Decree 219/2025/NĐ-CP · Foreign workers; scheduled replacement December 5, 2026
What this means for you
- A visa, academic appointment or partnership agreement does not by itself establish permission to work in Vietnam.
- Check the person's duties, location, employer and evidence for the applicable permit, exemption or notification route; visiting faculty are not all automatically exempt.
- Read the general decree with the special education mechanism in Resolution 248. Plan separately for the December 5, 2026 change and saved permits or files.
Questions about how this applies to your institution? Talk it through with a USVN senior advisor.
The detail
1. The rule and its status
Foreign personnel working in Vietnam need the applicable work-permit or exemption route, with the prescribed evidence and procedure. In force: issued/effective August 7, 2025; scheduled to be replaced by 393/2026 on December 5, 2026, subject to saved permits/files. Official219, Articles 7–9 and 35; 393 Articles 35–36.
2. Who it affects and what it means for a US school
Read this general decree with National Assembly Resolution 248/2025, Article 2(1)(c). The resolution supplies a special institutional mechanism for specified foreign experts/scientists, including confirmation of work-permit-exempt status for teaching/research for no more than three years. Exact eligibility and implementation remain checks. Do not treat the general MOET-confirmation category below as the only possible route for all HEI personnel.
It matters when US faculty, managers, researchers or other personnel work physically in Vietnam. A visa, academic appointment, foreign degree or program MOU does not by itself settle employment authorization. Article 7(14) covers persons confirmed by MOET for teaching, research or transfer of international education programs, and specified diplomatic/intergovernmental institution leadership. This is not an automatic exemption for every visiting professor.
The distinction between exemption eligibility, an exemption certificate and a notification-only case matters. Article 9(4) lists specified notification-only categories; do not assume every education case is on that list.
3. What to do, by partnership model
- Recruitment: classify the actual Vietnam-based work, employer and duration rather than calling every visit marketing or academic exchange.
- 2+2/3+1: map who teaches or manages the Vietnam component and which institution handles each person's authorization.
- Dual degree/joint program: keep academic staffing evidence separate from work authorization. Circular 07's foreign-institution faculty workload share is not a labor-law exemption.
- Online/blended: distinguish faculty working outside Vietnam from those traveling to teach, assess or manage in Vietnam; check the actual location and duties.
- Branch campus: build work authorization into the staffing plan before relying on foreign personnel to meet educational operating conditions.
For an exemption-certificate application, Article 9 provides submission within 60 days and no fewer than 10 days before planned work, and a five-working-day issue period after a complete file, with the specified refusal procedure. Some categories instead require advance notification. Treat these as scoped statutory rules, not a promise of end-to-end travel readiness. Immigration, tax and employment arrangements need separate review.
4. Change history
Article 35 ends the foreign-worker content of 152/2020 as amended by 70/2023 and specified128/2025 provisions. Article 34 has saved cases. The signed393/2026 will replace219 on December 5; its Article 35 preserves qualifying existing permits/certificates through expiry and specified previously filed applications under 219. Resolution 24/2026 also has relevant labor-procedure provisions and must be reconciled before a live filing.
5. Sources and verification
Official Vietnamese219 PDF · Government record
Last verified: 2026-10-22. English explanation; the official Vietnamese text controls.
6. Related pages
Joint programs · Branch campus · Program standards · University Atlas · Why partnerships stall.
7. Briefing and legal note
Not legal advice. Prepare a briefing with a USVN senior advisor using the actual duties, employer, travel dates, location and proposed exemption basis before assigning faculty to Vietnam.
For general information only, not legal advice. Confirm requirements with qualified counsel and the relevant Vietnamese authorities before acting.