After updating the driver in the 13th release. Regression was introduced.
12.2 RELEASE and 12-STABLE allow you to set the interface to PROMISC mode if VTNET_FLAG_CTRL_RX is not advertised by the hypervisor.
But, 13-RELEASE allow this only if VTNET_FLAG_CTRL_RX is advertised.
For example, bhyve(8) doesn't support VTNET_FLAG_CTRL_RX.
Technically, if the hypervisor doesn't support the VTNET_FLAG_CTRL_RX, then the interface is always in PROMISC mode.
I see no reason to prohibit switching the interface to PROMISC mode if VTNET_FLAG_CTRL_RX is not supported by the hypervisor.
PR: 254343 and PR: 255054