Who Is Considered a Foreign Employee Working in Vietnam?

Are you preparing to come to Vietnam for work, or is your business planning to hire a foreign specialist? Before thinking about paperwork, the most important step is to determine correctly whether you fall under the category of a foreign employee working in Vietnam.

If you identify the wrong category, your application may be returned, causing delays and affecting work plans for the whole family. So start with the foundational rule in Decree 219/2025/ND-CP.

📌 Who is a foreign employee working in Vietnam?

Under Article 2 of Decree 219/2025/ND-CP, a foreign employee is a foreign citizen who comes to work in Vietnam in regulated job positions, through one of the specific forms of work.

The key point is that this definition is not based on nationality alone. It also depends on the form of work and the intended job position in Vietnam.

You can read more in the overview of whether foreigners working in Vietnam need a work permit or an exemption certification to understand the next step after identifying the relevant category.

🧭 Forms of work listed in Article 2

Article 2 lists many different forms of work. Each form reflects a real-life situation, from signing a labour contract to an intra-company transfer.

These forms include:

• Performing a labour contract in Vietnam.
• Intra-company transfer.
• Performing economic or social contracts or agreements.
• Working as a service supplier under a contract.
• Offering services.
• Working as a volunteer.
• Being responsible for establishing a commercial presence.
• Being transferred from an agency, organisation or enterprise abroad to Vietnam to work, except in the case of an intra-company transfer.
• Participating in implementing bidding packages or projects in Vietnam.
• Family members of foreign representative agencies in Vietnam who are permitted to work under an international treaty to which Vietnam is a member.
• Chairperson or member of the Board of Management of a joint-stock company, owner or member of a limited liability company with a capital contribution value of less than VND 3 billion.
• Performing a labour contract with a foreign diplomatic mission or foreign organisation in Vietnam.

This list shows a very broad scope. It is not only people hired directly in Vietnam who are considered, but also people seconded to Vietnam, people participating in projects, or people responsible for establishing a commercial presence who may fall within the scope.

When checking your situation, ask: in what form am I coming to Vietnam, who am I working for, and what is the intended position?

🏢 Who is the employer?

Article 2 also clearly defines the employer of a foreign employee. This is the party that will carry out many of the procedures related to a work permit or an exemption certification.

The group of employers includes enterprises, agencies, organisations, contractors and foreign diplomatic missions in Vietnam. There are also individuals who are permitted to conduct business activities in accordance with the law.

Identifying the correct employer helps you know which unit will submit the application, who is responsible for preparing documents, and who is the contact party with the competent authority.

For families and individuals, this is also information to use when checking your contract, offer letter or secondment document. All information on the documents should be consistent with the actual work.

You can also refer to the checklist for reviewing an insurance contract before starting work in Vietnam to go through the related documents carefully and calmly.

🔍 Why distinguish these two concepts?

A foreign employee and an employer are two different roles, but they always go together in an application. One is the person who works directly, and the other is the organisation or individual who employs them.

If you confuse them, you may prepare documents for the wrong party. For example, a request document is usually submitted by the employer, while a passport, health certificate and documents proving the job position relate to the employee.

This distinction also helps businesses and families avoid incorrect expectations. Not every case follows the same type of paperwork, because it depends on the form of work and the specific circumstances.

That is why identifying the category under Article 2 is the foundational step. Only then should you look into the job position, the application documents and the procedures.

✅ Self-check list for the applicable category

Before preparing your application, you can review this short checklist. Take a few minutes to compare it with your contract, offer letter or secondment document.

• ☐ Confirm that the employee is a foreign citizen coming to work in Vietnam.
• ☐ Identify the form of work as one of the cases in Article 2 of Decree 219/2025/ND-CP.
• ☐ Clearly identify the employer as an enterprise, agency, organisation, contractor, foreign diplomatic mission or an individual permitted to conduct business activities.
• ☐ Check whether the intended job position is suitable under the regulations for managers, executive directors, experts or technical workers.
• ☐ Compare the employer’s name, work location and work term across the documents.
• ☐ Discuss with the employer or a consultancy agency to check the contract terms and procedures suitable for your case.

This checklist does not replace checking the legal documents. When something is unclear, you should check the contract terms or contact a qualified consultancy unit for specific guidance.

If you need support to learn more, you can contact us at 0347674755 or via the website paa.vn for further advice on the related preparation steps.