Effective July 1, 2025, the Vietnamese government will implement a decree that introduces a new framework for delegation and decentralization in state management within the Internal Affairs sector and impacts immigration procedures. One of the key changes is the transfer of several responsibilities from the Ministry of Home Affairs (MOHA) to the Provincial People’s Committee. Although MOHA is not typically involved in most immigration cases, it currently oversees applications involving employees working across multiple locations or in sectors where enterprise licenses are issued by central authorities. Under the new decree, however, MOHA will no longer manage these Job Position Approval (JPA) requests, work permits, or work permit exemptions. These duties will now fall under the jurisdiction of the Chairperson of the Provincial People’s Committee or a designated specialized agency. The Chairperson will also determine whether a foreign worker qualifies as an expert, as defined by law. Specifically, when an employer submits a work permit application and believes the case qualifies for an expert exemption, the Department of Home Affairs must consult the Chairperson within three business days to obtain a review and written decision. In exceptional cases, the Department may also propose exemptions for foreign experts transferred under special circumstances, and the Chairperson will then issue a final decision on whether the exemption applies. This change will only impact cases that must be filed directly with the MOHA.
We worked closely with Resident Vietnam in Vietnam to prepare this alert. This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
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