Overview of the 2026 Work Permit Regulations – Key Changes Affecting Foreign Workers in Vietnam

Updated according to Decree No. 219/2025/NĐ-CP, effective from 7 August 2025

1. Background and Legal Basis

In recent years, Vietnam has increasingly attracted foreign investors, experts, and skilled workers. To facilitate business operations while ensuring effective labor market management, the Government issued Decree No. 219/2025/NĐ-CP dated 7 August 2025 on foreign workers in Vietnam, effective immediately upon signing.

Decree 219/2025 is promulgated pursuant to the 2019 Labor Code, detailing:

Conditions, procedures, and processes for the issuance, re-issuance, extension, and revocation of work permits (WP);
Procedures for issuance, re-issuance, and extension of confirmations of exemption from work permit requirements;
Cases in which foreign nationals are exempt from work permits under Clauses 1, 2, and 9, Article 154 of the Labor Code.

The Decree replaces the previous framework under Decree 152/2020/NĐ-CP and Decree 70/2023/NĐ-CP, modernizing and simplifying Vietnam’s system for managing foreign employees.

2. Scope of Application – Who Should Be Concerned?

Decree 219/2025 governs two primary groups:

Foreign workers in Vietnam, including individuals working in the following forms:

Working under a labor contract with a Vietnamese employer;
Intra-corporate transferees;
Performing service contracts;
Working under agreements between Vietnamese and foreign partners;
Managers, executive directors, experts, and technical workers in projects, contracts, or assignments.

Vietnamese entities employing foreign workers, including:

FDI enterprises, representative offices, and branches;
International organizations and NGOs;
State agencies, public service units, associations, and social organizations.

If you are a foreign national working—or planning to work—in Vietnam, or a business employing foreign personnel, the requirements under Decree 219/2025 constitute mandatory legal knowledge.

3. Categories of Foreign Workers and Core Eligibility Requirements

Decree 219 defines the categories of foreign workers eligible for employment in Vietnam and adjusts qualification/experience requirements toward greater flexibility.

3.1. Expert

A foreign worker is classified as an “expert” if they satisfy one of the following:

General criteria:

Holding a university degree or higher (or equivalent); and
Having at least 02 years of experience relevant to the intended position in Vietnam.

Specialized criteria for priority sectors (finance, science, technology, innovation, national digital transformation, and socio-economic priority sectors):

Holding a university degree or higher in the relevant major; and
Having at least 01 year of experience in the related field.

New point: The experience requirement is reduced from 3 years to 2 years, and to only 1 year for priority-sector experts—significantly benefiting younger yet highly specialized professionals.

3.2. Technical Worker

A technical worker qualifies if they meet one of the following:

Completed technical or vocational training of at least 01 year and possess at least 02 years of experience in the trained field; or
Possess at least 03 years of relevant experience even without formal training certification.

Compared to former regulations, the experience requirement is reduced from 3–5 years to 2–3 years, offering businesses easier access to skilled labor.

3.3. Manager and Executive Director

A manager is an individual heading or serving as deputy head of a department or unit, in accordance with the Law on Enterprises.
An executive director may be the head of a branch, representative office, or business location, or a person directly managing a functional area, with at least 03 years of experience in that field.

4. Key Highlights of the 2025 Work Permit Regulations

4.1. Consolidation of “Demand for Foreign Labor” into the Work Permit Application

Previously, employers were required to complete two separate steps:

1. Submission of a report explaining the need to hire foreign workers (15-day processing time);

2. Submission of the work permit application (5-day processing time).

Total processing time could reach 20 working days, requiring two separate submissions.

Under Decree 219, these are merged into a single procedure using Form No. 03, submitted once via the Public Administrative Service Center or the National Public Service Portal.

4.2. Processing Time Reduced to 10 Working Days

The competent authority must review the labor demand and issue the work permit within 10 working days upon receipt of a complete dossier.

If the application is rejected, a written explanation must be provided within 03 working days.

This is a major improvement supporting project timelines and HR planning.

4.3. Delegation of Authority to Provincial People’s Committees (PPCs)

The PPC is now the main authority responsible for issuance, re-issuance, extension, and revocation of work permits, and confirmation of work permit exemption. PPCs may delegate to specialized agencies (e.g., Department of Home Affairs, Management Boards of Industrial or High-Tech Zones).

This decentralization:

Shortens processing flows;
Enhances flexibility between provinces;
Allows businesses to work directly with the locality where the foreign worker will perform duties.

4.4. Work Permit Validity and Extension Limits

Maximum validity: 02 years, based on the labor contract, assignment letter, cooperation agreement, or business license.
Work permits may be extended once only, for up to 02 additional years.

Thus, the maximum consecutive working period under a single work-permit cycle (issuance + extension) is 04 years.

Afterward, a new work permit application is generally required.

4.5. Ability to Work in Multiple Provinces Using One Work Permit

A single work permit may now be valid in multiple locations provided that:

The foreign worker is employed by the same employer, and
The employer notifies the competent authority in the new locality at least 03 working days before the worker begins duties.

This is highly advantageous for corporations or contractors operating across several provinces.

4.6. Expansion to 15 Categories of Work Permit Exemption

The exemption list is broadened to 15 cases, including:

Specialists, scientists, and workers in finance, science, technology, innovation, digital transformation, etc., certified by competent authorities.
Managers, executive directors, experts, and technical workers working in Vietnam for no more than 90 days per year, instead of the previous limit of 30 days per visit and no more than 3 visits per year.

However, employers must still submit prior notification at least 03 working days before the exempt worker begins work.

5. Impacts on Foreign Workers and Employers

For foreign workers:

Easier qualification as experts or technical workers due to reduced experience thresholds;
Greater flexibility for short-term assignments under 90 days per year;
Ability to legally work in multiple provinces with a single work permit.

For employers:

Reduced administrative burden (single submission using Form 03);
Predictable processing timeline of 10 working days;
Digital submission and local-level authority improve efficiency and reduce compliance costs.

6. Practical Recommendations

Review job positions to appropriately classify foreign workers and prepare relevant documents (qualifications, training certificates, experience letters).
Plan ahead:
Issuance: Apply 60 to at least 10 days before the expected start date;
Extension: Apply 10 to 45 days prior to the expiry date.
Leverage exemption cases where applicable (e.g., short-term work under 90 days).
Monitor the maximum 4-year cycle to plan next work permit or residency options (e.g., investor status).
Prepare legalized and authenticated documents (degrees, police clearance, experience certificates) to avoid dossier rejection.

7. Conclusion

Decree 219/2025/NĐ-CP represents a significant shift in Vietnam’s management of foreign labor: simplified procedures, faster processing, and clearer compliance obligations.

For foreign workers, this provides:

Easier legal entry into the Vietnamese labor market;
Stable lawful employment conditions;
A strong basis for residency applications (e.g., temporary residence cards).

For employers, understanding and applying the Decree correctly helps:

Avoid penalties, revocation of work permits, or deportation of workers;
Ensure smooth implementation of projects involving foreign expertise.

Note: This overview is for general advisory purposes and does not replace case-specific legal consultation. For actual applications, foreign workers and employers should consult local authorities or contact us for more detailed information