How Decree 219 Transforms Employing Foreign Workers in Vietnam in 7 Strategic Ways?

  

Three Things

If your business is employing foreign workers in Vietnam, there are three important points we could draw from Decree 219//2025/ND-CP (Decree 219) dated August 7th, 2025 on employing foreign workers in Vietnam:

1. One integrated procedure, clearer deadlines
2. More flexible for short term work and priority sectors
3. Higher expectations on who really counts as an expert

Why This New Decree, and Why Now

For years, investors and business groups have said the same thing about Vietnam’s work permit rule which are too many steps, too much paper, not friendly enough to high skill and fast moving industries. The previous regulations on foreign workers were written in an earlier stage of Vietnam’s development. They worked, but not any more.

Decree 219 employing foreign workers in Vietnam arrives in a new context. Vietnam is trying to move up the value chain, attract foreign experts in emerging industries like semiconductors, artificial intelligence and digital transformation, and at the same time cut red tape and modernise its administration.

This Decree 219 aims to support:

• visa and foreign labour reforms that aim to boost competitiveness and address skilled labour shortages
• wider administrative reforms and online public services that support a digital economy and more efficient state management

In that bigger picture, Decree 219 is one more building block in Vietnam’s long term strategy in digital transformation. For companies employing foreign workers in Vietnam, it is meant to make the system faster, more flexible and more predictable, especially for genuine experts and short term project work.

Employing Foreign Workers in Vietnam

What Changed at a Glance

One integrated procedure

The explanation of why you need foreign staff and the work permit application are now handled in a single dossier, instead of two separate procedures under the previous regulations.

In practice, this cuts duplication and makes it easier to coordinate timing when you are employing foreign workers in Vietnam.

Shorter and clearer timeline

Once the dossier is complete, the authority has ten working days to decide and must give reasons if it refuses.

That gives HR and line managers a much firmer basis for planning onboarding and project schedules.

Exemptions that match real business models

Exemption categories increase and now clearly cover some foreign workers in finance, science, technology, innovation, digital transformation and other priority sectors, when confirmed by the right authorities.

Managers, executives, experts and technicians working under ninety days per year in Vietnam can be exempt in defined situations, instead of following the old per-visit limit.

This gives consulting, commissioning and troubleshooting teams a framework that finally looks closer to how they actually operate.

Softer but sharper rules for experts and technicians

In many cases, required experience is reduced, especially in priority sectors, but Decree 219 employing foreign workers in Vietnam explains more clearly what documents and evidence authorities expect.

That combination opens the door for younger high-skill talent, while making it harder to rely on inflated job titles without substance.

More digital, less queuing

Decree 219 employing foreign workers in Vietnam is launched together with plans for integrated databases and online platforms for labour administration.

Over time, this should mean fewer trips to counters and more use of online tools for employers employing foreign workers in Vietnam.

Vietnam’s Bigger Shift

If we look into big picture, Vietnam is doing three things at the same time:

• competing harder for foreign direct investment and global supply chains, not only in traditional manufacturing but in higher-value activities
• pushing administrative reform, merging overlapping procedures and trying to create a more efficient state apparatus
• driving national digital transformation, including digital identity, online public services and integrated data systems

Decree 219 employing foreign workers in Vietnam is part of a wider reform path and sends three clear signals:

• Vietnam still controls foreign labour and expects serious compliance
• Vietnam welcomes the right kind of foreign talent, especially in priority sectors
• Vietnam wants procedures that support a modern, digital economy

For businesses employing foreign workers in Vietnam, this means the legal framework is gradually becoming more aligned with the way international companies actually operate.

Faster and Simpler

How does this change day to day work for HR and legal teams?

First, the approval of foreign labour needs and the work permit itself are now combined. Under the previous regulations, you had to prepare one set of documents to prove the need, wait, and only then submit a separate work permit file. Now you present a single, integrated story, i.e. who this person is, why the role must be foreign, and how they fit the legal category.

Second, there is one main decision window. Once the dossier is complete, the authority has ten working days to respond, and if it refuses, it must explain why. This is very different from the earlier practice where businesses often felt in the dark about timing and reasons for delays.

Third, the move toward online systems and integrated databases means less scattered paperwork. Plans for a national job exchange and unified work permit databases fit into the same logic i.e. connect immigration data, labour data and administrative records in a more coherent way.

If you improve front end preparation, the law now gives you a realistic chance of a smoother, quicker process for employing foreign workers in Vietnam. The main bottleneck becomes the quality of your own dossier, not just the speed of the authorities.

