PRESCRIBING DETAILED REGULATIONS ON THE RECRUITMENT AND MANAGEMENT OF VIETNAMESE WORKERS WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM

This Decree prescribes detailed regulations on the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam in accordance with Clause 3 of Article 150 of the Labor Code No. 45/2019/QH14.

1. Vietnamese workers working for foreign organizations and individuals in Vietnam.

2. Foreign organizations in Vietnam.

3. Foreign individuals in Vietnam.

4. Competent management agencies or organizations for Vietnamese workers working for foreign organizations and individuals as prescribed in Clauses 2 and 3 of Article 3 of this Decree.

5. Labor dispatch enterprises providing services for foreign organizations and individuals in Vietnam as prescribed in Clauses 2 and 3 of Article 3 of this Decree.

For the purpose of this Decree, the following terms shall be construed as follows:

1. Vietnamese workers working for foreign organizations and individuals in Vietnam are Vietnamese citizens working for foreign organizations and individuals as prescribed in Clauses 2 and 3 of this Article.

2. Foreign organizations in Vietnam are foreign agencies and organizations permitted by competent Vietnamese authorities to operate on Vietnamese territory, including:

a) Diplomatic missions; foreign consular posts; representative offices of international organizations within the United Nations system; intergovernmental international organizations; and regional and sub-regional organizations;

b) Representative offices of foreign government organizations;

c) Resident representative offices of foreign news agencies, press, radio or television organizations;

d) Foreign non-governmental organizations granted registration certificates by competent Vietnamese authorities in accordance with Vietnamese law.

3. Foreign individuals in Vietnam are foreigners working at the organizations prescribed in Clause 2 of this Article that employ Vietnamese workers.

1. Ensure compliance with Vietnamese labor laws and other relevant laws.

2. Protect the lawful rights and interests of Vietnamese workers working for foreign organizations and individuals in Vietnam as prescribed in Clauses 2 and 3 of Article 3 of this Decree.

3. Create favorable conditions for foreign organizations and individuals to operate effectively in Vietnam.

The competent management agencies or organizations for Vietnamese workers working for foreign organizations and individuals in Vietnam as prescribed in Clauses 2 and 3 of Article 3 of this Decree are agencies and organizations to which the Ministry of Foreign Affairs applies delegation, authorization, assignment, service ordering or competitive tendering to carry out the management of Vietnamese workers in accordance with the law.

1. When there is a need to recruit Vietnamese workers, foreign organizations and individuals must provide written notification in person, by postal service, online or through the official email address of the management agency or organization prescribed in Article 5 of this Decree, clearly stating the job positions and the number of workers required. Simultaneously, foreign organizations and individuals must publicly post recruitment information for Vietnamese workers on the National Employment Exchange (website: https://www.vieclam.gov.vn) or other lawful employment portals or the official website of the organization.

2. Foreign organizations and individuals shall directly recruit Vietnamese workers or request the management agency or organization prescribed in Article 5 of this Decree to provide support for the recruitment of Vietnamese workers.

3. Upon request from foreign organizations or individuals, the management agency or organization prescribed in Article 5 of this Decree shall select and refer candidates in accordance with the job description provided.

1. Within ten working days from the date of conclusion of the labor contract with a Vietnamese worker, the foreign organization or individual must provide written notification in person, by postal service, online or through the official email address of the management agency or organization prescribed in Article 5 of this Decree, clearly stating the full name, personal identification number, job position and date of commencement of work of the Vietnamese worker.

2. Within ten working days from the date of conclusion of the labor contract with foreign organizations or individuals, Vietnamese workers shall be responsible for submitting worker management dossiers as prescribed in Clauses 1 and 2 of Article 8 of this Decree in person, by postal service, online or through the official email address of the management agency or organization prescribed in Article 5 of this Decree.

3. Within ten working days from the date of receipt of the complete notification from the foreign organization or individual and the Vietnamese worker management dossiers, the management agency or organization prescribed in Article 5 of this Decree shall send a written notification in person or online to the foreign organization or individual that the Vietnamese worker has been accepted for management.

4. Within ten working days from the date of termination of the labor contract with Vietnamese workers, foreign organizations and individuals must provide written notification in person, by postal service, online or through the official email address of the management agency or organization prescribed in Article 5 of this Decree, stating the reason for termination.

5. Within three working days from the date of receipt of the notification of termination of the labor contract with Vietnamese workers from the foreign organization or individual, the management agency or organization prescribed in Article 5 of this Decree shall:

a) Send a written confirmation in person or online on the termination of management of Vietnamese workers working for foreign organizations and individuals;

b) Return the Vietnamese worker management dossiers to the Vietnamese worker in accordance with the law.

1. A personal information form of the Vietnamese worker using Form No. 01 of the Appendix enclosed with this Decree.

2. A copy of the labor contract concluded between the Vietnamese worker and the foreign organization or individual.

3. The certificate of completion of the State policy and law dissemination program for Vietnamese workers working for foreign organizations and individuals in Vietnam using Form No. 02 of the Appendix enclosed with this Decree.

1. Receive requests for recruitment support for Vietnamese workers from foreign organizations and individuals; receive job application documents of Vietnamese workers in accordance with the recruitment requirements of foreign organizations and individuals; select and refer Vietnamese workers to foreign organizations and individuals.

2. Receive worker management dossiers and carry out the management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

3. Organize the State policy and law dissemination program in person or online for Vietnamese workers working for foreign organizations and individuals in Vietnam in accordance with the law; issue certificates of completion of the State policy and law dissemination program and update the information in the Vietnamese worker management dossier.

4. Assist in protecting the lawful rights and interests of Vietnamese workers working for foreign organizations and individuals in Vietnam.

