From Advocacy to Action: Vietnam’s New Work Permit Decree Takes Shape

Hot on the heels of extensive government strategies efforts in engaging with the Vietnamese government to reform their work permit rules (in the form of a new Decree), the new Decree 219 (on foreign workers working in Vietnam) has just been issued by the government, effective immediately. 

It should be noted that the issuance of the Decree has been expected for some time now but had been delayed, and so its release (and immediate effectiveness) comes as somewhat of a relief (although its impacts are yet to be fully assessed).

From consultation to contribution

Throughout the last several months in the lead-up to the revamped Decree, Fragomen has been at the forefront of gathering company feedback, analyzing and assessing the existing Decrees and their impact and performing a comprehensive comparative review of other regional immigration systems to compile our recommendations to the Vietnamese government. Those efforts included:

• • • In early April, Fragomen submitted a list of recommendations for the Ministry of Home Affairs (MOHA), the key government Ministry that has been newly tasked to administer the country’s work permit system. These recommendations included suggestions on certain hot-button topics, such as the reform of the job posting requirement; the implementation of a ‘national’ work permit; solutions needed for short-term assignments (including review of the so-called ‘30 day/3 trip’ rule); and potential carve-outs for specialized or skills shortage roles. 
    • Following an initial draft that was issued by MOHA in late April for further commentary, Fragomen also submitted additional recommendations in May after reviewing the direction of the proposed revisions. This included advocating for flexibility around and a solution for foreign nationals working at multiple job sites across the country; a further push for nationally-applicable work permits; re-wording of the clause around short-term work (which had become more restrictive in the draft); and suggestions to further streamline the work permit process. This additional commentary also included requests for further clarification as well as even specific suggested re-wording.
    • In late May (after the commentary period was closed), a dialogue session with MOHA was arranged by the Vietnam Business Forum (VBF). Fragomen contributed to the findings presented to MOHA, with research compiled by our Knowledge Group (and our immigration experts around the region). The research included a comparative view of Vietnam’s existing work permit system against those of other key countries in the region (including China, Thailand, Philippines and Singapore).  The regional surveys included an overview of country-specific practices around job posting requirements, foreign labor demand application requirements, whether the issued work permit is location-specific or not, options for short-term work and work permit categories generally. The thrust of the research was to make recommendations (after surveying other countries in the region) on introducing more efficiency, consistency and flexibility into the work permit process (while still balancing the government’s legitimate goal of protecting the local labor market).

New Decree 219 reforms  

Upon review of the new Decree, it does appear that the government has addressed several of the issues raised by our recommendations. Some of these reforms include the following:

• • • Reform to job posting requirement. One of the more controversial items included in Decree 70 (implemented in 2023, which amended the onerous Labour Decree 152 of 2021) was the introduction of a job posting requirement. Decree 219 significantly reduces and/or removes the job posting requirement, which companies were finding to be an additional burden (on an already bureaucratic process). 
    • Wider applicability of work permits and the multi-location scenario.  Although a truly nationwide work permit (or one that is issued locally but applicable nationally) was not implemented in Decree 219, the new Decree at least does attempt to address the scenario where a work permit holder may need to work in multiple provinces or cities. Whether these new provisions adequately or fully address the scenario remains to be seen (for example, the Decree indicates that the foreign national must be working “for the same employer” and so vendor/supplier/customer and other third-party sites may not be covered).
    • Solutions for short-term assignments. Although a new category of short-term work permits was not introduced (à la the Urgent Work Permit in Thailand or the Special Work Permit in the Philippines), the new Decree further liberalizes the ‘30 day/3 trip’ rule introduced in Decree 152. In fact, Decree 219’s new rule for short-term work appears even more generous than the ‘30 day/90 day’ rule (i.e., the rule introduced by Decree 11 of 2016, largely seen as one of the more liberal Labour Decrees). Under Decree 219, those foreign workers (managers, executive directors, experts or technical workers) entering Vietnam to work for a total duration of less than 90 days in a calendar year are not required to obtain a work permit (or even a work permit exemption certificate). While this is invariably going to be viewed as a positive development, to caution, it may also further complicate compliance management (as it may become more difficult for companies to monitor and enforce).
    • Priority sectors. Even in the drafts of the Decree that were circulated previously, the government did include provisions for “priority socio-economic development sectors.” The Decree delineates several of these sectors, including finance, science, technology, innovation and national digital transformation. It further indicates that other sectors could be so designated by ministries, ministerial-level agencies, provincial People’s Committees or under cooperation agreements with the Vietnamese government. Again, while the inclusion of this wording in the Decree is welcome, how these provisions will actually be implemented remains to be seen.
    • Streamlining of the work permit process. From a more practical viewpoint, the new Decree also provides some promising provisions which should further streamline the existing work permit process and documentary requirements. This includes:
      • • • The reduction in work experience requirements for certain categories of foreign workers;
          • Confirmation that previous work permits or work permit exemption certificates can be used as proof of relevant experience;
          • Consolidation of the job position approval application (the previous initial ‘pre-approval’ step of the process) with the work permit application; and
          • Reduction in the official processing time.

Staying vigilant amid evolving implementation

While many of these provisions appear promising at face value, their ultimate effectiveness will depend on how they are implemented at the local level across provinces and municipalities. As seen with prior Decrees, even a well-intentioned national regulation can encounter challenges or inconsistencies during local application.  

Nevertheless, Fragomen professionals remain cautiously optimistic given the government’s demonstrated willingness to engage with stakeholders and consider advocacy input. Fragomen is actively monitoring for further developments and will continue to assess the practical implications of the Decree. Stay tuned for a comprehensive client alert, to be issued in the coming days, which will provide further technical analysis.

Need to know more?

To learn more about immigration policy changes in Vietnam, please contact Partner Kenneth Lau at [email protected]. For more information on Vietnamese Immigration, the latest news and Fragomen contacts, please visit our Spotlight page.

This blog was published on 10 August 2025, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.