New Work Permit Rules for Foreign Workers in Vietnam 2026: Streamlined Procedures, Broader Exemptions, New Notification Fines
Vietnam work permit new regulations 2026 centre on three instruments: Decree 219/2025/ND-CP, which merges procedures and broadens work permit exemptions; Decision 346/QD-BNV (2026), which standardises filing practice; and Decree 283/2026/ND-CP, which keeps headline fines unchanged but adds penalties for the new notification duties from 10 September 2026 and widens expulsion. FDI enterprises employing or planning to hire foreign nationals should update their compliance processes now.
Contents
- Overview of the instruments
- Key changes
- Practical impact on businesses
- Action items and deadlines
- Open points to monitor
- Frequently asked questions
1. Overview of the instruments
Three instruments shape the new work permit framework for foreign workers applicable in 2026:
Decree No. 219/2025/ND-CP dated 7 August 2025 on foreign workers in Vietnam — the centrepiece. The Decree took effect on 7 August 2025. Under Article 35, the provisions on foreign workers in Vietnam under Decree No. 152/2020/ND-CP dated 30 December 2020 (as amended by Decree No. 70/2023/ND-CP dated 18 September 2023) ceased to be effective from that date. It is a comprehensive replacement of the work permit regime in place since 2021.
Decision No. 346/QD-BNV dated 24 March 2026 of the Ministry of Home Affairs, publishing amended and supplemented administrative procedures relating to foreign workers in Vietnam, and repealing Decision No. 886/QD-BNV dated 11 August 2025. The Decision details dossier components and step-by-step procedures in line with the merged-procedure spirit of Decree 219, and is the practical basis for filings in 2026.
Decree No. 283/2026/ND-CP dated 15 July 2026 on administrative penalties in labour, social insurance and Vietnamese workers working abroad under contract — effective 10 September 2026, replacing Decree No. 12/2022/ND-CP. This is the enforcement companion: Article 13 sets out detailed penalties for work permit violations.
The Labour Code 2019 (dated 20 November 2019) remains the overarching framework: Article 154 lists cases where foreign workers are not subject to work permit requirements, and Article 157 governs the conditions and procedures for issuance, re-issuance, renewal and revocation of work permits.
2. Key changes
2.1. Two procedures merged into one: no more standalone demand justification report
This is the most significant procedural reform. Previously, employers had to complete two separate steps: (i) file a report justifying the demand for foreign workers and await approval; (ii) only then submit the work permit application. The two-stage process lengthened preparation time and created the risk of dossiers stalling at each stage.
Decree 219/2025/ND-CP integrates the demand justification report into the application dossier for issuance, re-issuance and renewal of work permits. The justification is presented directly in the application form (Form No. 03 issued with the Decree). Employers complete a single procedure. Decision 346/QD-BNV has removed the standalone demand-report step from the procedural sequence altogether.
Direct impact: materially shorter administrative time and cost; fewer points at which a dossier can stall; better planning for bringing foreign experts into Vietnam.
2.2. Processing time: 10 working days for a single procedure
Under Clause 3, Article 22 of Decree 219/2025/ND-CP, within 10 working days of receiving a complete work permit application dossier, the competent authority considers the demand and issues the work permit using Form No. 04. Where the demand is not approved or the permit is not issued, the authority must respond in writing, stating its reasons, within 3 working days of receiving the complete dossier.
The scale of the reform is clear from the comparison:
| Item | Before 7 August 2025 (Decree 152/2020, as amended by Decree 70/2023) | From 7 August 2025 (Decree 219/2025) |
|---|---|---|
| Number of procedures | Two separate procedures (demand report, then permit application) | One single procedure |
| Timeline per step | Demand report first, then 5 working days for issuance (Clause 2, Article 15 of Decree 152) | 10 working days for the entire merged procedure |
| Refusal | No specific written-response deadline in all cases | Written response with reasons within 3 working days |
On filing mechanics under Decision 346/QD-BNV: within 60 days but no less than 10 days before the foreign worker's expected start date, the employer files the application online via the National Public Service Portal, or in person, by public postal service, through a service provider, or by authorisation, at the Public Administrative Service Centre of the locality where the foreign worker is expected to work (or where the employer is headquartered, if the worker serves one employer in multiple provinces or centrally-governed cities).
2.3. Narrowed obligation to advertise for Vietnamese candidates
A notable liberalisation: Decree 219 removes the requirement to post job advertisements seeking Vietnamese candidates for the positions intended for foreign hires in most working forms. The obligation now survives in only three cases:
- Foreign workers performing labour contracts;
- Foreign workers participating in bids or projects implemented in Vietnam;
- Foreign workers performing labour contracts with foreign diplomatic agencies or foreign organisations in Vietnam.