5. Provide advisory support to foreign organizations and individuals in Vietnam on the employment of Vietnamese workers.

6. Assist in confirming personnel information of Vietnamese workers during the period of working for foreign organizations and individuals in Vietnam on the basis of the worker management dossiers prescribed in Article 8 of this Decree.

7. Submit an annual report to the Ministry of Foreign Affairs before December 20 each year on the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam using Form No. 03 of the Appendix enclosed with this Decree.

8. Perform other duties in accordance with the law.

1. Comply with the provisions of this Decree, labor laws and other relevant legislative documents.

2. Duly perform the labor contract concluded with Vietnamese workers.

3. Enable Vietnamese workers to:

a) Complete the Vietnamese worker management dossier and comply with the requirements for worker management by the management agency or organization in accordance with Articles 7 and 8 of this Decree;

b) Participate in the State policy and law dissemination program organized by the management agency or organization prescribed in Article 5 of this Decree during their employment by foreign organizations and individuals.

4. Within seven working days from the date of commencement of use of the services of a labor dispatch enterprise, provide written notification in person, by postal service, online or through the official email address of the management agency or organization prescribed in Article 5 of this Decree on the use of labor dispatch services using Form No. 04 of the Appendix enclosed with this Decree.

5. Before December 15 each year, send the worker recruitment and employment status form using Form No. 05 of the Appendix enclosed with this Decree in person, by postal service, online or through the official email address of the management agency or organization prescribed in Article 5 of this Decree.

1. Be entitled to participate in political organizations and socio-political organizations in accordance with the law.

2. Be entitled to request the management agency or organization prescribed in Article 5 of this Decree to provide advice and assistance in protecting their lawful rights and interests during their employment by foreign organizations and individuals.

3. Be entitled to request the management agency or organization prescribed in Article 5 of this Decree to assist in confirming their personnel information on the basis of the worker management dossiers prescribed in Article 8 of this Decree.

4. Comply with Vietnamese labor laws, protection of national security, social order and safety and other relevant legal provisions.

5. Be responsible for completing the State policy and law dissemination program within six months from the date of conclusion of the labor contract with a foreign organization or individual in Vietnam.

6. Duly perform the labor contract concluded with the foreign organization or individual in Vietnam.

7. Comply with the provisions on worker management and Vietnamese worker management dossiers for Vietnamese workers working for foreign organizations and individuals in Vietnam as prescribed in Articles 7 and 8 of this Decree.

8. Update their worker management dossier and send it to the management agency or organization prescribed in Article 5 of this Decree in person, by postal service, online or through the official email address of the management agency or organization upon any changes to personal information or upon request from the management agency or organization.

1. Before December 15 each year, send a report on the status of labor dispatch for Vietnamese workers working for foreign organizations and individuals in Vietnam in person, by postal service, online or through the official email address of the management agency or organization prescribed in Article 5 of this Decree using Form No. 06 of the Appendix enclosed with this Decree.

2. Within ten working days from the date of dispatching Vietnamese workers to work for foreign organizations and individuals in Vietnam, send a list of Vietnamese workers dispatched to foreign organizations and individuals in Vietnam in person, by postal service, online or through the official email address of the management agency or organization prescribed in Article 5 of this Decree using Form No. 07 of the Appendix enclosed with this Decree.

1. This Decree comes into force as of November 15, 2026.

The recruitment and management of Vietnamese workers working for representative offices in Vietnam of foreign organizations operating in the fields of economics, trade, finance, banking, insurance, science and engineering, culture, education, health care and foreign legal consultancy shall be carried out in accordance with the Labor Code and other relevant provisions of law.

1. Responsibilities of the Ministry of Foreign Affairs

a) Assist the Government in performing the state management functions regarding the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam at both central and local levels;

b) Compile difficulties and problems arising in the course of implementation and report them, together with proposals and recommendations to competent authorities;

c) The Minister of Foreign Affairs shall prescribe in detail the content, duration and form of the State policy and law dissemination program for Vietnamese workers working for foreign organizations and individuals in Vietnam;

d) Inspect compliance with the provisions of this Decree.

2. Responsibilities of the Ministry of Home Affairs

a) Coordinate the reporting on Vietnamese workers working for foreign organizations and individuals in Vietnam upon request;

b) Provide guidance on the implementation of legal provisions on policies, employment, labor and wages and other matters related to Vietnamese workers working for foreign organizations and individuals in Vietnam.

3. Responsibilities of the Ministry of National Defense

Cooperate with the Ministry of Foreign Affairs and the management agencies or organizations prescribed in Article 5 of this Decree in implementing the provisions of law on maintaining security, social order and safety in border areas, border gates, islands, strategic zones, key areas and strategically important defense areas.

4. Responsibilities of the Ministry of Public Security

a) Cooperate with the Ministry of Foreign Affairs, the management agencies or organizations prescribed in Article 5 of this Decree, foreign organizations and individuals employing Vietnamese workers and labor dispatch enterprises for Vietnamese workers working for foreign organizations and individuals in Vietnam in implementing the provisions of law on maintaining security, social order and safety;

b) Cooperate in inspections and examinations of the implementation of provisions relating to the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam for the purpose of preventing labor relations from being used to commit acts that infringe upon national interests and security or conduct activities outside the licensed scope.

5. Responsibilities of the People's Committees of provinces and centrally-affiliated cities

Cooperate with the Ministry of Foreign Affairs and competent authorities in the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam in their respective localities.

6. Ministers, heads of ministerial agencies, Chairpersons of province-level People's Committees and relevant agencies, organizations and individuals shall implement this Decree.

 

                                                                                                                                                                                         (This translation is for reference only)