From August 7, 2025, the Government issued Decree No. 219/2025/NĐ-CP, which takes effect immediately on the same date. This Decree regulates foreign employees working in Vietnam. It is based on the Law on the Organization of the Government No. 63/2025/QH15, the Labor Code No. 45/2019/QH14, and at the request of the Minister of Home Affairs. The provisions on foreign employees working in Vietnam previously stipulated in Decree No. 152/2020/NĐ-CP dated December 30, 2020 (regulating Vietnamese employees working for foreign organizations and individuals in Vietnam), as amended and supplemented by Decree No. 70/2023/NĐ-CP dated September 18, 2023, are no longer in effect from August 7, 2025. In addition, Article 8 and Section 2 of Appendix II issued together with Decree No. 128/2025/NĐ-CP dated June 11, 2025, of the Government on decentralization and delegation of authority in state management in the field of internal affairs will also cease to be effective from August 7, 2025. Therefore, your company should study and comply with the provisions and guidance set out in Decree No. 219/2025/NĐ-CP.

According to the Government’s Decree No. 219/2025/NĐ-CP, issued and effective from August 7, 2025, a manager is defined as: - A person managing an enterprise as stipulated in Clause 24, Article 4 of the Law on Enterprises (an enterprise manager is the manager of a private enterprise or the manager of a company, including the owner of a private enterprise, general partners, Chairperson of the Members’ Council, members of the Members’ Council, Company President, Chairperson of the Board of Directors, members of the Board of Directors, Director or General Director, and other individuals holding managerial titles as prescribed in the company’s charter); or - The head or deputy head of an agency or organization as prescribed by law.

The granting of foreign work permit is applicable to foreigners working in Vietnam, are set clear in Article 2, Decree No.152/2020/ND-CP, including those: • Execute the labor contracts • Perform intra – company transfer program • Execute contracts or agreements on business, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health • Provide services under contracts • Offer services • Work for foreign non – governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the Vietnam law • Work as volunteers • Take charge of establishing the commercial presence • Work as managers, chief executive officers, experts, technicians • Participate in the execution of bid contracts and projects in Vietnam. • A relative of members of foreign representative missions in Vietnam are permitted to work in Vietnam in accordance with provisions in international treaties to which the Socialist Republic of Vietnam is a member.

According to the Government’s Decree No. 219/2025/NĐ-CP, issued and effective from August 7, 2025, an expert is a foreign employee who falls under one of the following categories: a) Holds a university degree or higher (or an equivalent qualification) and has at least 2 years of experience relevant to the position the foreign employee is expected to work in Vietnam; b) Holds a university degree or higher in the trained discipline and has at least 1 year of relevant experience for experts working in the fields of finance, science, technology, innovation, national digital transformation, or other socio-economic priority sectors as identified by ministries, ministerial-level agencies, provincial People’s Committees, or under cooperation agreements of the Government of Vietnam.

According to the Government’s Decree No. 219/2025/NĐ-CP, issued and effective from August 7, 2025, the provincial People’s Committee has the authority to issue, reissue, extend, and revoke work permits and certifications of exemption from work permits for foreign employees working for employers whose headquarters, branches, representative offices, or business locations are located in the province/city where the foreign employee is expected to work. If a foreign employee works for one employer in multiple provinces or centrally run cities, the provincial People’s Committee of the locality where the employer’s head office is located has the authority to issue, reissue, extend, and revoke work permits and certifications of exemption from work permits. The provincial People’s Committee may decide to delegate this authority to competent agencies to carry out the issuance, reissuance, extension, and revocation of work permits and certifications of exemption from work permits in accordance with the law.