More Flexible

Short term projects are the most obvious winner. The new rule for managers, executives, experts and technicians working under ninety days per year in Vietnam creates a practical exemption route. Instead of constantly calculating per-visit limits, you can manage one annual day-counter per worker, within the legal conditions. This aligns much better with how consulting firms, engineering teams and regional specialists actually work.

Priority sectors are another area of flexibility. Decree 219 employing foreign workers in Vietnam explicitly refers to foreign workers invited or confirmed to work in finance, science and technology, innovation, digital transformation and similar areas. Together with new visa policies, this shows that Vietnam wants to become a hub for higher-value activities and advanced services, not only low cost manufacturing.

There is also more clarity for multi province work. Many companies employ one foreign expert who supports several factories or branches. Under Decree 219 employing foreign workers in Vietnam, this pattern is recognised, with one permit and a notification mechanism, instead of forcing you to duplicate effort.

If you design roles with these tools in mind, employing foreign workers in Vietnam can better reflect your actual operations, especially for project based work and cross province support.

More Disciplined

What is expected from employers in return?

The trade off for more flexibility is stronger discipline. The law is more generous to genuine experts but more precise about what evidence is required. Job titles alone are not enough. Authorities now have clearer criteria to check degrees, experience and job content against the legal definitions of manager, executive, expert or technician.

This means that creative use of titles to justify foreign hires is more likely to be challenged. For employers employing foreign workers in Vietnam, it pushes you to align HR reality with legal categories.  If someone is truly an expert, it should show in their education, their experience and their responsibilities.

Sanctions also become more focused. The system is designed to target serious misconduct and repeated non compliance, while supporting compliant businesses with clearer, faster procedures.

Decree 219 supports employers who can prove their case and organise their documents. It makes things easier for real experts and harder for weak or improvised arrangements.

Step by Step on What Employers Should Do Now

Step 1: Check your foreign workforce

List every foreign worker with entity, province, role, legal category, permit or exemption, expiry date and estimated days in Vietnam this year. This gives you a clear picture of how you are employing foreign workers in Vietnam right now.

Step 2: Re-check exemptions

For each person, consider whether they could now fall under an exemption, especially:

• genuine short term work under ninety days a year
• priority sectors with proper invitations or confirmations

Where there is a good fit, redesign the structure and documentation carefully. Do not rely on assumptions; keep written justification and internal approvals for every exemption.

Step 3: Update job design and evidence

Update job descriptions and reporting lines so they match the legal categories you use. Create standard evidence packs with degrees, experience letters and other documents for each type of role. This is your main shield if an application is questioned by the authorities.

Step 4: Build a simple internal approval flow

Before any offer to a foreign candidate:

• the business unit explains why a local hire is not suitable
• HR and legal decide between exemption and work permit
• the legal category and document list are agreed

This keeps your dossiers consistent and makes the ten day timeline achievable when employing foreign workers in Vietnam.

FAQ: Decree 219 and Employing Foreign Workers in Vietnam

Do old work permits stay valid?

Yes. Permits and exemption letters issued under previous regulations remain valid until they expire. When you renew, Decree 219 applies, so that is the moment to review and correct weak structures and documentation.

Is the ten day deadline guaranteed?

It applies once the dossier is complete and consistent. If information is missing or confusing, authorities will request additions or refuse. The law gives a better framework, but your internal preparation decides how close you get to that timeline.

Does every short visit avoid work permits now?

No. The ninety day rule applies only to certain types of foreign workers and still requires proper notifications and documentation. You need a reliable way to count days, or you risk crossing the threshold without noticing.

Is it easier to upgrade staff into experts?

It is easier to qualify real experts, including younger ones in key sectors. It is not easier to disguise non-experts as experts. Documentation and consistency matter more than before.

The Right Way Forward for Employers

For companies employing foreign workers in Vietnam, the direction is straightforward:

• align your headcount planning with Vietnam’s shift toward higher value and priority sectors
• design foreign roles that genuinely require international expertise and support that with clear evidence
• use the new exemptions and timelines only when your documents and internal systems can stand up to scrutiny
• modernise your internal procedures so they fit a more digital and integrated public administration

Decree 219 becomes a practical tool that supports your growth, strengthens compliance and helps you attract the foreign talent that Vietnam is actively trying to bring in.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/219-employing-foreign-workers-in-vietnam.html

5 Things Debt Recovery Law Firms in Vietnam Can Do for You And 3 They Simply Cannot

  When foreign companies face unpaid invoices in Vietnam, the first instinct is often to find a strong law firm and let them fix it. We have seen this scenario many times in practice.

