VND 3 billion
- Foreigners performing labor contracts with foreign diplomatic missions or foreign organizations operating in Vietnam
- Revised working form: Decree 219 replaces the "executive, expert, technical worker" working form category with a new category, i.e., "employees transferred from foreign entities to Vietnam, excluding intra-corporate transferees." This change aims to create clearer distinctions between job positions and working forms under relevant applications.
- Removed working form: The working form of foreigners working for foreign non-governmental organizations or international organizations in Vietnam has been removed.
7. Online judicial record integration: Under Decree 219, employers will be able to submit online applications for judicial record certificates together with work permit applications. The labor authorities will then coordinate with the police to process and return both documents electronically.
8. Delegated authority: Authority to issue and renew work permits and work permit exemptions is assigned to the relevant Provincial People's Committees. If a foreign employee works in multiple locations, the Provincial People's Committee where the employer's head office is located will act as the designated authority.
9. Notification to labor authorities when working in different locations: Employers now can notify the relevant authority in the location where a foreign employee will be assigned to work, at least three days prior to the anticipated start date (instead of applying for work permits at the Ministry of Home Affairs or MOHA).
10. Other notable changes
- Removal of semi-annual reporting: Employers are no longer required to submit biannual reports on foreign labor usage.
- Updated requirements on evidentiary documents for work permit eligibility:
- Health certificates issued by foreign authorities may be accepted if Vietnam has a mutual recognition agreement with the issuing country. Clarification on accepted jurisdictions is pending.
- Foreign employee photos (as required in submission dossiers) no longer need to have been taken within six months of the submission date.
