Quick answer
Vietnamese law classifies foreign workers eligible for work permits into four job positions under Article 3 of Decree 219/2025/ND-CP (effective 7 August 2025): experts, managers, executive directors, and technical workers. Each group has its own criteria regarding degrees, experience, and supporting documents. Identifying the correct group at the outset determines the entire dossier: which documents the employer must prepare, how the job title is stated, and how likely the application is to succeed. Choosing the wrong group is the leading cause of returned applications.
Legal basis
Article 3 of Decree 219/2025/ND-CP details the four job positions of foreign workers in Vietnam. This decree replaced Decree 152/2020/ND-CP and Decree 70/2023/ND-CP on 7 August 2025. Compared with the old rules, the criteria for experts and technical workers were significantly relaxed: experts now need only 2 years of experience (previously 3), and technical workers have an additional route requiring only 3 years of experience without a mandatory training certificate.
Group 1: Experts
Criteria
An expert falls into one of two cases:
- Holding a university degree or equivalent with at least 2 years of relevant experience suited to the intended job position in Vietnam; or
- Holding a university degree with at least 1 year of relevant experience, applicable to experts working in finance, science, technology, innovation, national digital transformation, or priority socio-economic development sectors.
Supporting documents
The university degree (consular-legalized copy with certified translation) and written experience confirmations from previous employers. The experience must be “relevant” — directly related to the intended position in Vietnam; unrelated general work experience does not count.
Who it suits
Engineers, chief accountants, finance specialists, IT experts, and technical consultants of FDI projects. This is the largest group in foreign-invested enterprises.
Group 2: Managers
Criteria
A manager is a business manager as defined in Clause 24, Article 4 of the 2020 Enterprise Law — including private enterprise owners, general partners, Chair of the Members’ Council, company Presidents, Chair of the Board of Directors, Directors or General Directors, and other individuals holding managerial titles with authority to conclude transactions on behalf of the company — or the head or deputy head of an agency or organization.
Supporting documents
The enterprise registration certificate, company charter, or appointment decision showing the managerial title. Unlike the expert group, no degree or minimum years of experience are required, but the title must genuinely exist in the company’s organizational structure.
Who it suits
General Directors, factory directors, finance directors, and functional heads of FDI enterprises assigned by foreign investors.
Group 3: Executive directors
Criteria
An executive director falls into one of two cases:
- The head of a branch, representative office, or business location of the enterprise; or
- A person who heads and directly manages a field of an agency, organization, or enterprise, with at least 3 years of experience in a field relevant to the intended job position in Vietnam.
Supporting documents
The appointment decision as head of the branch, representative office, or business location, or the decision assigning responsibility for a business field together with confirmation of at least 3 years of experience in that field.
Who it suits
Chief representatives of foreign companies’ representative offices in Vietnam, branch directors, and persons in charge of operating a business line (manufacturing, sales, engineering).
Group 4: Technical workers
Criteria
A technical worker falls into one of two cases:
- Trained for at least 1 year with at least 2 years of relevant experience suited to the intended job position in Vietnam; or
- Having at least 3 years of relevant work experience (no training certificate required).
Supporting documents
Vocational training certificates or diplomas (under the first route) and written experience confirmations from previous employers.
Who it suits
Machinery operation technicians, mechanics, electricians, and installation and maintenance technicians for production lines in FDI factories — a very common group when enterprises bring specialists for installation and technology transfer.
How to choose the right group for each case
The principle is to base the choice on the actual work the person will perform in Vietnam, not on the title at the parent company or the salary level. Frequently confused situations include:
- A person holding a master’s degree but coming to operate machinery: assessed as a technical worker, not an expert.
- “Manager” in the parent-company title but the actual work is technical and professional: assessed as an expert.
- The head of a representative office: falls under executive directors, with no 3-year experience proof required for heading a representative office.
When a file sits on the boundary between two groups, the employer should choose the group it can prove most solidly with the documents at hand, rather than the seemingly “higher” group lacking documentary support.
Validity and extension
Regardless of group, a newly issued work permit is valid for a maximum of 2 years (Article 21 of Decree 219/2025/ND-CP) and may be extended only once for a maximum of 2 years (Article 29). Extension dossiers must be filed at least 10 days but no more than 45 days before expiry, and the competent authority processes them within 10 working days (Article 28).
How the four groups affect the labor contract
The job position also shapes what the labor contract must contain. Under Vietnamese labor law, the contract must state the job title and work description, and these must be consistent with the work permit. For managers and executive directors, contracts often include broader authority clauses (representation powers, signing authority) mirroring the company charter. For experts and technical workers, contracts typically detail the professional duties, work location (factory, project site), and any assignment to multiple workplaces. A mismatch between the contract’s stated position and the permit’s registered group is a red flag during labor inspections, so HR should align the two documents before filing the permit application — not after.
Frequently asked questions
Can one person belong to two groups at the same time?
Each work permit is tied to one specific job position. If a worker meets the criteria of several groups, the employer selects the one most consistent with the actual work for the application.
What is easier about the expert group under Decree 219/2025?
The experience requirement dropped from 3 years to 2; for finance, science, technology, innovation, digital transformation, and priority sectors, only 1 year is needed. This is a significant improvement helping technology, semiconductor, and digital transformation enterprises recruit foreign experts more easily.
What if the worker fits none of the four groups?
They cannot be issued a work permit. The four positions in Article 3 are the mandatory classification framework for every work permit application. Cases not subject to permits (e.g., capital contribution of VND 3 billion or more, marriage to a Vietnamese citizen) follow the certification procedure for exemption under Article 7 of Decree 219/2025/ND-CP.
Do the four groups affect social insurance obligations?
The group classification does not change social insurance obligations. Any foreign worker employed under a labor contract by a Vietnamese entity with a work permit (or exemption certificate) and working in Vietnam is subject to compulsory social insurance under the 2024 Social Insurance Law, at a total rate of 30% of the SI contribution salary.
FLAT Law Firm advises on identifying the correct category, preparing position-proof dossiers, and handling end-to-end work permit procedures for FDI enterprises under Decree 219/2025/ND-CP. Contact us for a free initial dossier assessment.
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.
