Employing Foreign Workers in Vietnam: 7 Issues under Decree 219/2025/ND-CP

Decree 219/2025/ND-CP has governed employing foreign workers in Vietnam since August 7, 2025. Today, it remains relevant to everyday staffing decisions: extending an assignment, changing an employee’s role, moving work to another location or arranging an exit.

Obtaining a work permit is one stage of the employment relationship. As the employee’s work develops, the company needs to know whether its existing documents remain suitable or a further procedure is required. This updated review brings together the established requirements and later developments in document authentication and penalties that employers should consider.

Why Vietnam Introduced Decree 219 in 2025

Decree 219 was introduced to make procedures more flexible for employers recruiting skilled foreign personnel, including for work in new industries. It replaced the foreign-worker provisions of Decree 152/2020/ND-CP, as amended by Decree 70/2023/ND-CP. It combined the explanation of the need for foreign workers with the work-permit application, revised qualification and exemption rules, and provided for electronic applications.

For employers, the continuing task is to apply those rules to each assignment. The documents should support the employee’s qualifications, actual role and working arrangement. Reviewing them before a new hire, extension or reassignment helps the company plan the necessary steps and timing.

Quick Reference

Decree 219 has applied since August 7, 2025 and sets the conditions and procedures for foreign workers in Vietnam. The employer should check the actual work, employing entity, qualifications and locations before deciding whether to apply for a permit or use an exemption. A visa or residence card does not settle the work-permit question.

The need for foreign staff and the permit request are considered together. The ordinary permit procedure has a 10-working-day processing period after receipt of a complete application, but document preparation takes additional time. Some exemptions require confirmation; others require advance notification. Employers also need to review changes during the assignment, plan extensions before expiry and complete the required procedures when employment ends. Penalties are governed separately, including under Decree 283/2026/ND-CP.

7 Issues When Employing Foreign Workers in Vietnam

Decide the Employment Arrangement Before Preparing the Application

A local hire, an employee transferred from an overseas group company and a specialist sent to perform a service contract can fall under different working arrangements. The employer should identify the arrangement that reflects the assignment. Using the same appointment letter for every foreign employee can leave important facts unexplained.

It is important to confirm which entity will employ the person, what they will do and where they will work. A permit held for one group company does not automatically authorize work for another. An overseas payroll arrangement also does not, by itself, remove Vietnam’s work-authorization requirements.

These decisions belong within the wider employment law in Vietnam review. The contract, assignment letter and application should describe the same arrangement. Where different entities have responsibilities, decide who prepares the application and who keeps the supporting records before making commitments to the candidate.

The Combined Procedure Helps Planning but Still Requires Preparation

Since Decree 219 took effect in August 2025, the explanation of the need for foreign workers and the work-permit application have been handled together. The earlier framework treated them separately. Employers can present the proposed role and the employee’s qualifications in one application, reducing duplication between the two procedures.

For the ordinary permit procedure, the authority considers the need and issues the permit within 10 working days after receiving a complete application. This period does not include obtaining overseas documents, arranging an apostille or legalization where required, completing translations, or correcting an incomplete file. An application still awaiting a decision does not authorize the employee to start work.

Relevant applications also require evidence that the employer first advertised the position to Vietnamese candidates. This includes specified labor-contract arrangements, project work and labor-contract hiring by foreign diplomatic missions or foreign organizations. Keep the advertisement and recruitment result with the application. Check the working arrangement before deciding which recruitment steps apply.

Before confirming a start date, ask whether the documents and any required recruitment steps can be completed in time. Allow for questions about the application rather than scheduling essential work around the earliest possible decision.

An Exemption Needs a Legal Basis and the Correct Procedure

Decree 219 recognizes several exemptions, including qualifying investors, certain internal transfers and specified assignments supported by competent authorities or treaty arrangements. The conditions differ. A foreign passport, senior title or short visit alone is not enough to establish an exemption.

