You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

August 20, 2025

Vietnam Relaxes Requirements for Foreign Workers

Subscribe to Updates

On August 7, 2025, the government of Vietnam promulgated Decree No. 219/2025/ND-CP on foreign workers working in Vietnam (Decree 219), introducing substantial reforms to the management of foreign employees. Taking immediate effect upon issuance, and superseding earlier regulations on foreign employees under Decree No. 152/2020/ND-CP as amended by Decree No. 70/2023/ND-CP (collectively referred to as “Decree 152”), Decree 219 sets out clear timeframes and application requirements for work permit issuance, while adopting more flexible policies to support business operations.

The key new provisions are as follows:

1. Relaxed Requirements Regarding Job-Posting

Under Decree 152, employers were required to follow a complex process to apply for work permits or work permit exemption certificates for foreign employees. This included posting an advertisement for any position the employer wished to fill with a foreign employee on a designated online portal for a given amount of time, to demonstrate that the company tried, but failed, to find a suitable Vietnamese candidate for the position.

This job-posting step now only applies when the foreigner will work in Vietnam under a local labor contract. Foreigners coming to Vietnam as intra-corporate transferees (i.e., as secondees) or working under service contracts are exempt. The job-posting period is also reduced from 15 calendar days to five business days. Employers may also now post the advertisements on multiple websites instead of only the online portal of the Ministry of Labor, Invalids and Social Affairs (now the Ministry of Home Affairs after government restructuring) or the provincial-level employment service center.

2. Work Permit Application Dossier

Previously, employers were required to complete a preapproval step, whereby they had to submit a dossier explaining their foreign labor demand that required approval from the labor authority. Once approval for the foreign labor demand was granted, the approval dossier was an integral part of the work permit application. In practice, many employers struggled to obtain approval in this first step, significantly delaying the work permit application process.

This step is eliminated under Decree 219, as an explanation regarding foreign labor demand is now integrated into the single work permit application form (Form No. 03). This explanation is also required only in case of foreigners working under local labor contracts. Thus, like the relaxation in respect to the job-posting rule, intra-corporate or internal transferees and those working under service contracts would be exempt from this requirement.

3. Integrated Application Process for Work Permit and Criminal Record Certificate

Decree 219 introduces an integrated process allowing simultaneous applications for work permits and criminal record certificates through the National Public Service Portal. Accordingly, employers may submit both applications online concurrently, and the submitted applications will then be handled separately by the provincial people’s committee (for work permit application) and the police authority responsible for issuing criminal record certificates (the Department of Professional Records under the Ministry of Public Security or the professional records division under the provincial public security authority). The employers will then be issued electronic versions of the work permit and criminal record certificate.

Previously, it was necessary to obtain the criminal record certificate before applying for the work permit. Now that these processes can be conducted simultaneously, the work permit application process will be expedited.

4. Flexibility to Work in Multiple Locations

Instead of mandating the reissuance of a work permit upon a change in work location,  Decree 219 now allows foreign employees to work in different provinces for the same employer without a separate work permit. In this regard, such employees must simply notify the local labor authorities at least three days before commencing work at the new location. However, further official guidance is needed for implementation of this new regulation.

5. New Eligibility Criteria for Experts, Technical Workers, and Executives

Decree 219 reduces the years of experience required to qualify as an expert or technical worker. Experts must have a relevant university degree and two years of work experience in their field of expertise (reduced from three years under Decree 152), or one year of work experience in priority sectors such as finance or science and technology. Decree 152’s condition that foreigners without a relevant university degree could still qualify as experts if they had worked in their field for five years has been removed.

Technical workers must have two years of work experience in their field (reduced from three years) plus a one-year training period, or three years of working experience (reduced from five years) with no training.

Executives who are not named in the employer’s corporate documents must now have at least three years of work experience in a relevant field.

6. Expanded Work Permit Exemptions

Decree 219 provides a longer work permit exemption period for short business visits. Foreign executives, experts, and technical workers can work in Vietnam for up to 90 days per calendar year regardless of the number of entries, versus the previous restriction to 30 days at a time with a total of three trips a year. This amendment offers greater flexibility for project-based deployments without necessitating a full work permit.

Decree 219 also facilitates the entrance of foreign workers for priority sectors. Foreigners who are officially invited by ministries, ministerial-level agencies, or provincial-level people’s committees engaging in finance, science, technology, innovation, national digital transformation, and other priority socioeconomic development sectors may qualify for work permit exemptions.  However, further guidance will be issued to set out the procedure to obtain this invitation.

Outlook

The changes under Decree 219 incorporate many of the reforms proposed by the business community and are expected to facilitate foreign investment in Vietnam. However, some further clarifications are needed in respect to procedures and requirements within the decree, so businesses may initially expect some obstacles in the implementation of these changes.