The advertising lead time is also shortened: publication at least 5 days before the filing date (previously 15 days), and employers may choose their own appropriate advertising channel rather than being required to post on the competent authority's employment portal.
Who is affected: most FDI enterprises hiring experts and managers under intra-corporate transferee, service contract or service-offering arrangements will no longer need this step — saving time and simplifying dossiers.
2.4. Broader work permit exemptions — but mind the notification duty
Decree 219 materially expands the work permit exemption cases in Article 7, with two new groups of particular importance to FDI enterprises:
Group 1 — short-term work under 90 days (Point a, Clause 13, Article 7): foreign managers, executive directors, experts and technical workers entering Vietnam to work for a total of under 90 days in one calendar year (1 January to 31 December) are exempt from work permit requirements.
Group 2 — priority sectors (Clause 15, Article 7): foreign workers confirmed by ministries, ministerial-level agencies or provincial People's Committees as entering Vietnam to work in finance, science, technology, innovation, national digital transformation or other prioritised socio-economic development sectors are exempt from work permit requirements.
Exemption, however, does not mean "nothing to do". Two distinct regimes apply:
- Notification only, no confirmation certificate required (Clause 4, Article 9): for cases under Clauses 4, 5, 6 and 8 of Article 154 of the Labour Code and Clauses 2, 3, 5, 8, 10 and Point a of Clause 13 of Article 7 of Decree 219 (including the under-90-day group). The employer must notify the competent authority of the locality where the worker is expected to work at least 3 working days before the worker's expected start date. The notice must state: full name, date of birth, nationality, passport number, name of the foreign employer, workplace and working period.
- Confirmation certificate still required: the remaining exemption cases (including the priority-sector group under Clause 15, Article 7) must still apply for a certificate confirming non-eligibility for work permit issuance.
New features of the confirmation certificate: where personal information changes, the worker updates the information rather than applying anew; the certificate may be renewed once for a maximum of 2 years.
Risk to note: failure to make the required notification in cases exempted from the confirmation procedure carries a fine of VND 1,000,000 to VND 3,000,000 under Article 13 of Decree 283/2026/ND-CP (the individual level; organisations are fined twice that amount — VND 2,000,000 to VND 6,000,000 — under Clause 1, Article 7 of the Decree).
2.5. Relaxed conditions for experts and technical workers
Decree 219 relaxes qualification and experience thresholds:
- Experts: only 2 years of relevant work experience is required (previously 3 years).
- Experts in priority sectors: only a relevant bachelor's degree plus at least 1 year of professional experience — a favourable threshold for attracting high-quality talent in strategic industries such as semiconductors, AI and digital transformation.
- Technical workers: at least 1 year of training plus at least 2 years of relevant experience, or at least 3 years of relevant work experience.
The Decree also adds a new form of assignment of foreign workers to Vietnam that does not require the 12 months of continuous prior employment at the parent company applicable to intra-corporate transferees (ICT) — giving multinational groups more flexible personnel deployment options.
2.6. One work permit, multiple provinces
Under Clause 5, Article 22 of Decree 219/2025/ND-CP, a foreign worker issued a work permit in one province may work for the same employer in multiple provinces or centrally-governed cities without updating the workplace details on the permit, as previously required. The employer need only fulfil the notification duty (failure to notify, late or incomplete notification carries a VND 1–3 million fine under Article 13 of Decree 283/2026/ND-CP — VND 2–6 million for organisations, which are fined double).
This is of major practical significance for enterprises operating across localities (manufacturing, construction, logistics, energy projects), ending the practice of applying for permit adjustments each time an expert moves workplace.
2.7. Authority devolved to provincial People's Committees; one-stop digital delivery
Under Clause 1, Article 4 of Decree 219/2025/ND-CP, provincial People's Committees hold the authority to issue, re-issue, renew and revoke work permits and exemption confirmation certificates. Dossiers are received and processed under the one-stop and interlinked one-stop mechanism, centred on online filing via the National Public Service Portal and in-person receipt at local Public Administrative Service Centres.
Dossier components have also been adjusted: health certificates must have been issued within 12 months before the filing date; health certificates issued abroad are accepted only where Vietnam and the issuing country or territory have a treaty or mutual recognition agreement on the matter. Employers should check with the receiving authority on practical application (see section 5).
2.8. Penalties from 10 September 2026: unchanged headline fines, new notification penalties and wider expulsion
Decree 283/2026/ND-CP (effective 10 September 2026, replacing Decree 12/2022/ND-CP) sets out administrative penalties for work permit violations in Article 13. Important: the Article 13 fines are individual-level amounts; under Clause 1, Article 7 of Decree 283/2026/ND-CP, organisations are fined twice the individual amount. The table below shows both the statutory individual fines and the doubled amounts applicable to employers.
