Decree 219/2025/ND-CP in English: Vietnam work permits

Full title: Decree on foreign workers working in Vietnam, No. 219/2025/ND-CP
Issued by: the Government on the proposal of the Minister of Home Affairs, 7 August 2025 (signed by Deputy Prime Minister Nguyen Hoa Binh)
In force from: 7 August 2025, the date of signing (Clause 1, Article 35)
Structure: 5 chapters, 36 articles and 1 appendix with 4 forms (Forms 01 to 04)
Replaces: the foreign-worker provisions of Decree 152/2020/ND-CP as amended by Decree 70/2023/ND-CP, and Article 8 and Section 2 of Appendix II of Decree 128/2025/ND-CP (Clauses 2 and 3, Article 35)
Legal basis: the Law on Government Organisation No. 63/2025/QH15 and the Labour Code No. 45/2019/QH14
Official Vietnamese text: Official Gazette portal · Official Gazette Nos. 1073 and 1074, 20 August 2025

Note: this page is LexData’s own unofficial English summary of the main rules. It is not the full text of the Decree or an official translation, and the forms in the appendix are not reproduced. Only the Vietnamese text has legal effect.

Scope and structure

The Decree implements Article 157 of the Labour Code. It sets the conditions and procedures to issue, re-issue, extend and revoke work permits and certificates of work permit exemption (exemption certificates), and it defines the exempt cases that Clauses 1, 2 and 9 of Article 154 of the Labour Code leave to the Government (Article 1).

Chapter	Subject	Articles
I	General: who is covered, job positions, competent authority, legalisation, e-filing	1–6
II	Issue, re-issue and extension of exemption certificates	7–17
III	Issue, re-issue and extension of work permits	18–29
IV	Revocation	30–33
V	Transition, entry into force, responsibilities	34–36

The Labour Code framework (Articles 151–157)

A foreign worker needs a work permit unless exempt under Article 154 (Point d, Clause 1, Article 151). A labour contract may not run longer than the work permit (Clause 2, Article 151).
Employers may hire foreigners only as managers, executives, experts or technical workers where Vietnamese workers cannot yet meet the need, and must explain that need and obtain written approval (Article 152).
A work permit lasts up to 2 years and may be extended once only, for up to 2 years (Article 155). A foreigner working without a permit may be forced to leave or deported (Clause 2, Article 153).
From 1 January 2026, Article 154 of the Labour Code has a new Clause 8a (high-quality digital technology industry personnel), added by Clause 4, Article 49 of the Law on Digital Technology Industry No. 71/2025/QH15. Decree 219 predates it and does not refer to that clause. The criteria for this group are set in Articles 5–10 of Decree 353/2025/ND-CP of 31 December 2025 (in force 1 January 2026). For example, a foreigner working directly in the digital technology industry qualifies with average income over the last 2 years of at least 3 times (if working in a developed country) or 5 times the GDP per capita of the country where they work (Points b and c, Clause 2, Article 6). Decree 353 sets no procedure for confirming the work permit exemption for this group.

Who is covered and forms of work (Article 2)

A foreign worker is a foreign national working in one of the four positions in Article 3 under one of 13 forms of work (Clause 1, Article 2):

Point	Form of work
a	Performing a labour contract
b	Intra-company transfer
c	Performing an economic or social contract or agreement
d	Contractual service supplier
dd	Offering services (service seller)
e	Volunteer
g	Person responsible for setting up a commercial presence
h	Transferred from an agency, organisation or enterprise abroad to work in Vietnam (other than an intra-company transfer)
i	Working on a tender package or project in Vietnam
k	Family member of a foreign mission member allowed to work under a treaty
l	Chair or member of the board of a joint stock company, or owner or member of a limited liability company, with a capital contribution below VND 3 billion
m	Performing a labour contract with a foreign diplomatic mission or foreign organisation in Vietnam

Employers include enterprises, agencies, organisations, contractors, foreign diplomatic missions in Vietnam and individuals licensed to do business (Clause 2, Article 2).