Related Professionals

Practices

Employment

Location

RELATED INSIGHTS​ 

August 31, 2026
Thailand has introduced a new regulatory framework that may expose foreign nationals who violate the Foreign Business Act (FBA) to deportation. The Regulation of the Office of the Prime Minister on Deportation B.E. 2569 was published in the Government Gazette on August 27, 2026. The regulation establishes an administrative process for referring foreign nationals for deportation where this is deemed necessary in the interests of public order or public morality. It does not create new substantive deportation powers, but it expressly identifies unlawful business conduct under the FBA—including nominee arrangements—as grounds for referral. Grounds for Deportation Referral The regulation sets out five grounds that may give rise to a referral to the relevant authorities: Unlawful entry into, or unlawful stay in, Thailand in violation of immigration laws. Unlawful employment or engagement in work in violation of laws governing the employment of foreign nationals. Carrying on business in violation of the FBA, including through the use of nominee arrangements. Forging official documents or using forged official documents. Committing an offense punishable by imprisonment of five years or more. The framework takes a broad approach, extending not only to the perpetrators of these acts but also to those who facilitate, instigate, or otherwise support such acts. Deportation Risk Following a Criminal Judgment Where a foreign national has committed any of the above offenses and has fully served the sentence imposed pursuant to a final judgment, the interior minister has the power to order deportation. This power also applies where a court has issued a final judgment sentencing a foreign national to imprisonment but has suspended the execution of the sentence, or has imposed a fine. A deportation order may also specify a period during which the foreign national is prohibited from reentering Thailand. FBA Noncompliance: Broader Consequences Noncompliance with the FBA—including
Read More
August 20, 2026
As part of its membership in Lex Mundi, Tilleke & Gibbins has released the latest edition of its Guide to Doing Business in Thailand, providing an overview of the legal, regulatory, and commercial considerations for companies establishing or expanding operations in Thailand. The 2026 edition offers practical insight into the country’s business environment, investment framework, and operational requirements. The guide covers a wide range of topics relevant to foreign and domestic investors, including: Investment incentives and promotion schemes Financial facilities and banking regulations Exchange controls and money transfers Import and export regulations Business structures and incorporation options Requirements for establishing a business Operational and compliance considerations Business cessation and insolvency procedures Employment and labor laws Taxation Immigration and visa requirements Prepared by Tilleke & Gibbins lawyers across multiple practice areas, the publication outlines key aspects of doing business in Thailand, including foreign investment restrictions, regulatory compliance obligations, corporate structures, employment requirements, and recent legal and economic developments affecting investors. The publication forms part of Lex Mundi’s Country Guides series, a global collection of jurisdiction-specific reference materials prepared by member firms around the world. Together, these guides help companies evaluate opportunities, compare regulatory environments, and plan international business activities across multiple markets. The full Guide to Doing Business in Thailand 2026 is available through the button below.
Read More
July 30, 2026
Thailand’s cabinet has approved a draft ministerial regulation introducing significant changes to the calculation of old-age pension and old-age gratuity benefits under the Social Security Fund. The reform would replace the current pension calculation method with a career average revalued earnings (CARE) model designed to better reflect an individual’s lifetime contributions while supporting the long-term financial sustainability of the Social Security Fund. The changes are also intended to improve fairness and align Thailand’s pension framework with international practices. Key proposed changes under the draft ministerial regulation are outlined below. CARE-Based Formula for Old-Age Pension Calculations Currently, old-age pensions are calculated based on the insured person’s average salary over the preceding 60 months. The proposed regulation would replace this approach with the CARE model, under which pension benefits will be calculated based on earnings throughout an individual’s entire working life. Historical earnings will be revalued to reflect their present value before the pension benefit is calculated. According to the Ministry of Labor, this change is intended to better align pension benefits with an individual’s lifetime contribution history and provide a fairer basis for calculating benefits. Pension Accrual Rate for Contributions Exceeding 180 Months Under the current rules, insured persons who contribute for more than 180 months receive an additional pension accrual of 1.5% for each completed 12-month contribution period, with any remaining months disregarded. The proposed regulation would instead calculate the additional accrual on a monthly basis at a rate of 0.125% of actual monthly contributions; this aims to make pension benefits more accurately reflect the actual duration of each individual’s contribution history. Transitional Protections for Insured Persons The draft regulation includes transitional protections for both existing pension recipients and those who will become eligible within five years of the CARE model taking effect. For existing recipients, the following protections
Read More
June 4, 2026
On May 19, 2026, the Cabinet of the Royal Thai Government approved, in principle, revisions to Thailand’s visa exemption scheme and visa on arrival (VOA) program, as proposed by the Ministry of Foreign Affairs and the Ministry of Tourism and Sports. The revisions represent a tightening of Thailand’s immigration framework and will affect a broad range of short-term visitors. Background On July 15, 2024, Thailand expanded its visa exemption scheme by increasing the permitted period of visa-exempt stay from 30 days to 60 days in order to promote tourism, support the country’s post-pandemic economic recovery, and facilitate international travel. Under this revised scheme, passport holders from 93 countries and territories (an increase from the previous 57 countries and territories) have been permitted to enter Thailand without a visa and remain in the country for up to 60 days per entry for purposes including tourism, business engagements, urgent work, and ad hoc assignments. In addition, eligible visitors may apply at the Thai Immigration Bureau for a further 30-day extension of stay. Key Changes The proposed revisions would revoke the current 60-day exemption and reinstate the previous stay period, thereby reducing the maximum permitted stay for eligible travelers to 30 days per entry. In addition, the number of countries and territories eligible under the 30-day visa-exemption scheme is expected to be reduced to 54. The scope of the VOA scheme would likewise be significantly narrowed, with the number of eligible countries reduced from 31 countries to just four (Azerbaijan, Belarus, Serbia, and India). Further, Thailand is expected to introduce a new 15-day visa exemption category for nationals of Seychelles, the Maldives, and Mauritius. The revised framework would also limit each country or territory to a single visa exemption privilege in order to simplify Thailand’s immigration framework and reduce overlapping immigration privileges.
Read More