For foreign workers — a fine (at the individual level) of VND 15,000,000 to VND 25,000,000 for working without a work permit or exemption confirmation certificate, or for using an expired permit or certificate. Notably, violators may additionally be expelled from Vietnam, and must surrender any issued permit or certificate as a remedial measure.
For employers:
| Violation | Fine (individual) | Fine for the employer (organisation, doubled) |
|---|---|---|
| Employing foreign workers without a work permit/confirmation certificate, or with expired documents: 1–10 workers | VND 30–45 million | VND 60–90 million |
| Same violation: 11–20 workers | VND 45–60 million | VND 90–120 million |
| Same violation: 21 or more workers | VND 60–75 million | VND 120–150 million |
| Employing foreign workers inconsistently with the permit/certificate; failing to recover or return permits/certificates on time | VND 5–10 million per worker, capped at VND 75 million | VND 10–20 million per worker, capped at VND 150 million |
| Altering or falsifying dossier documents (below criminal threshold); using forged documents in the dossier | VND 40–60 million | VND 80–120 million |
| Failure to notify, late or incomplete notification in exemption or multi-province cases | VND 1–3 million | VND 2–6 million |
Compared with Decree 12/2022/ND-CP, the headline fines of Decree 283/2026/ND-CP are unchanged — including the headcount bands (1–10 / 11–20 / 21 or more workers) already present in Clause 4, Article 32 of the old decree. The real additions are: (i) VND 1–3 million fines for the new notification duties under Decree 219; (ii) wider expulsion to forged-dossier cases (Clause 4, Article 13); and (iii) the remedial surrender of issued permits or certificates — employers should update their compliance risk matrices accordingly.
3. Practical impact on businesses
Enterprises currently employing foreign workers: work permits and confirmation certificates issued before 7 August 2025 remain valid until expiry under the transitional provision (Clause 3, Article 34 of Decree 219/2025/ND-CP). At renewal or re-issuance, however, the new forms and procedures apply (Form No. 03, filing via Public Administrative Service Centres / the National Public Service Portal). Employers should review all permits expiring in the next 6–12 months and prepare under the new process to avoid disruption.
Enterprises planning new hires or expert assignments: the lead time from filing to issuance is genuinely shorter (one 10-working-day procedure instead of two separate steps), but filings must fall within the 60-day window and no less than 10 days before the expected start date (Decision 346/QD-BNV). Staffing plans should be back-scheduled accordingly, particularly for large assignment waves.
Investors and multinational groups: the expanded exemptions (under 90 days per year; finance, science, technology, innovation and digital transformation sectors) combined with relaxed expert conditions create significant room to bring senior personnel and technical experts into Vietnam faster and at lower cost. Conversely, penalties from 10 September 2026 extend to the new notification duties and to expulsion — a "deploy first, regularise later" approach is riskier than ever, particularly given possible expulsion of the worker and doubled fines for employers.
Compliance costs: lower administrative costs at the filing stage (single filing, online submission, no job advertising in most cases), but higher internal governance demands: tracking permit validity, fulfilling the 3-day notification duty, and maintaining evidence of expert/technical worker qualifications under the new standards.
4. Action items and deadlines
FDI enterprises should implement the following, in priority order:
- Review all existing work permits and confirmation certificates — compile a register with expiry dates and the working form stated on each document. Prioritise permits expiring within 6 months for renewal or re-issuance under the new forms and procedures of Decree 219. (Immediately)
- Update internal foreign-hiring procedures — remove the standalone demand-report step; switch to Form No. 03 (with integrated demand justification); build the filing window into planning: no earlier than 60 days and no later than 10 days before the expected start date. (Immediately)
- Review cases currently relying on exemptions — particularly short-term experts under 90 days per year: verify actual working days in the calendar year (1 January to 31 December) and establish a process to notify the competent authority at least 3 working days in advance, avoiding the VND 1–3 million fine (VND 2–6 million for employers as organisations). (Immediately)
- Standardise qualification evidence for experts and technical workers to the new thresholds (2 years' experience; degree plus 1 year's experience for priority sectors); check health certificate validity (12 months before filing) and the acceptability of foreign-issued certificates. (Before new filings)
- Update internal rules on multi-location assignments — leverage the one-permit-multiple-provinces mechanism (Clause 5, Article 22), while establishing the notification process when experts work in a province other than the issuing one. (This quarter)
- Reassess the penalty risk matrix under Decree 283/2026/ND-CP — incorporate the new fine levels (effective 10 September 2026) into compliance policies and train HR and legal teams. (Before 10 September 2026)
- Monitor the draft amendments to Decree 219/2025/ND-CP — the Ministry of Home Affairs is preparing a draft further to Official Dispatch 4084/VPCP-KGVX dated 7 May 2026, expected to allow re-issuance (rather than new issuance) of work permits upon change of workplace; update internal procedures once the amending decree is issued. (Ongoing)
5. Open points to monitor
For points lacking detailed implementing guidance, businesses should adopt the cautious approaches below and monitor developments rather than take firm positions:
- Draft amendments to Decree 219/2025/ND-CP: the Ministry of Home Affairs is preparing a draft further to the Deputy Prime Minister's direction in Official Dispatch 4084/VPCP-KGVX dated 7 May 2026, expected to revise the re-issuance cases for work permits upon change of workplace (instead of the current new-issuance procedure under Article 18). This remains a draft; the final text may differ. Recommendation: continue to comply with the current rules (new issuance on workplace change) while tracking the draft for prompt adjustment upon issuance.
