Decree 219/2025/ND-CP: A Comprehensive Reform in Foreign Labor Management in Vietnam

On August 7, 2025, the Government issued Decree No. 219/2025/ND-CP ("Decree 219"), effective immediately from the signing date, replacing Decree No. 152/2020/ND-CP and Decree No. 70/2023/ND-CP on the management of foreign workers in Vietnam.

This is considered one of the most significant reform waves in foreign labor management in recent years. Not only does Decree 219 amend the conditions for issuing work permits, but it also changes the management approach towards simplifying administrative procedures, strongly decentralizing power to local authorities, reducing compliance burdens for businesses, and simultaneously creating conditions to attract high-quality human resources in priority sectors such as technology, innovation, digital transformation, and finance.

For foreign-invested enterprises (FDI), multinational corporations, and investors operating in Vietnam, it is essential to promptly grasp the changes in Decree 219 to ensure legal compliance and leverage new favorable mechanisms.

1. Addition of a New Form of Foreign Labor Secondment

One of the notable new points of Decree 219 is the addition of a new form of foreign labor secondment to Vietnam, alongside the previously regulated form of Intra-Corporate Transferee (ICT).

Under the new regulations, businesses can second employees from overseas companies to work in Vietnam without requiring the employee to have a minimum of 12 consecutive months of work experience at the parent company, as was required for ICT cases.

The dossier for this form includes:

• A document issued by the overseas enterprise seconding the employee to work in Vietnam;
• Documents proving that the overseas job position is consistent with the position intended to be held in Vietnam.

This regulation offers significant flexibility for multinational corporations in rotating personnel among their member companies.

However, the Decree currently does not clarify what constitutes a "suitable job position", nor does it specifically regulate the corresponding types of supporting documents. This may lead to different interpretations and applications among management agencies in various localities until detailed guidance is issued.

2. Adjustment of Conditions for Each Group of Foreign Workers

For Executive Directors

Decree 219 adds conditions for the position of Executive Director.

In addition to directly managing and operating a department within the enterprise as before, the appointed person must also have at least 03 years of relevant work experience in the field intended to be held in Vietnam.

The new regulation indicates that management agencies not only assess management capabilities but also emphasize professional experience in the field of operation.

For Experts

For the expert group, Decree 219 tends to loosen conditions compared to previous regulations.

Accordingly, in addition to holding a university degree or equivalent, the employee only needs 02 years of relevant work experience, instead of 03 years as before.

Especially for fields prioritized by the State such as:

• Finance;
• Science;
• Technology;
• Innovation;
• National digital transformation;
• Or priority sectors according to the Government's development policy,

the employee only needs:

• A relevant university degree;
• A minimum of 01 year of professional experience.

This is considered an important step to attract high-quality human resources to serve the economic development strategy in the new period.

For Technical Workers

Conditions for technical workers are also adjusted to be more flexible.

Employees can meet one of two options:

Option 1

• At least 01 year of specialized training;
• A minimum of 02 years of work experience.

Option 2

• At least 03 years of practical experience in the specialized field.

Compared to the old regulations (01 year of training + 03 years of experience or 05 years of practical experience), the new conditions have been significantly shortened, making it easier for businesses to access international technical human resources.

3. Expansion of Cases Exempt from Work Permits

Another highlight of Decree 219 is the expansion of subjects exempt from work permits.

Accordingly, foreign workers in the fields of:

• Science;
• Technology;
• Innovation;
• National digital transformation;
• Or socio-economic development priority sectors,

may be exempt from work permits if confirmed by competent agencies, ministries, or sectors.

This regulation reflects the Government's orientation in implementing Resolution No. 57-NQ/TW, aiming to build a more attractive investment environment for experts, scientists, and technology enterprises.

4. Loosening Regulations for Short-Term Labor

Under the old regulations, managers, executive directors, experts, and technical workers were only allowed to work in Vietnam:

• No more than 30 days for each work period;
• And a maximum of 03 times in one year.