The four job positions (Article 3) and how to prove them (Article 19)

Position	Test (Article 3)	Supporting documents (Article 19)
Manager	An enterprise manager under Clause 24, Article 4 of the Law on Enterprises, or the head or deputy head of an agency or organisation	Charter plus proof of the manager role, or an appointment or assignment decision
Executive director	Head of a branch, representative office or business location; or head of a field who runs it directly with at least 3 years’ relevant experience	Registration certificate of the branch, representative office or business location; or the charter or organisation chart plus the foreign employer’s confirmation of experience
Expert	A university degree or equivalent and at least 2 years’ relevant experience; or a degree in the relevant discipline and at least 1 year’s experience for finance, science, technology, innovation, national digital transformation or priority sectors	Degree plus the foreign employer’s confirmation of experience; special documents for culture and sport, aviation, seafaring, education and other specialist occupations
Technical worker	At least 1 year of training and 2 years’ experience; or at least 3 years’ relevant experience	Training certificate plus confirmation of experience, or confirmation of experience alone

Priority sectors for experts are those identified by a ministry or provincial People’s Committee or set by a Government cooperation agreement (Point b, Clause 3, Article 3). A worker who has already worked in Vietnam may use the earlier work permit or exemption certificate instead of proof of experience (Article 19). Aviation and seafaring certificates issued abroad must be recognised by the Vietnamese authority (Point d, Clause 3, Article 19).

Authority, legalisation and filing (Articles 4–6)

The provincial People’s Committee where the worker will work (where the employer has its head office, branch, representative office or business location) issues, re-issues, extends and revokes permits and exemption certificates. If the worker works for one employer in several provinces, the committee where the head office is has authority (Clause 1, Article 4). The committee may delegate the task (Clause 2).
Foreign documents must be consular legalised unless exempt under a treaty, reciprocity or law, then translated into Vietnamese and certified. Copies must be certified against the original before translation (Article 5). From 11 September 2026, public documents of a state party to the Apostille Convention that applies the Convention with Vietnam and that carry an Apostille are exempt from consular legalisation, except in the cases in Article 26 (Clause 2, Article 25, Decree 293/2026/ND-CP).
Files may be lodged online on the National Public Service Portal (Clause 1, Article 6) or in person, by public postal service, through a service provider or by authorisation at the provincial Public Administration Service Centre (Clause 1, Article 9; Clause 1, Article 22).
The employer may file the work permit application together with the worker’s criminal record certificate application online, under the worker’s authorisation. Results are issued electronically and the processing time is the sum of both procedures (Clause 3, Article 6).
The International Financial Centre in Ho Chi Minh City and Da Nang has its own rules under Decree 325/2025/ND-CP. They apply to employers that are Centre members and to the Centre’s bodies listed in Clause 2, Article 2 of that Decree:
- The Centre’s executive body issues work permits and exemption certificates (Article 4).
- No statement of need is required (Clause 1, Article 8).
- Issue and extension files are decided within 3 working days at most (Clause 1, Article 6; Clause 2, Article 8).
- Work permits and exemption certificates last up to 10 years (Articles 7 and 9).
- The other steps follow Decree 219.

Who is exempt from a work permit (Article 7)

On top of the cases in Clauses 3 to 8 of Article 154 of the Labour Code (heads of representative offices or projects of international organisations and foreign NGOs; stays of under 3 months to offer services or to fix complex technical problems; foreign lawyers licensed in Vietnam; treaty cases; foreigners married to Vietnamese citizens and living in Vietnam), Article 7 exempts:

