Quick answer
Under Decree 219/2025/ND-CP (effective 7 August 2025), the justification and approval of the demand for foreign workers is integrated into the work permit application dossier — employers no longer complete a separate demand-approval procedure before applying for the permit, as was previously required. In the dossier, the employer must clearly justify the demand: the job position, headcount, duration, and reasons why no Vietnamese candidate meets the requirements. The competent authority reviews and approves the demand simultaneously with processing the permit application, within 10 working days of receiving a complete dossier. Dossiers are filed at the Public Administration Service Center of the locality where the foreign worker will work.
Legal basis
Previously, under Article 4 of Decree 152/2020/ND-CP, employers had to report and justify their demand for foreign workers and obtain approval at least 30 days before the intended employment date — a separate procedure preceding the work permit application. Decree 219/2025/ND-CP reformed this toward simplification: demand justification is integrated as one component of the work permit application dossier (Article 18), and the competent authority “reviews the demand approval and issues the work permit” within the same 10-working-day processing window (Article 28 for extensions; Article 22 for new issuance).
What does the demand justification dossier include?
In the work permit application form issued with Decree 219/2025/ND-CP, the enterprise declares and justifies:
- Job position: the specific title, falling into one of the four groups (manager, executive director, expert, technical worker) under Article 3;
- Headcount: the number of foreign workers intended for each position;
- Duration: the intended employment period, consistent with the requested permit validity (maximum 2 years);
- Reasons for using foreign workers: explaining why no Vietnamese candidate meets the position’s requirements — e.g., international experience requirements, proprietary technology transferred by a foreign supplier, parent-group requirements for key personnel;
- Current usage: the number of foreign workers currently employed (if any), plus periodic reports on foreign worker usage.
How to write a convincing justification
1. Tie it to the position’s specifics, not generalities
Writing “foreign experts are needed due to job requirements” is unconvincing. Be specific: “the SMT line technician position requires an equipment operation certificate issued by manufacturer X (Japan); six months of recruitment in Vietnam yielded no qualified candidate” — attaching recruitment evidence where available.
2. Show efforts to recruit Vietnamese workers
Although the law imposes no rigid pre-recruitment obligation, demonstrating good-faith efforts to hire Vietnamese workers (job postings, interview results) gives the justification more weight — especially for positions where the Vietnamese labor market has supply.
3. Stay consistent with the position-proof documents
The justification must match the position-proof documents in the dossier: title, job description, and professional requirements. Contradictions between the justification and the supporting documents are a common reason authorities request clarification or decline the demand.
Processing time and filing venue
- Where to file: the Public Administration Service Center of the locality where the foreign worker works; dossiers are transferred via the one-stop-shop mechanism to the competent authority (assigned by the provincial People’s Committee — currently the Department of Home Affairs).
- Filing methods: in person, via public postal service, via hired corporate/individual services, or by authorization.
- Timeline: within 10 working days of receiving a complete dossier, the competent authority reviews the demand and issues the permit. A refusal must be made in writing with stated reasons.
When must the demand justification be redone?
Demand justification attaches to each permit application. It must be redone for: new permit applications (new workers, or existing workers changing position, company, or form of work) and permit extensions (the authority re-reviews the continuing demand). If the demand no longer exists (e.g., a Vietnamese replacement has been hired), the employer does not reapply and completes the permit revocation and return procedures as prescribed.
Demand justification for multi-province employment
Enterprises operating in several provinces face an additional layer: the demand justification and the permit application are assessed by the authority of the locality where the worker actually works. A foreign expert splitting time between a factory in one province and a branch in another should have the permit tied to the primary workplace, and any regular work in the second locality should be reflected consistently in the dossier’s stated work location. Some employers mistakenly file all permits at the head-office province while the workers are based at factories elsewhere — a mismatch that surfaces during inspections and can invalidate the demand assessment. When in doubt, file where the worker’s daily workplace is, and describe multi-site duties explicitly in the application form so the reviewing officer sees the complete picture.
Linking demand approval to recruitment planning
Smart employers turn the demand justification into a workforce planning tool rather than a paperwork chore. Maintain a register of every foreign position: the approved headcount, the permit expiry dates, and the localization plan for each role (which positions will be transferred to Vietnamese staff and when). When the extension round comes, the “continuing demand” review under Article 28 becomes straightforward because the data is already organized. Enterprises that can show a credible roadmap for reducing foreign headcount over time also tend to receive smoother reviews, as the policy direction favors technology transfer and local capacity building alongside foreign expertise.
Frequently asked questions
Is the old 30-day advance demand approval still required?
No. The “at least 30 days in advance” rule of Decree 152/2020/ND-CP expired with that decree on 7 August 2025. Under Decree 219/2025/ND-CP, demand justification is made within the permit application dossier and reviewed within the 10-working-day processing window.
If the demand is not approved, can the permit still be issued?
No. Demand approval is a condition for work permit issuance. In case of refusal, the competent authority must respond in writing with stated reasons; the enterprise may appeal the decision under the complaints legislation.
Where do enterprises in industrial parks file?
At the Public Administration Service Center of the locality where the worker works. Some localities delegate receipt of industrial-park enterprises’ dossiers to the Industrial Park / Economic Zone Management Board — employers should ask the local Service Center or the park Management Board directly to file with the correct recipient.
Are there fees for the demand review?
Work permit fees (covering the integrated demand review) are set by each province’s People’s Council and vary by locality. Employers should check the fee schedule of the province where they file; service providers’ fees, if hired, are separate.
Can the demand justification cover multiple workers at once?
Yes. The application form allows the employer to justify demand for multiple foreign workers across positions in a single filing, provided each position’s title, headcount, duration, and reasons are stated. This is efficient for project-based hiring waves, such as staffing a new factory with a team of experts and technicians.
What if the authority questions the justification?
The authority may request supplementation or clarification within the processing window. Respond promptly with concrete evidence — recruitment records, project documents, technology descriptions. A refusal must state reasons in writing, and the employer may appeal under the complaints legislation.
FLAT Law Firm supports FDI enterprises in drafting foreign worker demand justifications, preparing end-to-end work permit dossiers under Decree 219/2025/ND-CP, and following through until results are issued. Contact us for advice.
This article has been quality-reviewed by the FLAW AI Legal Council. Content is for reference only and does not replace legal advice for your specific case.