Decree 219 has completely changed this mechanism.

Accordingly, employees in the aforementioned groups are allowed to work in Vietnam for a maximum of 90 days in a calendar year, with no longer any limit on the number of entries or business trips.

The new regulation creates more favorable conditions for businesses that frequently second experts to Vietnam to carry out short-term projects.

However, the Decree currently does not provide specific guidance on how to determine the number of working days or the method of managing the duration of stay in this case.

5. Comprehensive Simplification of Work Permit Issuance Procedures

Integration of Procedures for Approving the Need for Foreign Labor

One of the reforms highly appreciated by businesses is the abolition of the process of seeking approval for the need to use foreign labor as an independent procedure.

Previously, businesses had to perform two steps:

• Seek approval for the need to use foreign labor;
• Then submit an application for a work permit.

Under Decree 219, these two procedures are integrated into a single process.

As a result, the total processing time is expected to decrease from approximately 36 days to about 10 working days, significantly reducing the time businesses need to recruit foreign personnel.

More Flexibility in Recruitment Announcements

Enterprises are no longer required to post recruitment notices on the labor management agency's portal as before.

Instead, enterprises can conduct recruitment:

• Directly;
• Through employment service providers;
• Or labor leasing enterprises.

This helps enterprises be more proactive in recruitment activities.

Simplification of Criminal Record Certificate Issuance Procedures

Enterprises can simultaneously carry out:

• Procedures for applying for a work permit;
• And requesting a Criminal Record Certificate

through the National Public Service Portal.

After receiving a valid application, the police agency will issue an electronic Criminal Record Certificate and send it directly to the work permit issuing agency.

6. Change in the Competent Authority for Work Permit Issuance

Following the reorganization of the state apparatus, the Ministry of Home Affairs officially took over labor management functions from the Ministry of Labor, Invalids and Social Affairs.

Accordingly, the Department of Home Affairs will be the agency responsible for:

• Issuing work permits;
• Extending;
• Reissuing;
• Revoking work permits;
• Confirming work permit exemption.

This decentralization is expected to improve the efficiency of dossier processing and shorten the time for administrative procedures.

7. Other Notable Changes

In addition to the above, Decree 219 also adds many notable new points such as:

• Replacing the declaration of job title with field of work, based on the Vietnamese Occupational Classification List issued with Decision No. 34/2020/QD-TTg.
• No longer mandatory to submit labor contracts in the application for a work permit; only provided when requested by the competent authority.
• Enterprises only need to notify the Department of Home Affairs where the employee primarily works, instead of having to notify multiple localities when the employee works in multiple provinces and cities.
• Abolishing the obligation to submit a 6-month periodic report on the situation of foreign labor utilization.
• Expanding the recognition of health certificates issued abroad in cases where Vietnam and the issuing country have a mutual recognition agreement.

What should enterprises prepare for?

Given the comprehensive changes in Decree 219, enterprises should proactively:

• Review recruitment and foreign labor management processes;
• Update records, forms, and internal procedures in accordance with the new regulations;
• Monitor guiding documents for implementation to promptly address unclear issues;
• Develop an appropriate foreign personnel utilization strategy, especially for technology, finance, innovation, and digital transformation sectors.

Early preparation will help enterprises both minimize legal risks and effectively leverage new policies to enhance competitiveness.

Conclusion

Decree 219/2025/ND-CP marks a significant shift in foreign labor management policy in Vietnam, with a focus on simplifying administrative procedures, facilitating businesses, and increasing the attractiveness of the investment environment.

Changes in recruitment conditions, work permit exemptions, shortened processing times, and expanded mechanisms to attract foreign experts not only help businesses reduce compliance costs but also contribute to improving access to high-quality human resources in the context of Vietnam's strong development of the digital economy, innovation, and international integration.

For businesses currently employing or planning to recruit foreign workers, proactively updating and complying with Decree 219 will be a crucial factor in ensuring efficient and sustainable investment and business operations.

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