One useful category covers managers, executives, experts and technical workers whose total work in Vietnam is fewer than 90 days in a calendar year. Exactly 90 days does not qualify under this category. Repeated assignments need to be counted together within the year, rather than treating each visit as a fresh allowance.

For this short-term category, the employer follows an advance notification procedure instead of applying for an exemption confirmation. The notice is due at least three working days before the expected start. Other exemption categories may require a confirmation and supporting documents. Keep the basis for the exemption and evidence of the relevant procedure.

Where an assignment may continue longer than first planned, review the position before extending it. The company should have another lawful arrangement ready if the short-term exemption will no longer fit. Do not assume a pending permit application allows the employee to continue after the exemption conditions cease to be met.

Qualifications Must Support the Actual Job

The decree sets criteria for managers, executives, experts and technical workers. Its 2025 changes made some qualification requirements more flexible, but employers still need documents supporting the correct category. A position called “manager” internally may not meet the legal definition.

It is important to review the candidate’s qualifications and relevant experience before settling the job description. The evidence should explain why the person qualifies for the proposed work. A general reference letter that does not describe the relevant experience can leave the application difficult to assess.

Since September 11, 2026, an apostille replaces consular legalization for eligible foreign public documents where the Apostille Convention applies between Vietnam and the issuing country. Check the Ministry of Foreign Affairs’ current country list. Other documents may still need legalization unless an exemption applies. Private documents, such as an experience letter, may first need notarization or official certification under the issuing country’s rules.

Vietnamese translation and the required certification remain separate steps. An apostille confirms a document’s origin; it does not prove the employee’s qualifications or guarantee acceptance for the application. Foreign public documents properly legalized by the Vietnamese authorities before September 11, 2026 do not need a new apostille, but document validity and application requirements still need checking. For Vietnamese records needed overseas, the separate guide to Apostille for Vietnamese documents explains the relevant checks.

Permit files may include passports, health documents and criminal-record information. Limit access to the people who need it and review any sharing with overseas offices or service providers as part of Vietnam data compliance. Applying for a permit does not remove the separate responsibilities for protecting employee information.

Review Changes Before Moving or Reassigning the Employee

A permit should continue to reflect the employee’s actual work. A move to another employer, a change in job position or a different working arrangement can require a new application. Some changes, such as passport details or an employer name change without a change in its identifying number, can instead fall within the reissuance procedure.

Decree 219 also provides for an employee to work for the same employer across several provinces, with the required notice to the authority at the additional location. This does not give unrestricted permission to move the employee to any site. A changed workplace and an assignment properly covered by the multi-province provisions need to be assessed separately.

Official guidance published in 2026 states that a workplace change requires a permit application and discusses a proposal to simplify that procedure. A proposal should not be treated as a rule already in force. Check the current position before approving a relocation, promotion or new project assignment.

Work authorization should also be checked alongside immigration and residence arrangements. The rules on management of foreigners under Decree 286 address the wider coordination between authorities. A change affecting employment documents may need a separate immigration review.

Coordinate Extensions and Contracts Before Permission Expires

Work permits can be issued for up to two years, subject to the supporting assignment and other applicable limits. The maximum period is not guaranteed for every application. An extension is available once, for up to a further two years, where the conditions are met.

The permit-extension application must be submitted between 45 and 10 days before expiry. Preparation should begin earlier so the employer can obtain current documents and check whether the employee’s job or working arrangement has changed. A case requiring a new permit should not be left until the extension deadline.

For the relevant labor-contract arrangements, the employer and employee sign the written contract after the permit is granted and before the expected start. The decree also requires a written contract following a permit extension before work continues under that extension. The employment term needs to respect the permitted working period.

Keep the permit, contract and immigration expiry dates together, while recognizing that they serve different purposes. Give one person responsibility for checking upcoming dates and informing the business team. This helps avoid an employee being scheduled to work after the relevant permission ends.