Owners and members of a limited liability company and the chair and members of the board of a joint stock company whose capital contribution is VND 3 billion or more (Clauses 2 and 3). Below that threshold a work permit is still needed (Point l, Clause 1, Article 2).
ODA programme and project experts (Clause 4); foreign journalists accredited by the Ministry of Foreign Affairs (Clause 5); teachers and managers sent by a foreign authority to education institutions proposed by foreign missions or intergovernmental organisations (Clause 6).
Students on an internship agreement or invitation, and trainees on Vietnamese seagoing ships (Clause 7); family members of foreign mission staff (Clause 8); official passport holders working for State or political bodies (Clause 9).
The person responsible for setting up a commercial presence (Clause 10); unpaid volunteers under a treaty (Clause 11); people carrying out international agreements of central or provincial bodies (Clause 12).
Managers, executive directors, experts and technical workers (Clause 13) who:
- work in Vietnam for less than 90 days in total in a calendar year (1 January to 31 December) (Point a); or
- are intra-company transferees within the 11 service sectors in Vietnam’s WTO schedule, employed by the foreign enterprise for at least 12 consecutive months beforehand. A commercial presence means a foreign-invested company, a representative office or branch of a foreign trader, or a BCC executive office (Point b).
People confirmed by the Ministry of Education and Training to teach, research or transfer international programmes or to manage the education institutions above (Clause 14); and people confirmed by a ministry or provincial People’s Committee to work in finance, science, technology, innovation, national digital transformation or priority sectors (Clause 15).

Exemption certificates (Articles 8–17)

Cases that only need a notice (Clause 4, Article 9)

The following cases need no exemption certificate, but the employer must notify the authority where the worker will work at least 3 working days before the start date:

Clauses 4, 5, 6 and 8 of Article 154 of the Labour Code (short service offering or technical trips of under 3 months, foreign lawyers, spouses of Vietnamese citizens);
Clauses 2, 3, 5, 8 and 10 and Point a of Clause 13 of Article 7 (capital of VND 3 billion or more, journalists, family members of mission staff, people setting up a commercial presence, stays under 90 days a year).

The notice gives the worker’s name, date of birth, nationality and passport number, the employer’s name, and the place and duration of work.

The exemption certificate file (Article 8)

Application on Form 01;
Health certificate from a qualified facility, unless the results are already on the health information system or database. A foreign health certificate is accepted only where there is a mutual recognition treaty or agreement and it is no more than 12 months old;
Two 4 cm x 6 cm colour photos with a white background, and a valid passport;
Proof of the exemption (Clause 5): a letter from the competent authority (Clause 3, Article 154 of the Labour Code; Clauses 9, 14 and 15 of Article 7); a dispatch letter with the agreement or treaty (Clause 7, Article 154; Clauses 4, 6, 7, 11 and 12 of Article 7); or, for intra-company transfers, proof of position under Article 19 plus the dispatch letter and confirmation of 12 months’ prior employment.

The exemption certificate file does not list a criminal record certificate.

Timing, term, re-issue and extension (Articles 9–17)

File no earlier than 60 days and no later than 10 days before the start date (Clause 1, Article 9). The authority issues the certificate (Form 02) within 5 working days, or gives written reasons for refusal within 3 working days (Clause 3, Article 9).
To work for the same employer in another province, notify the authority there at least 3 days before (Clause 5, Article 9).
Term: follows one of the bases in Article 21, up to 2 years (Article 10). For Clauses 14 and 15 of Article 7, it is the term confirmed by the ministry or province, up to 2 years (Clause 2, Article 21).
Re-issue: if a valid certificate is lost or damaged, or the name, nationality, passport number, place of work or the employer’s name (with the same identification number) changes (Article 11); processed in 3 working days (Clause 3, Article 13), for the remaining term (Article 14).
Extension: file between 45 and at least 10 days before expiry (Clause 1, Article 16); processed in 5 working days (Clause 3, Article 16). One extension only, for up to 2 years (Article 17).

