Is your foreign invested enterprise (FDI enterprise) planning to rotate foreign experts to Vietnam? As of August 2025, Decree No. 219/2025/ND-CP introduces new requirements regarding work permits (“WP”) applicable to foreign employees (“FEs”) assigned to Vietnam under intra-company
transfer (“ICT”) arrangements (also called “internal transfer between the companies”).
In this article, BLawyers Vietnam sets out 03 key issues that FDI enterprises should carefully consider when receiving FEs under an ICT arrangement.
1. Eligible positions for ICT assignment
An FE is deemed to be an ICT only if all of the following conditions are satisfied:
- The FE falls into one of the following categories: manager, executive, expert, or technical worker;
- The Vietnamese entity must constitute a lawful commercial presence of the foreign parent company assigning the foreign employees, including: a foreign-invested economic organization; a representative office or branch of a foreign trader in Vietnam; or an executive office of a foreign investor under a business cooperation contract;
- The FE must have been employed by the overseas parent company for at least 12 consecutive months prior to the date of assignment to Vietnam; and
- The position to be assumed in Vietnam is consistent with the role currently held by the FE within the corporate group.
Notably, Vietnamese law sets out specific criteria for determining whether an FE qualifies as an expert or a technical worker, including requirements relating to professional qualifications, work experience, and academic degrees or technical certificates. Accordingly, any misclassification of the job position or inconsistency between the job description and the FE’s actual qualifications may result in serious legal consequences for the enterprise.
2. WP requirements and exemptions for ICTs
Pursuant to Vietnam’s WTO accession Commitments in 2005, FEs who are ICTs working in 11 designated service sectors are exempt from the requirement to obtain a WP, provided that they fully satisfy the ICT conditions outlined in Section 1 above. These service sectors include: business; information and related technologies; distribution; education; environment; finance; health and social services; tourism; entertainment, culture, and sports; and transportation.
Where an FE qualifies as an ICT but does not fall within the above service sectors, the enterprise is still required to apply for a WP in accordance with applicable regulations.
3. Procedures for approval and issuance of WP for FEs
3.1 Documents evidencing ICT eligibility
For FEs qualifying as ICTs, the enterprise must submit supporting documentation evidencing such status, including:
- Documents evidencing that the FE qualifies as a manager, executive, expert, or technical worker;
- A written assignment letter issued by the overseas employer confirming the secondment of the FE to work for a fixed term at its commercial presence in Vietnam; and
- Documents confirming that the FE has been employed by the overseas employer for at least 12 consecutive months prior to the date of entry into Vietnam for work purposes.
Please note that all foreign-issued documents must be legalized, unless exempted under an applicable international treaty to which Vietnam and the relevant foreign country are parties, under the principle of reciprocity, or as otherwise permitted by law. Such documents must also be translated into Vietnamese and duly notarized or certified in accordance with Vietnamese law.
3.2 Procedural steps
To apply for either a WP or a confirmation of WP exemption for an ICT, an FDI enterprise is generally required to complete the following steps:
- Submit an explanation of the demand for foreign labor; and
- File an application dossier for a WP or for confirmation of WP exemption, together with all required supporting documents.
Where an FE is transferred for a period of less than 03 months to address technical incidents or complex technological issues that cannot be handled by Vietnamese experts or foreign experts currently present in Vietnam, or where the total working duration is less than 90 days within one calendar year, the enterprise is only required to notify the competent authority at least 03 working days prior to the commencement date, without applying for a confirmation of WP exemption.
Where an FE falls within the above mentioned 11 service sectors and satisfies the conditions set out in Section 1, the enterprise must submit an application for a confirmation of WP exemption no earlier than 60 days and no later than 10 days prior to the expected commencement date.
Conversely, where the FE is an ICT who does not fall within the 11 service sectors or does not satisfy the conditions in Section 1, the enterprise must apply for a WP within the same statutory timeframe from 60 days to at least 10 days prior to the expected start date.
The above outlines the key considerations relating to eligible ICT positions and applicable procedural requirements, ensuring that enterprises remain compliant and FEs are lawfully employed in Vietnam.
Legal support from BLawyers Vietnam
BLawyers Vietnam can assist enterprises with the following:
- Advising on legal requirements and eligibility criteria for WP applications or WP exemption cases for FEs;
- Providing advisory services and procedural support for WP or WP exemption applications for FEs;
- Assisting with reissuance, notifications of changes to WP, and other related regulatory requirements; and
- Advising on corporate employment and labor law matters.
The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, please contact us at info@blawyersvn.com. BLawyers Vietnam would love to hear from you.
Date: 13 January 2026
Writer: Ha Le