- Criteria for "prioritised socio-economic development sectors" (Clause 15, Article 7): no detailed guidance yet exists on the sector list, qualification criteria or the confirmation process of ministries, ministerial-level agencies and provincial People's Committees. Recommendation: enterprises should engage the relevant competent authority early to clarify eligibility rather than assuming they qualify.
- Foreign-issued health certificates: only accepted where a mutual recognition treaty or agreement exists; practical application may vary by locality. Recommendation: prioritise health checks at qualified medical facilities in Vietnam, or confirm with the receiving authority before relying on a foreign-issued certificate.
- Interlinked issuance of work permits with judicial record cards: noted by some law firms as a new feature of Decree 219, but operational details on the National Public Service Portal remain to be clarified. Recommendation: prepare judicial record cards under current procedures until official operational guidance is available.
Enterprises with specific cases should seek legal advice before applying these points.
6. Frequently asked questions
1. When did Decree 219/2025/ND-CP take effect and what did it replace? Decree 219/2025/ND-CP took effect on 7 August 2025, replacing the provisions on foreign workers in Vietnam under Decree 152/2020/ND-CP (as amended by Decree 70/2023/ND-CP).
2. Is a separate demand justification report still required before applying for a work permit? No. Decree 219/2025/ND-CP merged the report justifying the demand for foreign workers into the work permit application dossier as a single procedure, resolved within 10 working days.
3. Does a foreigner working in Vietnam for under 90 days need a work permit? Foreign managers, executive directors, experts and technical workers entering Vietnam to work for a total of under 90 days in one calendar year (1 January to 31 December) are exempt under Point a, Clause 13, Article 7 of Decree 219/2025/ND-CP, but the employer must notify the competent authority at least 3 working days in advance.
4. Do work permits issued before 7 August 2025 remain valid? Yes. Under the transitional provision (Clause 3, Article 34 of Decree 219/2025/ND-CP), work permits and confirmation certificates issued before 7 August 2025 remain valid until expiry, and may then be re-issued or renewed under the new working-form classifications of Decree 219.
5. From 10 September 2026, what are the fines for employing foreign workers without work permits? Under Article 13 of Decree 283/2026/ND-CP (effective 10 September 2026), employers face VND 30–45 million (1–10 workers), VND 45–60 million (11–20 workers) or VND 60–75 million (21 or more workers); the foreign worker faces VND 15–25 million and possible expulsion. These are the individual-level fines; under Clause 1, Article 7 of Decree 283/2026/ND-CP, organisations (employers) are fined twice the individual amount: VND 60–90 million (1–10 workers), VND 90–120 million (11–20 workers) or VND 120–150 million (21 or more workers).
Need a compliance review for your business?
If your enterprise employs or plans to hire foreign workers, FLAT LAW FIRM can conduct a comprehensive review of your work permit status, assess risks under Decree 219/2025/ND-CP and Decree 283/2026/ND-CP, and build a tailored compliance process. Contact our hotline at 0988424851 for advice.
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References
- Decree No. 219/2025/ND-CP dated 7 August 2025 on foreign workers in Vietnam (effective 7 August 2025).
- Decision No. 346/QD-BNV dated 24 March 2026 of the Ministry of Home Affairs publishing amended administrative procedures relating to foreign workers in Vietnam (repealing Decision No. 886/QD-BNV dated 11 August 2025).
- Decree No. 283/2026/ND-CP dated 15 July 2026 on administrative penalties in labour, social insurance and Vietnamese workers working abroad under contract (effective 10 September 2026; replacing Decree No. 12/2022/ND-CP).
- Labour Code dated 20 November 2019 (Articles 154, 157).
- Draft decree amending Decree No. 219/2025/ND-CP (being prepared by the Ministry of Home Affairs further to Official Dispatch No. 4084/VPCP-KGVX dated 7 May 2026) — draft, not yet in force.