Correct Authorization Problems and Handle Exits Carefully

Foreign-worker violations can lead to fines and other consequences under Decree 283 on labor and social insurance penalties. For an organization employing workers without required valid permits or exemption confirmations, fines can reach VND 150 million in the highest headcount band. Different violations have different penalties, and foreign workers can also face expulsion in the specified cases.

Paying a fine does not authorize the employee to continue working. If a problem is found, establish the employee’s current position and what must be corrected before assigning further work. Preserve the application records and official correspondence. Altering documents to make them appear consistent can create a separate and more serious problem.

When an assignment or employment relationship ends, check whether the permit or exemption confirmation must be returned and whether related notifications are required. Coordinate these steps with the employee’s immigration arrangements. Keeping the papers until their printed expiry date may not be appropriate after the underlying work ends.

The employment decision needs its own review. A permit issue does not provide a general right to dismiss an employee without considering the contract and Labor Code. Advice before a proposed exit can help establish the correct ground and procedure.

Employees may challenge the reason for termination or the final payments; employers may need to defend the decision or assess a claim against the employee. In employment termination disputes, both sides need the contracts, messages, payment records and handover evidence to assess their position and consider a settlement.

Frequently Asked Questions

Q1: Does a visa or temporary residence card allow the employee to work?

Not by itself. Immigration permission and work authorization serve different purposes. Check whether the actual assignment requires a work permit, an exemption confirmation or advance notification, as well as the appropriate immigration documents.

Q2: Can foreign NGOs and international organizations use an automatic exemption?

No blanket exemption should be assumed from the organization’s name or status. Check the individual’s assignment and any applicable treaty arrangements. Decree 219 includes labor-contract work for foreign diplomatic missions and foreign organizations. Where the relevant permit application requires Vietnamese-candidate advertising, that recruitment step must also be completed.

Q3: Do permits issued under the earlier rules remain valid?

Yes. The transitional provisions allow earlier permits and exemption confirmations to continue until expiry, subject to any event affecting validity. Later reissuance or extension follows the applicable Decree 219 procedure. Certain earlier working arrangements have specific transitional treatment, so check the existing document before preparing the next application.

Q4: Can the employee continue working while an extension is pending?

A pending application does not extend the current permit. The employee can work only while the existing authorization remains valid and covers the assignment, or another lawful basis applies. Plan the application early enough to avoid a gap and confirm the position before the existing permission expires.

Conclusion

Start with the foreign employees who are about to join, change assignments or approach permit expiry. For each person, confirm the employer, actual job, work locations and authorization. Then agree who will complete the necessary documents and notifications, and by when. Review any mismatch before the business acts on a new start date or staffing decision. This gives the employer a clearer basis for keeping work on schedule and responding if questions arise.

About the Author

Hanh Pham is a Legal Research Specialist at ANT Lawyers with more than 10 years of experience, supporting legal teams through regulatory research, authority liaison, documentation review, and knowledge development. She has been trained in corporate, civil law and related areas. This article has been reviewed by Tuan Nguyen, Managing Partner, ANT Lawyers; member of the Hanoi Bar Association and Vietnam Bar Association.

About ANT Lawyers, a Law Firm in Vietnam

Founded in 2012, ANT Lawyers is a Vietnam law firm with offices in Hanoi, Ho Chi Minh City and Da Nang. Our employment lawyers advise on hiring, work permits, internal labour regulations and termination disputes in Vietnam. We combine legal analysis with practical understanding of Vietnam’s regulatory environment and local administrative practice.

General Disclaimer

This article is for general informational purposes only, does not constitute legal advice, and does not create a lawyer-client relationship. Vietnamese laws, regulations and administrative practice change over time, and the correct position for any matter depends on its specific facts and the rules in force when action is taken. Verify the current position before relying on anything stated here, and consult qualified counsel on your specific situation.