Obtaining a work permit (Articles 18–22)

The file (Article 18)

The employer’s report explaining the need for foreign workers and applying for the permit on Form 03;
Health certificate (same rules as above);
Valid passport;
Criminal record certificate, or a document confirming the worker is not serving a sentence, has no unspent conviction and is not being prosecuted, issued in Vietnam or abroad no more than 6 months before filing, unless it is obtained through the combined online procedure in Clause 3, Article 6;
Two 4 cm x 6 cm colour photos;
Proof of the form of work (Clause 6), for example: a dispatch letter confirming at least 12 consecutive months’ prior employment (intra-company transfer); the service contract and proof of at least 24 months’ work for a foreign enterprise with no commercial presence in Vietnam (contractual service supplier); proof of manager status (capital contribution below VND 3 billion);
Proof of the job position under Article 19.

The need-for-foreign-workers explanation required by Clause 2, Article 152 of the Labour Code is made within this file.

Reduced files (Article 20)

Situation	File
Valid permit, moving to another employer in the same position and field (Clause 1)	Current employer’s confirmation of employment; items 1, 3, 5 and 6 of Article 18; copy of the permit; proof of status for managers and executive directors
Valid permit, changing position or form of work with the same employer (Clause 2)	Items 1, 3 and 5 of Article 18; proof of the new position (Article 19) or new form of work (Clause 6, Article 18); copy of the permit
Permit already extended, continuing with the same employer, position and field (Clause 3)	Items 1, 2, 3, 5 and 6 of Article 18; copy of the permit; proof of status for managers and executive directors

In all three cases the employer applies for a new work permit, not a re-issue or extension.

Term and procedure (Articles 21 and 22)

The permit follows the term of the underlying basis (the intended labour contract, the dispatch letter, the contract or agreement with the partner, the operating licence and so on) but may not exceed 2 years (Clause 1, Article 21).
File no earlier than 60 days and no later than 10 days before the start date (Clause 1, Article 22).
Within 10 working days of a complete file, the authority approves the need for foreign workers and issues the permit (Form 04) in a single procedure. A refusal must be given in writing with reasons within 3 working days (Clause 3, Article 22).
For workers on a labour contract (Points a and m, Clause 1, Article 2), the parties must sign a written labour contract before the start date, once the permit is issued, and send a copy to the authority on request (Clause 4, Article 22).
To work for the same employer in another province, notify the authority there at least 3 days before (Clause 5, Article 22).

Re-issuing a work permit (Articles 23–26)

When (Article 23): a valid permit is lost or damaged, or the worker’s name, nationality, passport number or the employer’s name (with the same identification number) changes. Unlike the exemption certificate, a change of place of work is not a re-issue ground for a work permit.
File and timing (Articles 24–26): Form 03, two photos, proof of the change and the valid permit (unless lost). Processed in 3 working days (Clause 3, Article 25); the new permit runs for the remaining term (Article 26).

Extending a work permit: once only (Articles 27–29)

File (Article 27): Form 03, health certificate, two photos, the valid permit, passport and proof of the form of work (not needed for labour contract workers). Article 27 does not list a criminal record certificate.
When to file: between 45 and at least 10 days before the permit expires (Clause 1, Article 28). Processing: 10 working days (Clause 3, Article 28). Labour contract workers must sign a written contract before continuing work (Clause 4, Article 28).
Limit: one extension only, for up to 2 years (Article 29; Article 155 of the Labour Code). After that, continued work needs a new permit under the reduced file in Clause 3, Article 20.

Key deadlines

Step	Deadline	Source
File for a work permit or exemption certificate	No earlier than 60 days and no later than 10 days before the start date	Clause 1, Art. 22; Clause 1, Art. 9
Work permit decision (with approval of need)	10 working days; refusal within 3 working days	Clause 3, Art. 22
Exemption certificate decision	5 working days; refusal within 3 working days	Clause 3, Art. 9
Notice for exempt cases without a certificate	At least 3 working days before the start date	Clause 4, Art. 9
Notice of work in another province	At least 3 days before	Clause 5, Art. 9; Clause 5, Art. 22
Sign the labour contract	Before the start date	Clause 4, Art. 22
Re-issue (permit or certificate)	3 working days	Clause 3, Art. 25; Clause 3, Art. 13
File for extension (permit or certificate)	Between 45 and at least 10 days before expiry	Clause 1, Art. 28; Clause 1, Art. 16
Extension decision (permit / certificate)	10 / 5 working days	Clause 3, Art. 28; Clause 3, Art. 16
Criminal record certificate	Issued no more than 6 months before filing	Clause 4, Art. 18
Return a permit or certificate that has lapsed	Within 15 days of lapsing	Clause 1, Art. 31; Clause 1, Art. 33