In reality, even the best debt recovery law firms in Vietnam cannot make money appear where there are no assets, cannot ignore procedural rules, and cannot guarantee a result. What they can do is guide you through negotiation, conciliation, mediation, arbitration, litigation, and enforcement so that you use the Vietnamese legal system in a structured and realistic way.

In here, we explains, how debt recovery law firms fit into the overall picture of debt disputes in Vietnam, what support you can reasonably expect, and where the limits of the law, and of any lawyer really are.

5 Things Debt Recovery Law Firms in Vietnam Can Do for You And 3 They Simply Cannot

Debt Recovery Is a Process, Not a Magic Button

Foreign creditors often arrive with a silent assumption, that if they hire a law firm, the law firm will solve the problem. That assumption is understandable, but it is incomplete.

In Vietnam, recovering a debt is usually a process that may include:

• Direct negotiation and reminders
• Lawyer led demand letters
• Conciliation
• Commercial mediation
• Arbitration or court litigation
• Judgment enforcement and, if necessary, auctions

Debt recovery law firms in Vietnam are not debt trading companies nor debt buyers and not informal “collectors.” They are legal professionals who work within the law to:

• Clarify your legal position
• Represent you in the chosen dispute resolution mechanism
• Help you move from a disagreement to either a settlement or a legally recognised decision
• Assist in enforcing that decision against assets, if any exist

Understanding this role makes your expectations more realistic and your cooperation with the law firm more effective.

Five Things Debt Recovery Law Firms in Vietnam Can Do for You

Clarify your legal position and assess risks

The first task of a debt recovery team is to read documents and listen to your story through a legal lens:

• Is there a valid contract or other legal basis for payment?
• Is the debt still within the applicable limitation period?
• What evidence exists, and how strong is it?
• What dispute resolution mechanism did the parties agree?

This analysis does not recover a money by itself, but it defines what is realistically possible and prevents you from acting blindly.

Structure communication and negotiation

Before any lawsuit, debt recovery law firms in Vietnam usually help with:

• Drafting formal demand letters in Vietnamese (and English, if needed)
• Setting clear payment deadlines
• Recording the debtor’s responses or silence

They may then continue discussions with the debtor or the debtor’s lawyer, seeking:

• Lumpsum payment
• Payment plans
• Partial settlement combined with other concessions

The law firm’s role is to make negotiations clearer, more structured, and aligned with the legal situation. They cannot force the debtor to agree, but they can help you present a firm and credible position.

Represent you in conciliation, mediation, arbitration, or litigation

Conciliation under court supervision and commercial mediation are getting more common in Vietnam. In these settings, your lawyers:

• Explain the strengths and weaknesses of your case
• Help frame realistic settlement options
• Prepare you for possible proposals from the debtor

If settlement efforts do not work or are not appropriate, they can:

• Prepare and file a lawsuit with the competent court, or
• File a request for arbitration where the contract requires it

They then:

• Present arguments and evidence
• Respond to the other side’s submissions
• Participate in hearings and conciliation sessions
• Protect your procedural rights

They cannot decide the case because that is the function of judges or arbitrators. But they can ensure that your position is presented clearly and in line with Vietnamese legal requirements.

Support judgment enforcement and asset recovery

If you obtain a judgment or arbitral award, debt recovery law firms in Vietnam can:

• File for judgment enforcement with the authorities
• Coordinate with parties to help locate and identify assets in Vietnam
• Request measures such as freezing bank accounts, seizing movable property, or auctioning real estate

They cannot create assets where none exist, but they can use legal tools to pursue any assets that can be lawfully identified.

Help you improve future risk management

Working with a debt recovery team is not only about one dispute. It is also an opportunity to:

• Review contract templates and payment terms
• Adjust security requirements for future deals
• Improve internal processes for credit management and documentation

A good case review can help reduce the number and severity of similar problems in the future.

Ten Matters To Clarify in Debt Recovery

Winning a case is not the same as getting paid

Many foreign clients quietly assume that a court judgment equals cash. In practice, a judgment is a strong legal tool, but enforcement still depends on:

• Whether the debtor has assets
• Whether those assets can be located and seized
• How cooperative the debtor is

The legal system can support you, but it cannot turn an insolvent debtor into a solvent one.

Lawyers work inside the law, not outside it

Some creditors hope that debt recovery law firms in Vietnam can apply “pressure” in ways that ordinary staff cannot. In reality, lawyers are bound by:

• Professional ethics
• Prohibitions on harassment or illegal collection practices
• Clear procedural rules

This also protects you. It reduces the risk of reputational damage or legal problems that might arise from using unregulated collectors.

