I. Legal basis

• Decree 219/2025/ND-CP
• Decree 70/2023/ND-CP
• Decree 152/2020/ND-CP

II. Some new provisions for foreign employees working in Vietnam

1. Authority to issue work permits for foreigners

Pursuant to Clause 1, Article 4 of Decree 219/2025/ND-CP, the authority to issue, reissue, extend, and revoke work permits and certificates of exemption from work permit issuance is delegated to the Provincial People’s Committee, specifically:

“The Provincial People’s Committee has the authority to issue, reissue, extend, and revoke work permits and certificates of exemption from work permit issuance for foreign employees working for employers with headquarters, branches, representative offices, or business locations in the locality where the foreign employee is scheduled to work.”

In addition:

“The Provincial People’s Committee shall decide on the delegation to competent agencies to carry out the issuance, reissuance, extension, and revocation…”

Thus, the Provincial People’s Committee acts both as the licensing authority and may delegate its authority to specialized subordinate agencies if deemed necessary. Previously, the licensing authority belonged to the Department of Labor, War Invalids and Social Affairs at the local level.

2. Issuance of the judicial record certificate is carried out online simultaneously with the work permit

Pursuant to Clause 3, Article 6 of Decree 219/2025/ND-CP, the procedure has been supplemented to allow the simultaneous processing of work permit issuance and judicial record certificate issuance through the National Public Service Portal.

Accordingly, employers may submit the following two types of applications online simultaneously:

• Application for the issuance of a work permit;
• Application for the issuance of a judicial record certificate (on behalf of the foreign employee through authorization).

The integrated procedure is operated between the National Public Service Portal, the work permit issuing authority (under the Provincial People’s Committee), and the police authority responsible for issuing judicial record certificates. As a result, the electronic versions of the work permit and judicial record certificate will be issued simultaneously.

3. Work permits may only be extended once, for a maximum of two years

Pursuant to Article 29 of Decree 219/2025/ND-CP, a work permit (WP) may be extended only once, for a maximum period of two years. Previously, there was no limit on the number of extensions. 

4. Cases in which foreigners are not required to obtain a work permit in Vietnam

Article 7 of Decree 219/2025/ND-CP specifies in detail 15 cases in which a work permit is not required, including:

• Belonging to one of the cases prescribed in Clauses 3, 4, 5, 6, 7, and 8 of Article 154 of the Labor Code.
• Owners or capital-contributing members holding a capital contribution of VND 3 billion or more in a limited liability company.
• Chairman of the Board of Directors or members of the Board of Directors holding a capital contribution of VND 3 billion or more in a joint-stock company.
• Entering Vietnam to provide specialized or technical consulting services or to perform tasks related to ODA programs/projects under international treaties.
• Foreign journalists engaged in press activities, as certified by the Ministry of Foreign Affairs.
• Those assigned to teach, manage, or administer at educational institutions established at the request of a foreign diplomatic mission or an intergovernmental organization, or pursuant to an international treaty.
• Foreign pupils, students, or trainees undertaking internships or practical training in Vietnam; trainees undertaking internships on Vietnamese ships..
• Relatives of members of foreign representative offices permitted to work in Vietnam under an international treaty.
• Holders of official passports working for state agencies, political organizations, or socio-political organizations.
• Persons responsible for establishing a commercial presence.
• Volunteers performing voluntary, unpaid work in accordance with international treaties and certified by a foreign diplomatic mission or an international organization in Vietnam.
• Entering Vietnam to implement an international agreement concluded by a central or provincial agency or organization.
• Managers, executive directors, experts, and technical workers:
• Working in Vietnam for less than 90 days per year;
• Internal transfer within a foreign enterprise in one of the 11 service sectors committed under WTO, having been employed for at least 12 consecutive months;
• Certified by the Ministry of Education and Training to enter Vietnam for:
  • Teaching, research, or transferring international education programs;
  • Managing or operating an educational institution established upon proposal by a foreign diplomatic mission or an intergovernmental organization;
  • Certified by a ministry, ministerial-level agency, or provincial People’s Committee to work in the fields of finance, science, technology, innovation, national digital transformation, or priority sectors for socio-economic development.

5. New regulations on the revocation of work permits and certificates of exemption from work permits

Articles 30 and 32 of Decree No. 219/2025/ND-CP stipulate the cases in which a work permit or a certificate of exemption from a work permit may be revoked, including:

• The document has expired;
• The foreign worker or the employer violates the obligations to issue, renew, or use the work permit for purposes other than those specified;
• Foreign workers who are prosecuted or held criminally liable;
• The enterprise ceases its operations;
• There is a written notice from the labor-sending party notifying the cessation of work.

III. Conclusion

It can be seen that Decree No. 219/2025/ND-CP was promulgated on the basis of inheriting, amending, and supplementing the provisions of Decree No. 152/2020/ND-CP and Decree No. 70/2023/ND-CP, thereby establishing a new, comprehensive, rigorous, and more modern legal framework for the management of foreign workers in Vietnam. The new regulations not only clarify the authority for granting work permits by decentralizing it to the Provincial People’s Committees, but also promote administrative reform through the integration and digitalization of the procedures for issuing work permits and judicial record certificates.

In addition, limiting the number of times a work permit may be renewed, specifying and expanding the cases exempted from requiring a work permit, as well as supplementing the grounds for revoking work permits and certificates of exemption, have contributed to enhancing the effectiveness of state management, ensuring the use of foreign labor for proper purposes and appropriate subjects, in line with the socio-economic development needs at each stage.

In the context of Vietnam’s continued deep integration into the international economy, these new regulations clearly reflect the policy direction of balancing the attraction of high-quality foreign human resources with the need to protect the domestic labor market, ensure security and order, and comply with the law. Accordingly, employers and foreign employees are required to proactively study, update, and fully comply with the new regulations to mitigate legal risks, while ensuring their lawful rights and interests during their employment in Vietnam.

IV. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

Website: http://hankuklawfirm.com/en/  FB: https://www.facebook.com/hankuk.lawfirm  Tiktok: https://www.tiktok.com/@hankuklawfirm Youtube: https://www.youtube.com/@hankuklawfirm6375 Email:  info@hankuklawfirm.com   SĐT: 0942.339.063