Revocation (Articles 30–33)

A work permit is revoked when (Article 30) it lapses under Clauses 2 to 7 of Article 156 of the Labour Code (the labour contract ends; the contract or actual work does not match the permit; the underlying contract expires or ends; the foreign side ends the assignment; the employer ceases operating); when the employer or worker breaches the rules on issue, re-issue or extension; or when the worker is criminally prosecuted.
An exemption certificate is revoked when (Article 32) the worker’s job does not match the certificate; the foreign employer gives notice that the assignment ends; the employer ceases operating; the rules on issue, re-issue or extension are breached; or the worker is criminally prosecuted.
Procedure: where the document has lapsed, the employer collects it and returns it to the issuing authority within 15 days with a written report, giving reasons if it cannot be recovered. Where there is a breach or prosecution, the issuing authority decides the revocation and notifies the employer and the Immigration Department of the Ministry of Public Security (Articles 31 and 33).

Transition and entry into force (Articles 34 and 35)

Permits and exemption certificates issued, re-issued or extended under Decree 152/2020/ND-CP as amended by Decree 70/2023/ND-CP remain valid until they expire, and are then issued, re-issued or extended under Decree 219 (Clause 1, Article 34).
Files lodged before 7 August 2025 are processed under Decree 152/2020 as amended by Decree 70/2023 (Clause 2, Article 34).
Permits and certificates issued under the old forms of work “manager, executive director, expert, technical worker” or “working for a foreign NGO or international organisation” remain valid until expiry, and on re-issue or extension move to the form in Point h, Clause 1, Article 2 (Clause 3, Article 34).
Old permits and certificates that must be revoked are revoked by the authority where the employer has its head office (Clause 4, Article 34). Documents and pending files under Decree 128/2025/ND-CP follow the same approach (Clause 5, Article 34).
The Decree took effect on 7 August 2025, when the foreign-worker provisions of Decree 152/2020 (as amended by Decree 70/2023) and Article 8 and Section 2 of Appendix II of Decree 128/2025 ceased to apply (Article 35). Provincial People’s Committees report to the Ministry of Home Affairs by 15 December each year (Point c, Clause 8, Article 36).
The employer’s half-yearly and annual foreign worker report on Form 07/PLI (Article 6 of Decree 152/2020) no longer applies from 7 August 2025, and Decree 219 sets no replacement periodic report for employers. Foreign employees on a local employment contract are still listed in the labour usage report on Form 01/PLI of Decree 145/2020.

Draft replacement: the Ministry of Home Affairs is preparing a decree to replace Decree 219/2025/ND-CP (answer published on the Government news portal on 10 October 2026; an answer of 23 August 2026 described a draft amending decree). The draft would allow a work permit to be re-issued when the work location changes, instead of requiring a new permit. As at 18 October 2026, LexData had not seen any decree replacing or amending Decree 219 issued. The list check of 28 September 2026 covered:

the decrees published in the Official Gazette up to Decree 360/2026/ND-CP;

the Government portal’s list of documents up to Decree 363/2026/ND-CP of 19 September 2026.

The draft has no legal effect, and the rules summarised above remain the current law. Please check for later changes before filing.

For help with a work permit file or with choosing the right form of work, see work permits in Vietnam and Vietnam employment law advice.

Decree No. 219/2025/ND-CP on foreign workers in Vietnam (English summary)