Documentation matters more than personal impressions

It often feels obvious to a creditor that the debtors owe them money. Courts and arbitral tribunals, however, work from documents.

Your legal team will rely on:

• Contracts, purchase orders, and terms and conditions
• Invoices and delivery notes
• Bank transfer records and account statements
• Emails or messages confirming orders, deliveries, and promises to pay

If documentation is weak or inconsistent, the law firm’s work becomes more difficult, no matter how clear the commercial reality feels.

Your choice of forum is usually locked in by contract

If your contract refers disputes to arbitration or to a specific Vietnamese court, your lawyers cannot simply choose a different forum because it feels more convenient. They can:

• Interpret the clause
• Advise whether multiple forums are available
• Explain the pros and cons

Most of the time, however, they must respect what was agreed when the contract was signed.

Time limits are real

Limitation periods apply. If too much time passes, the debtor may raise a limitation defence.

Debt recovery law firms in Vietnam can:

• Check whether your claim is still within time
• Explore whether any exceptions or suspensions may apply

They cannot, however, ignore limitation rules. Early consultation is not about being aggressive; it is about not losing rights silently.

Conciliation is not weakness

Some foreign parties feel that conciliation is a sign of softness. In the Vietnamese system, conciliation is a normal, often mandatory, phase.

Your lawyers help you:

• Participate in conciliation without undermining your case
• Agree to settlements only when terms are acceptable
• Document failures of conciliation for later use

Conciliation is a structured opportunity, not a compulsory surrender.

Enforcement authorities are independent actors

After judgment, enforcement is handled by state enforcement agencies. Your law firm:

• Guides you through the enforcement process
• Communicates with enforcement officers
• Requests specific measures

They cannot control the internal prioritisation of those agencies, but they can keep the process moving and help you understand what is happening.

No law firm can guarantee a specific outcome

Foreign creditors sometimes ask, directly or indirectly that if the debt recovery law firms to provide guarantee recovery.  The honest answer from reliable debt recovery law firms in Vietnam is no.

What they can offer is:

• A realistic assessment at each stage
• Professional handling of procedures
• Transparent reporting of risks and progress

A guarantee of outcome would be misleading. A guarantee of effort, process, and communication is realistic.

Cooperation from the client is critical

Even the best lawyers need your help. They will ask you to:

• Provide complete and accurate documents
• Clarify internal facts, who agreed what, when, and how
• Make timely decisions on settlement proposals
• Confirm internal authority to sign agreements

Slow or incomplete responses from the creditor side can delay or weaken the case.

Debt recovery is part of broader risk management

Working with debt recovery law firms in Vietnam is not just about one dispute. It is also a chance to:

• Review how you approve customers and credit limits
• Adjust contract terms and security requirements for future deals
• Improve internal processes for monitoring and reacting to late payments

The goal is not only to resolve the current problem, but to reduce the number and severity of future ones.

Step-by-Step: How to Work Constructively in Debt Recovery Process

Step 1: Internal review before calling the law firm

Before you contact debt recovery law firms in Vietnam, internally gather:

• All relevant contracts and annexes
• Invoices and delivery notes
• Payment records and account statements
• Communication with the debtor

At this stage, avoid editing or cleaning. Send a full picture so the lawyer can see both strengths and weaknesses.

Step 2: Initial consultation and scoping

In your first discussion, expect questions like:

• What is the total outstanding amount and currency?
• When did the debt arise and when was the last payment?
• What steps have you already taken to collect it?
• What do you know about the debtor’s current situation and assets?

This is not interrogation, it is the necessary basis to propose realistic paths forward.

Step 3: Strategy choice to negotiate, mediate, or file?

After the initial review, the law firm will normally suggest one or more of:

• Continued negotiation with legal backing
• Formal demand letters
• Mediation or conciliation
• Filing a lawsuit or arbitration

Your lawyers can explain the pros and cons of each route, but the decision will ultimately be yours.

Step 4: Implementation of the chosen route

Once a route is selected, the law firm:

• Prepares documents and filings
• Represents you in negotiations, mediation, hearings, or trial
• Keeps you updated on procedural developments

Your role is to:

• Provide additional information when requested
• React to settlement offers with clear instructions
• Confirm how far you are willing to go in terms of time and cost

Step 5: Post decision enforcement or closure

If you obtain a judgment or award, your legal team can:

• Initiate enforcement
• Coordinate with parties to help trace assets
• Request freezing and seizure where appropriate

If enforcement is not feasible or commercially sensible, they can also help you close the file with a clear understanding of what was tried and why it did not lead to recovery.

