A German specialist comes to a Hai Duong factory for a two-month production-line installation. HR asks: work permit, or just a notification? A wrong answer costs weeks and a fine — the right answer costs one notification letter. Decree No. 219/2025/ND-CP has redrawn Vietnam’s entire work-permit exemption map, and the biggest change is not in who is exempt, but in the procedure.
The current legal framework
Decree No. 219/2025/ND-CP on foreign workers in Vietnam (in force since 7 August 2025, replacing Decrees No. 152/2020/ND-CP and No. 70/2023/ND-CP) is the single instrument to consult — all guidance under the two old decrees has expired. Article 7 lists cases exempt from work permits, inheriting and expanding Article 154 of the Labor Code 2019: owners/capital contributors, board members, chiefs of representative offices, persons entering Vietnam for under 3 months to handle technical incidents, lawyers licensed in Vietnam, foreigners married to Vietnamese nationals residing in Vietnam, and further added cases. Notably, Article 7(13)(a): managers, executives, experts, and technical workers entering Vietnam for a combined under 90 days per calendar year (1 January–31 December) are work-permit exempt.
Three procedural tiers: confirmation, notification only, and nothing
The most confusing part. Tier 1 — exemption confirmation required: most Article 7 cases still require the employer to obtain a written confirmation of exemption from the competent authority before the foreigner starts work. Letting a foreigner work without that confirmation is penalized like employing without a permit. Tier 2 — notification only (the key new point): under Article 9(4), cases under Labor Code Article 154(4), (5), (6), (8) and Decree 219 Article 7(2), (3), (5), (8), (10) and 7(13)(a) need no exemption confirmation, but the employer must notify the competent authority at least 3 working days before the foreigner’s expected start date. The notice covers full name, date of birth, nationality, passport number, employer name, workplace, and working period. The German specialist in the opening example falls exactly here: no confirmation, just 3-working-day prior notification. Tier 3: cases the law expressly frees from both — rare, read each sub-clause carefully.
Two other changes businesses must know
First, linked work-permit and criminal-record processing. For the first time, employers may file the work-permit application together with the judicial-record request (as authorized by the foreign worker) online — previously two separate procedures at two different agencies. Second, tighter permit renewal: under Article 29, a work permit may be renewed only once, for no more than 2 years — while old Decree 152/2020 allowed unlimited renewals (each ≤2 years). Companies with long-term specialists must plan: after one renewal, continuation requires a fresh application.
Frequently asked questions
Does a specialist coming for 60 days of technology transfer need a work permit?
No permit is needed if covered by Decree 219/2025 Article 7(13)(a) (under 90 days/year). But the employer must still notify the competent authority at least 3 working days ahead under Article 9(4). Skipping the notification still draws administrative penalties.
What is the procedure for a foreigner married to a Vietnamese national?
Under Decree 219/2025 Article 9(4), notification only (no exemption confirmation), since the marriage is already evidenced by competent-authority documents (e.g. the marriage certificate issued by the commune-level People’s Committee).
What if the specialist exceeds 90 days in the year?
Beyond the 90-day/year threshold, the Article 7(13)(a) exemption no longer applies — the foreign worker must go through the standard work-permit procedure (unless another exemption fits). Track cumulative actual working days, not per-entry trips.
What is the penalty for missing the 3-working-day notification?
Employing foreigners outside proper procedure (no permit where required, no notification where required) draws administrative labor penalties, and the worker may face deportation. Check the administrative-sanctions instrument in force at the time of violation for exact fines.
Employing foreign specialists?
The line between “notification only” and “permit required” is thinner than most companies think — and crossing it means fines. FLAT Law Firm — over 30 years advising FDI enterprises on labor — reviews exemption eligibility, prepares notification/confirmation files, and builds permit-deadline tracking for your entire foreign workforce. Talk to us before your next specialist arrives.
