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VIETNAM:  New decree on Work Permits Issued

Vietnam’s new Decree 393/2026/ND-CP, issued on October 20, 2026, is scheduled to take effect on December 5, 2026, replacing Decree 219/2025/ND-CP from that date. The new decree represents a further step in Vietnam’s efforts to attract foreign expertise to support its economic and technological development. It introduces additional pathways for skilled professionals, simplifies certain administrative requirements, and strengthens employer accountability. For employers and foreign professionals, the changes may create new opportunities while also requiring careful attention to compliance obligations and the potential impact on ongoing and future work-permit applications.

Key Points

• Effective Date and Replacement of Existing Regulations: Decree 393/2026/ND-CP was issued on October 20, 2026, and is scheduled to take effect on December 5, 2026. From that date, it will replace the existing framework under Decree 219/2025/ND-CP.
• Expanded Opportunities for Foreign Talent: The new decree introduces additional pathways for skilled foreign professionals to work in Vietnam. These changes support the country’s broader objective of attracting the expertise needed to advance economic growth and technological development.
• Simplified Administrative Requirements: Certain administrative requirements are simplified under the new framework, potentially making some aspects of the work-permit process more straightforward. Employers and foreign professionals should nevertheless review the applicable requirements carefully to understand how the changes affect individual applications.
• Alignment With Strategic Industries: Vietnam is increasingly aligning its work-permit policies with its development priorities, including semiconductors, artificial intelligence, advanced manufacturing, digital transformation, and strategic technologies. The new decree forms part of this broader effort to attract specialized talent in sectors considered important to the country’s development.
• A Balance Between Access and Compliance: The overall direction of the new framework is toward facilitating access to foreign expertise while maintaining more structured compliance requirements. Employers should therefore consider both the opportunities created by the decree and their responsibilities when hiring foreign professionals.

What Employers Need to Know

• Review Applications Scheduled After December 5, 2026: Employers with work-permit applications expected to be submitted on or after December 5 should assess whether the new decree changes the applicable requirements or procedures. The potential implications will depend on the circumstances of each case and the provisions relevant to the application.
• Assess Ongoing and Upcoming Cases: Existing cases that are expected to proceed after the effective date, as well as new applications, may require a review under the new regulatory framework. Our team will be in touch to discuss the potential implications, if any, for current cases and upcoming submissions.
• Prepare for Updated Compliance Expectations: The decree strengthens employer accountability, making it important for employers to understand their obligations under the revised framework. Reviewing internal processes and confirming the applicable requirements can help employers prepare for the transition.
• Consider the Potential Benefits for Recruitment: Additional pathways for skilled professionals may provide employers with more options when recruiting foreign talent. Organizations seeking expertise in technology-intensive and other strategic sectors should examine whether the new provisions are relevant to their workforce needs.
• Monitor Implementation and Case-Specific Requirements: Although the decree introduces changes intended to facilitate the employment of foreign professionals, the practical effect on individual cases may vary. Employers should confirm the applicable rules and procedures before making decisions about applications scheduled around or after the implementation date.

Looking Ahead

• Transition to the New Regulatory Framework: December 5, 2026, will mark the scheduled transition from Decree 219/2025/ND-CP to Decree 393/2026/ND-CP. Employers and foreign professionals will need to consider the new framework when preparing applications that fall within its scope.
• Potential Changes to Application Procedures: The simplification of certain administrative requirements may affect how some work-permit applications are prepared and processed. The precise implications will depend on the relevant provisions and how they apply in practice.
• Continued Focus on Specialized Expertise: Vietnam’s emphasis on semiconductors, artificial intelligence, advanced manufacturing, digital transformation, and strategic technologies is likely to remain relevant to its approach to attracting foreign talent. The new decree reflects the role that work-permit policy can play in supporting these development priorities.
• Greater Attention to Employer Compliance: The strengthened emphasis on employer accountability highlights the importance of understanding and meeting applicable regulatory obligations. Employers may need to review their processes as they adapt to the new requirements.
• Case-by-Case Assessment During Implementation: The transition may raise questions about how the new rules affect applications already in progress or scheduled for submission after the effective date. Assessing each case individually will help clarify whether any adjustments are necessary and what steps should be taken before submission.

Vietnam’s Decree 393/2026/ND-CP introduces changes to the country’s work-permit framework that are intended to facilitate access to foreign expertise while strengthening employer accountability. Scheduled to take effect on December 5, 2026, the decree replaces Decree 219/2025/ND-CP and supports Vietnam’s broader efforts to attract skilled professionals in key economic and technological sectors. Employers and foreign professionals should review the revised framework, pay particular attention to applications expected to be submitted after the effective date, and assess any implications for ongoing cases. Our team will provide further guidance on the potential impact of the new decree on current and upcoming applications as relevant to individual circumstances.

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.