- Relaxation of Conditions for Granting Work Permits to Experts
According to Clause 3, Article 3 of Decree 219/2025/ND-CP, an expert is defined as a person who:
- Holds a university degree or higher and has at least 2 yearsof relevant work experience; or
- Holds a university degree and has at least 1 yearof relevant experience in specialized fields such as science, technology, innovation, national digital transformation, or priority sectors for socio-economic development.
Previously, under Decree 152/2020/ND-CP, a minimum of 3 years of experience was required in all cases.
- Changes in the Authority to Issue Work Permits
As per Article 4 of Decree 219/2025/ND-CP:
(*) Provincial-level People’s Committees have the authority to issue, re-issue, extend, and revoke work permits and certificates of exemption for foreign workers. This applies to employers whose headquarters, branches, representative offices, or workplaces are located within their jurisdiction.
- If a foreign worker is employed in multiple provinces or centrally-run cities, the People’s Committee where the employer is headquartered will be the competent authority.
(*) Provincial-level People’s Committees may delegate authority to competent subordinate agencies in accordance with the law.
Implication: The People’s Committees act both as the licensing authority and can decentralize responsibility to their affiliated agencies.
- Simultaneous Application for Work Permits and Judicial Records via the National Public Service Portal
Clause 3, Article 6 of Decree 219/2025/ND-CP introduces a streamlined process allowing employers to submit both:
- An application for a work permit, and
- An application for a judicial record card(authorized by the foreign worker). Simultaneously through the National Public Service Portal.
This process involves coordination between:
- The National Public Service Portal,
- The provincial-level work permit issuing agency, and
- The police agency responsible for issuing judicial records.
(*) The work permit and the electronic criminal record card will be issued at the same time.
- Additional Cases Where Foreigners Are Exempt from Work Permits
Article 7 of the new Decree expands the list of exemptions to 15 cases, including foreign nationals working in:
- Finance,
- Science and technology,
- Innovation,
- National digital transformation, and
- Other priority sectors for socio-economic development,
…provided they are certified by relevant ministries, ministerial-level agencies, or provincial-level People’s Committees.
- Exemption for Foreigners Working Less Than 90 Days Per Year
As per Point a, Clause 13, Article 7:
- Foreign workers who are in Vietnam for a total of less than 90 days per calendar year(January 1–December 31) are not required to obtain a work permit.
However, employers must notify the competent authority at least 3 working days in advance, as required by Clause 4, Article 9.
Previously, Decree 152/2020/ND-CP only exempted those working less than 30 days at a time and no more than 90 days per year, without clearly requiring prior notification.
- Notification Requirements for Work Permit Exemptions
Clause 4, Article 9 outlines that for specific cases (as mentioned in Article 154 of the Labor Code and Article 7 of this Decree), no certificate of exemption is required, but employers must notify the relevant authority at least 3 working days before the foreign worker starts.
The notification must include:
- Full name,
- Date of birth,
- Nationality,
- Passport number,
- Name of the foreign employer,
- Workplace and duration of work.
Previously, such notifications were made to the Ministry of Labor, War Invalids and Social Affairs or its departments, without detailed content or timing requirements.
- One Work Permit Valid Across Multiple Provinces
Clause 5, Article 22 allows foreign workers with a valid work permit to work in multiple provinces or centrally-run cities.
(*) Before relocating to another province or city, the employer must notify the local authority at least 3 working days in advance.
- Clearer Basis for Determining Permit Duration
Article 21 affirms that the maximum duration of both the work permit and the exemption certificate remains 2 years.
However, Decree 219/2025/ND-CP now clearly lists the basis for determining this duration, including:
- Labor contracts,
- Official business trip documents,
- International agreements,
- Business operation licenses, etc.
This is an improvement over Decree 152/2020/ND-CP, which lacked detailed criteria.
- Expanded Grounds for Revocation of Work Permits and Exemption Certificates
Articles 30 and 32 of the new Decree provide additional circumstances for revocation, including:
- Expired documents,
- Violations related to the issuance or misuse of permits,
- Foreign workers being prosecuted or under investigation,
- Termination of the employer’s operations,
- Written notice from the foreign party to terminate employment.
To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance for Work Permit
Contact us at:
Email: hue.truong@htlaw.vn
Phone: +84 935 439 454.