Risks and Limits You Should Accept From the Start

Even with experienced debt recovery law firms in Vietnam, certain limits remain:

• A debtor with no assets cannot be made solvent
• Weak or contradictory documentation cannot be turned into perfect evidence
• Time limits cannot be ignored
• Enforcement may be slower than you would like

Accepting these realities does not mean giving up. It means you treat legal tools as tools, not miracles, and you judge success by what is reasonably possible.

Three Things Debt Recovery Law Firms in Vietnam Simply Cannot Do

They cannot guarantee recovery or a specific outcome

No matter how experienced they are, debt recovery law firms in Vietnam cannot honestly guarantee:

• That you will win every case
• That you will recover 100% of the claimed amount
• That enforcement will always be successful

They work within:

• The facts and documents of your case
• The applicable law
• The decisions of judges, arbitrators, and enforcement authorities
• The debtor’s real financial situation

Lawyers can improve your chances and protect your rights. They cannot promise a result that depends on many factors outside their control.

They cannot ignore procedures, ethics, or the law

Sometimes creditors hope that their lawyers can apply pressure in ways internal staff cannot. But lawyers must comply with:

• Legal and professional ethics
• Rules on service of documents and evidence
• Prohibitions on harassment, threats, or illegal collection methods

This protects you as well:

• It reduces the risk of reputational damage
• It avoids your company being associated with illegal collection practices
• It ensures that any judgment or settlement will stand on solid legal ground

They can act firmly and strategically, but always within the law.

They cannot fix missing documents, expired claims, or non existent assets

Even the best debt recovery law firms in Vietnam cannot easily fix three structural problems:

• Weak or missing documentation
  • If there is no written contract, unclear invoices, or poor delivery records, proving the debt becomes harder.
• Claims brought too late
  • If limitation periods have expired and no exception applies, your rights may be lost, regardless of how clearly the debtor owes you.
• Debtors with no assets
  • If the debtor truly has no assets and no income, even a strong judgment may not lead to recovery.

Lawyers can sometimes mitigate these issues, but they cannot erase them. This is why early consultation and good record keeping are so important.

Frequently Asked Questions About Debt Recovery Process in Vietnam

Q1. Can a law firm guarantee that my debt will be recovered?

No. Reliable firms will not guarantee a recovery amount or percentage. They can:

• Evaluate the strength of your case
• Assess enforcement prospects
• Give you probability based expectations

A guarantee would not reflect how courts, arbitrators, and enforcement agencies actually work.

Q2. Do I always need to sue or arbitrate?

Not always. Sometimes, a well structured negotiation or a law firm demand letter is enough. Sometimes, mediation is more suitable. Debt recovery law firms in Vietnam can help you identify when litigation is necessary and when it is a last resort.

Q3. Can the law firm act as a “debt collector” and visit the debtor?

Vietnam prohibits unregulated debt collection services. Law firms may communicate, meet, or negotiate with the debtor, but they must follow legal and ethical rules. They cannot use harassment or threats, nor can they act like a collection agency in the informal sense.

Q4. How long will the process take?

Timelines depend on:

• The chosen route (negotiation, mediation, litigation, arbitration)
• The court or tribunal’s schedule
• The complexity of enforcement

Your lawyers can suggest ranges, but they cannot control every external factor.

Q5. Can I use one law firm for both dispute resolution and enforcement?

Often yes. Many debt recovery law firms in Vietnam handle both litigation, arbitration and enforcement. In some situations, different teams or specialists may be involved, but coordination usually remains under one firm.

Q6. Is it worth pursuing small debts?

This is a commercial decision. Your legal team can help you compare:

• The amount of the claim
• The estimated costs and time
• The enforcement prospects

Sometimes, pursuing a small claim is justified to send a message. Sometimes, writing it off is more rational.

Clear Roles Lead to Better Outcomes

When you see debt recovery law firms in Vietnam not as miracle workers but as legal guides and representatives working inside a defined system, you make better decisions:

• You prepare stronger documentation
• You ask better questions about risk and enforcement
• You treat debt recovery as one part of a broader credit and contract strategy

The law cannot fix every unpaid invoice. Used properly, however, it gives you structure, clarity, and a fair chance to turn a commercial dispute into either a settlement or a final, enforceable decision.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/debt/5-things-debt-recovery-law-firms-vietnam.html