According to the Government’s Decree No. 219/2025/NĐ-CP, issued and effective from August 7, 2025, the following 15 cases are eligible to apply for a Certification of Exemption from a Work Permit in Vietnam: In addition to the cases specified in Clauses 3, 4, 5, 6, 7, and 8, Article 154 of the Labor Code: 3. Head of a representative office, project, or person primarily responsible for the operations of an international organization or a foreign non-governmental organization in Vietnam. 4. Entering Vietnam for less than 03 months to offer services. 5. Entering Vietnam for less than 03 months to handle complex technical or technological incidents or situations that affect or may affect production or business operations, which cannot be resolved by Vietnamese experts or foreign experts currently in Vietnam. 6. Foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers. 7. Cases in accordance with international treaties to which the Socialist Republic of Vietnam is a member. 8. Foreign nationals married to Vietnamese citizens and living in the territory of Vietnam. Foreign employees not subject to a work permit include: 1. Owner or capital-contributing member of a limited liability company with a capital contribution value of VND 3 billion or more. 2. Chairperson or member of the Board of Directors of a joint-stock company with a capital contribution value of VND 3 billion or more. 3. Intra-corporate transferees within the scope of 11 service sectors in Vietnam’s Schedule of Specific Commitments in Services to the World Trade Organization (WTO), including: business, information, construction, distribution, education, environment, finance, health, tourism, culture & entertainment, and transport. 4. Entering Vietnam to provide professional and technical consulting services or perform other tasks in service of research, formulation, appraisal, monitoring, evaluation, management, and implementation of programs and projects using official development assistance (ODA) under regulations or agreements in ODA treaties signed between competent authorities of Vietnam and foreign partners. 5. Foreign correspondents operating in journalism, certified by the Ministry of Foreign Affairs. 6. Assigned by a competent foreign agency or organization to teach or serve as a manager or executive director at an educational institution established at the request of a foreign diplomatic mission or intergovernmental organization in Vietnam; or at institutions/organizations established under international treaties to which Vietnam is a party. 7. Students or trainees studying at schools or training institutions abroad that have internship agreements in agencies, organizations, or enterprises in Vietnam; interns or apprentices on Vietnamese ships. 8. Relatives of members of foreign diplomatic missions in Vietnam (Relatives of members of foreign diplomatic missions in Vietnam are permitted to work in Vietnam in accordance with international treaties to which the Socialist Republic of Vietnam is a member). 9. Holders of official passports working for state agencies, political organizations, or socio-political organizations. 10. Persons responsible for establishing a commercial presence. 11. Volunteers (foreign employees working in Vietnam on a voluntary and unpaid basis to implement international treaties to which the Socialist Republic of Vietnam is a member, certified by foreign diplomatic missions or international organizations in Vietnam). 12. Entering Vietnam to implement international agreements signed by central or provincial agencies/organizations in accordance with the law. 13. Foreign employees who are managers, executive directors, experts, or technical workers in one of the following cases:  a) Working in Vietnam for a total period of less than 90 days and no more than 03 times in a year, counted from January 1 to the last day of the year;  b) Intra-corporate transferees: Temporarily transferred within a foreign enterprise that has established a commercial presence in Vietnam, within the scope of 11 service sectors under Vietnam’s WTO commitments, and who have been employed by the foreign enterprise for at least 12 consecutive months prior to the transfer. “Commercial presence” includes foreign-invested economic organizations, representative offices, branches of foreign traders in Vietnam, and executive offices of foreign investors under business cooperation contracts. 14. Certified by the Ministry of Education and Training to enter Vietnam for:  a) Teaching or research;  b) Serving as a manager, executive director, principal, or vice-principal of an educational institution established at the request of a foreign diplomatic mission or an intergovernmental organization in Vietnam. 15. Certified by ministries, ministerial-level agencies, or provincial People’s Committees to work in Vietnam in the fields of finance, science, technology, innovation, national digital transformation, or other socio-economic priority sectors.

Foreign employees working in Vietnam are foreign nationals who work in positions in Vietnam under one of the following forms: a) Working under a labor contract; b) Intra-corporate transferees; c) Performing various types of economic or social contracts or agreements; d) Service providers under a contract; đ) Offering services; e) Volunteers; g) Persons responsible for establishing a commercial presence; h) Being transferred from an agency, organization, or enterprise abroad to work in Vietnam, except for intra-corporate transferees; i) Participating in the implementation of tenders or projects in Vietnam; k) Relatives of members of foreign diplomatic missions in Vietnam who are permitted to work in Vietnam under international treaties to which the Socialist Republic of Vietnam is a member; l) Chairpersons or members of the Board of Directors of joint-stock companies, owners or members of limited liability companies with a capital contribution value of less than VND 3 billion; m) Working under a labor contract with foreign diplomatic missions or foreign organizations in Vietnam.

According to the Government’s Decree No. 219/2025/NĐ-CP, issued and effective from August 7, 2025, an executive director is a person who falls under one of the following categories: a) The head of a branch, representative office, or business location of an enterprise; b) The head directly managing at least one area/department of an agency, organization, or enterprise, and having at least 3 years of experience in a field relevant to the position the foreign employee is expected to work in Vietnam.

Because the foreigners working in Vietnam without work permit will be deported and enterprises which have workers without permits will also be heavily fined, according to Article 31 the Decree No.28/2020/ND-CP • The foreign worker without Vietnam work permit or without Vietnam work permit exemption certificate will be fined from 15.000.000 to 25.000.000 or deported in accordance with the Vietnam law in 2012 • Enterprises which have workers without Vietnam work permit or without work permit exemption certificate or expiration work permit will be fined up to 75.000.000 depending on the number of employees

According to the Government’s Decree No. 219/2025/NĐ-CP, issued and effective from August 7, 2025, a technical worker is a foreign employee who falls under one of the following categories: a) Has been trained for at least 1 year and has at least 2 years of experience relevant to the position the foreign employee is expected to work in Vietnam; b) Has at least 3 years of experience in a job relevant to the position the foreign employee is expected to work in Vietnam. Therefore, if your company’s foreign employee meets these criteria, your company is eligible to recruit them.

According to the Government’s Decree No. 219/2025/NĐ-CP, issued and effective from August 7, 2025, the requirements for consular legalization and authentication of documents are as follows: 1. Documents in the application for issuance, reissuance, or extension of a work permit, or for a certification of exemption from a work permit for a foreign employee, if issued abroad, must be consular legalized unless exempted under an international treaty to which both the Socialist Republic of Vietnam and the relevant foreign country are parties, under the principle of reciprocity, or as otherwise provided by law. 2. Documents that have been consular legalized must be translated into Vietnamese and authenticated in accordance with the law. If the documents are copies, they must be authenticated against the originals before being translated into Vietnamese and authenticated in accordance with the law.