On August 07, 2025, the Government promulgated Decree No. 219/2025/ND-CP (“Decree 219”), marking a significant milestone in the regulatory framework governing foreign workers in Vietnam. This Decree officially replaces Decree No. 152/2020/ND-CP and Decree No. 70/2023/ND-CP in their entirety, introducing reforms aimed at simplifying administrative procedures, expanding the scope of application, enhancing flexibility, while ensuring effective state management of foreign labor. This article outlines the key changes that enterprises should take note of. 

1. Integration of Procedures and Abolition of Job Posting Requirement 

One of the most notable reforms under Decree 219 is the integration of the requirement to report and explain the demand for foreign workers directly into the application dossier for a work permit. Previously, enterprises had to obtain prior approval of their demand for foreign employees as a separate and time-consuming procedure; under the new regulation, this process has been consolidated, thereby significantly reducing administrative burdens. 

In particular, the requirement to post recruitment advertisements for Vietnamese employees at least 15 days prior to submission of the work permit application has been abolished in most cases. Job posting is now required only in three circumstances: 

1. performance of an employment contract; 
2. participation in bidding packages or projects in Vietnam; and 
3. performance of employment contracts with foreign diplomatic missions or foreign organizations in Vietnam. 

Enterprises are also granted discretion to select suitable recruitment channels, rather than being restricted to posting on the official job service portal. Moreover, the minimum job posting period has been reduced to 5 days prior to submission, instead of the previous 15 days. 

This constitutes a fundamental reform, expediting the recruitment process while affirming the State’s trust in the autonomy and accountability of enterprises. 

2. Relaxing Conditions for the Title of “Expert” 

Another significant change concerns the relaxation of conditions applicable to foreign workers categorized as “experts.” 

In general cases, foreign experts are now required to hold a university degree or higher and possess at least two years of relevant work experience (reduced from three years previously). 

Specifically, for sectors such as finance, science, technology, innovation, national digital transformation, or other socio-economic priority sectors as designated by ministries, ministerial-level agencies, provincial People’s Committees, or under international cooperation agreements of the Government of Vietnam, the minimum requirement is one year of relevant work experience. 

This relaxation not only facilitates enterprises’ access to younger international talent with strong potential but also reflects Vietnam’s proactive policy to attract high-quality human resources in support of socio-economic development. 

3. Other Notable Provisions 

Decree 219 also introduces more flexible rules on exemptions and extensions of work permits, notably: 

• Certification of exemption from work permit requirements may now be extended once for a maximum of two (02) years, rather than requiring a fresh application as previously mandated. 

• Short-term assignments: managers, executive directors, experts, and technical workers working in Vietnam for fewer than 90 days in a calendar year may be exempted from the work permit requirement. 

• Multiple work locations: foreign employees working for the same employer in multiple provinces are no longer required to have their work permit updated to reflect additional places of work. 

4. Conclusion and Recommendations 

Decree 219/2025/ND-CP represents a breakthrough legal reform, shifting from a “pre-approval” to a “post-supervision” mechanism, ensuring both strict management and maximum facilitation for enterprises. 

For foreign-invested enterprises (FDIs), this reform presents an opportunity to optimize recruitment procedures, save time and costs, and enhance competitiveness in attracting international talent. Nevertheless, to effectively implement the new provisions, enterprises are advised to promptly update their internal recruitment processes; review foreign employee dossiers to ensure compliance with the revised criteria; and prepare contingency human resource plans to mitigate potential legal risks. 

Date Written: 20/09/2025, Updated 15/01/2026

Disclaimers:

This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.

For issues related to the content or intellectual property rights of the article, please email cs@apolatlegal.vn.

Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to Employment and contact our team of lawyers in Vietnam via email info@apolatlegal.com.