As of August 7, 2025, Government Decree No. 219/2025/ND-CP officially takes effect, replacing and amending a number of important provisions of Decree No. 152/2020/ND-CP on the management of foreign workers employed in Vietnam. This development is considered a significant adjustment, reflecting practical demands in the context of international integration and the growing inflow of foreign labor and investment.
This article, prepared by DNP Viet Nam Law Firm, provides updated legal information and in-depth analysis of the differences between Decree No. 152/2020/ND-CP and Decree No. 219/2025/ND-CP, as well as their practical implications for enterprises.
1. Key differences between the two Decrees
| Criteria | Decree No. 152/2020/ND-CP | Decree No. 219/2025/ND-CP |
| 1. Conditions for granting work permits to experts | – All experts were required to have at least 03 years of relevant professional experience. (clause 3, Article 3, Decree No. 152/2020/ND-CP) | – The 3-year requirement is reduced to 02 years in most cases. – Special cases: at least 01 year of experience in key fields such as science, technology, national digital transformation, or socio-economic priority sectors. (clause 3, Article 3, Decree No. 219/2025/ND-CP) |
| 2. Exemption from work permits for short-term assignments | – Exemptions applied for assignments of less than 30 days per visit and not exceeding 90 days per year, but without explicit notification obligations. (clause 2, Article 7, Decree No. 152/2020/ND-CP) | – Foreign workers with a total employment duration of less than 90 days in a calendar year (from January 1 to December 31) are exempt from work permits. – Employers must notify the competent authority in writing at least 03 working days in advance. (clause 4, Article 9; point a, clause 13, Article 7, Decree No. 219/2025/ND-CP) |
| 3. Processing time for work permits | – Work permits were to be issued within 05 working days from receipt of a complete dossier. (clause 2, Article 15, Decree No. 152/2020/ND-CP) | – Work permits are issued within 10 working days from receipt of a complete dossier, using Form No. 04 in the Annex of the Decree. (clause 3, Article 22, Decree No. 219/2025/ND-CP) |
| 4. Revocation of work permits and exemption certificates | – Grounds for revocation of work permits were scattered across provisions. – No regulation on revoking exemption certificates. (clause 2 Article 16 and Article 18 Decree No. 152/2020/ND-CP) | Work permits and exemption certificates may be revoked in cases including: – Expired documents; – Violations in issuance, extension, or improper use; – Foreign workers being prosecuted; – Enterprise termination; – Written notification from the sending entity. (Articles 30 and 32, Decree No. 219/2025/ND-CP) |
| 5. Simultaneous online issuance of work permits and criminal record certificates | – No provision for integrated procedures. – Applications were handled separately by two agencies (Department of Labor, Invalids and Social Affairs, and the Police). (Decree No.152/2020/ND-CP; Decree No.70/2023/ND-CP) | – Employers may simultaneously submit: + An application for a work permit; + An application for a criminal record certificate (on behalf of the foreign worker). – The integrated process connects the National Public Service Portal, the provincial-level work permit authority, and the police agency issuing criminal record certificates. – Results (electronic work permit and criminal record certificate) are returned concurrently. (clause 3, Article 6, Decree No. 219/2025/ND-CP) |
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2. Implications of the changes for FDI enterprises
| Positive impacts | Challenges |
| – More transparent procedures and legal risk control: Decree No. 219/2025/ND-CP introduces clearer regulations on online submissions, electronic confirmations, and responsibilities of authorities. This enables FDI enterprises to reduce overlaps and errors in applying for or extending work permits. – Facilitated international human resource management: Shorter processing times, digitalized procedures, and online integration allow enterprises to deploy foreign personnel in a timely manner for ongoing projects. – Eased requirements on professional experience: The reduction from 3 years to 2 years (and even 1 year in specific high-tech and innovation sectors) gives FDI enterprises greater flexibility in recruiting international experts in priority industries. | – Concerns over workforce quality: Lower standards may raise concerns about the expertise of recruited personnel, requiring enterprises to strengthen their internal screening and vetting processes. – Risks of delays if dossiers are not standardized: The digital system, while transparent, does not permit informal flexibility as before. Enterprises unfamiliar with the process may face repeated rejections, potentially delaying projects. – Heightened compliance requirements: Enterprises must strictly adhere to legal obligations; violations such as misuse of work permits, late extensions, or business termination could result in revocation of permits, disrupting human resource planning. |
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