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Decree 219/2025/ND-CP includes new regulations on issuing work permits for foreign workers in Vietnam__Photo: VNA |
The Government on August 7 promulgated Decree 291/2015/ND-CP providing regulations on foreigners working in Vietnam, including several new provisions regarding the issuance of work permits for them.
Under the new regulations, the application dossier for a work permit includes a written document from the employer explaining the need to employ foreign workers and requesting the issuance of a work permit, using Form 03 in the Appendix issued together with this decree.
The new decree also stipulates that within 10 working days from the date of receiving the dossier, the competent authority shall consider and approve the demand and issue the work permit to the foreign worker. In cases where the demand is not approved or the work permit is not issued, a written response stating the reasons must be provided within three working days.
Regarding the authority to issue work permits, it regulates that the provincial-level People's Committee has the authority to issue, reissue, extend, and revoke them.
Under the previous regulations in Decree 70/2023/ND-CP, within five working days from the date of receiving the dossier, the former Ministry of Labor, Invalids and Social Affairs or the former provincial Department of Labor, Invalids and Social Affairs was responsible for issuing the work permit.
The new document adds some cases in which foreign workers are exempt from obtaining a work permit if they are confirmed by ministries, ministerial-level agencies, or provincial-level People's Committees to enter Vietnam to work in the fields of finance, science, technology, innovation, national digital transformation, and other priority sectors for socio-economic development.
Specifically, foreign workers who are exempt from obtaining a work permit include the following cases: Those belonging to one of the cases specified in Clauses 3, 4, 5, 6, 7, and 8 of Article 154 of the Labor Code; owners or capital contributors with a capital contribution of VND 3 billion (USD 114,400) or more in a limited company; chairpersons or members of the Board of Directors with a capital contribution of VND 3 billion or more in a joint stock company; foreigners entering Vietnam to provide consulting services in professional and technical fields or to perform other tasks serving research, development, appraisal, monitoring, evaluation, management, and implementation of programs or projects funded by official development assistance (ODA) in accordance with regulations or agreements in international treaties on ODA signed between Vietnamese competent authorities and foreign countries.
Foreign journalists engaged in press activities confirmed by the Ministry of Foreign Affairs; those sent by foreign competent agencies or organizations to Vietnam to teach, manage, or act as executive directors at educational institutions established at the request of foreign diplomatic missions, intergovernmental organizations in Vietnam, or institutions/organizations established under international treaties to which Vietnam is a signatory or participant; foreign students, learners, and trainees studying at schools or training institutions in Vietnam or abroad who have internship agreements or work invitation letters from employers in Vietnam; and trainees and interns on Vietnamese seagoing vessels are also entitled to the exemption.- (VNA/VLLF)