Hiring foreign workers at FDI enterprises — procedures for approving labor demand

Hiring a foreign expert to work at an FDI enterprise in Vietnam used to mean passing three gates: posting the job for Vietnamese workers, obtaining a separate approval of the demand for foreign workers, and only then filing for a work permit. Since 7 August 2025, Decree 219/2025/ND-CP has fundamentally changed this: the demand-approval procedure is now integrated directly into the work permit application dossier.

This guide walks FDI companies through hiring foreign workers under the new rules: from determining the job position and working form, to posting obligations, filing, and receiving the permit.

1. The biggest change: no more standalone demand approval

Under the old regime (Decree 152/2020/ND-CP, amended by Decree 70/2023/ND-CP), companies proceeded sequentially:

Post the job for Vietnamese workers (at least 15 days) → report and obtain written approval of the demand for foreign workers → file for a work permit.

Under Decree 219/2025/ND-CP (effective 7 August 2025):

• The standalone “demand approval” step is gone. The demand explanation is integrated into Form No. 03 — a single document that both reports the demand for foreign workers and requests issuance/reissuance/extension of the work permit (Article 18(1)).
• The competent authority simultaneously reviews the demand and issues the work permit in one process, within 10 working days of receiving a complete dossier (Article 22(3)). If the demand is not approved or the permit not issued, a written reply stating reasons must follow within 03 working days.

In short: Form No. 03 = demand explanation + permit request, filed once, reviewed once.

2. The hiring process for FDI companies

Step 1 — Determine the job position and working form

Before preparing the dossier, the company must pin down two elements (getting either wrong can mean rejection or a later re-application):

• Job position (Article 3 of Decree 219): manager, executive director, expert, or technical worker — each with its own degree and experience criteria;
• Working form (Article 2(1)): 12 forms (a) through (m); the common ones at FDI companies are (a) performing a labor contract, (b) intra-corporate transfer, and (l) Board chairman/member, owner/contributing member with capital below VND 3 billion.

Step 2 — Post the job for Vietnamese workers (only some cases)

This step has been sharply narrowed. Not every foreign hire requires posting the job for Vietnamese workers first. The obligation applies only to three working forms:

• (a) performing a labor contract;
• (i) participating in bids or projects in Vietnam;
• (m) performing a labor contract with a foreign diplomatic mission or foreign organization in Vietnam.

Where posting is required: announce the recruitment of Vietnamese workers at least 05 days before filing (no longer the old 15-day mark), and hire the foreigner only if no suitable Vietnamese candidate is found. Companies may choose their own appropriate posting method.

Important: failing to find a suitable Vietnamese worker is only one factor in the review — it does not automatically mean the demand is approved or the permit issued. Authorities still assess the position, qualifications, experience, and other conditions.

Step 3 — Prepare the dossier (Article 18)

1. The demand report + work permit request on Form No. 03 (appendix to Decree 219);
2. Health certificate (issued within 12 months);
3. Copy of a valid passport;
4. Criminal record certificate (issued within 06 months) or equivalent;
5. Two 4×6 cm color photos (white background);
6. Documents proving the working form;
7. Documents proving the job position (manager, executive director, expert, technical worker).

Foreign-language documents must be consularly legalized (or apostilled where applicable) and translated into Vietnamese with notarized translation.

Step 4 — File within the correct window

Under Article 22(1), the dossier must be filed no more than 60 days and no fewer than 10 days before the foreign worker’s expected start date (the T-60 to T-10 window). File at the local Public Administrative Service Center — in person, by public postal service, through a service provider/authorized person, or online via the National Public Service Portal (encouraged).

Step 5 — Receive the result

Within 10 working days of receiving a complete valid dossier, the authority reviews the demand and issues the work permit on Form No. 04. Results may be collected as a paper copy or an electronic version of equal legal value.

After issuance (for the labor-contract form), the company and worker must sign a written labor contract before the expected start date (Article 22(4)), then proceed with the corresponding temporary residence card.

3. Where FDI companies commonly stumble

• Still following the old 3-step process: many service providers and HR staff still “seek demand approval first” — that standalone procedure no longer exists.
• Posting for the wrong cases: either skipping the posting obligation for forms (a)/(i)/(m), or unnecessarily posting for forms where it is not required (e.g., intra-corporate transfers), causing needless delay.
• Filing outside the T-60/T-10 window: filing too early (over 60 days out) or too late (close to the start date) is not accepted.
• Inconsistent dossiers: the title in the appointment decision, the experience in the confirmation letter, and the position requested in Form 03 do not match — the most common reason for rejection.
• Forgetting the labor contract after issuance: for the labor-contract form, signing it before the expected start date is mandatory.

4. Frequently asked questions

Must FDI companies prioritize Vietnamese workers?

In principle, employers may only hire foreigners for positions Vietnamese workers cannot fill. For forms (a)/(i)/(m) this is implemented through the 5-day posting obligation. For other forms, the company still explains its demand in Form 03.

What if the job position changes after the permit is issued?

Under Decree 219, changing the job position or working form (without changing employer) requires a new work permit application — not reissuance or extension.

Is online filing equal to in-person filing?

Yes. Dossiers filed via the National Public Service Portal carry equal legal value and are the encouraged channel for speed and traceability.

Sources

• Decree 219/2025/ND-CP dated 7 August 2025 (effective from signing) — Article 2(1); Article 3; Article 18(1); Article 22.
• Labor Code 2019.

This article is for general information only. Administrative procedures may receive further local guidance; companies should confirm with the competent authority before acting.

Contact FLAT Law Firm: we support FDI companies through the entire foreign-hiring process — from position determination and Form 03 preparation to permit follow-up. See more articles on labour and employment at flaw.vn.

This article was prepared by the FLAW AI Legal Council, has passed internal QA review, and is pending owner approval. It is not the opinion of a licensed human lawyer and does not replace direct legal advice.