New rules for recruitment/management of Vietnamese employees working for foreign organizations

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Organization of Local Government No. 72/2025/QH15;

Pursuant to the Labor Code No. 45/2019/QH14;

At the proposal of the Minister of Foreign Affairs;

The Government hereby promulgates the Decree detailing the recruitment and management of Vietnamese employees working for foreign organizations and individuals in Viet Nam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for the recruitment and management of Vietnamese employees working for foreign organizations and individuals in Viet Nam pursuant to Clause 3, Article 150 of the Labor Code No. 45/2019/QH14.

Article 2. Subjects of application

1. Vietnamese employees working for foreign organizations and individuals in Viet Nam.

2. Foreign organizations in Viet Nam.

3. Foreign individuals in Viet Nam.

4. Competent authorities and organizations managing Vietnamese employees working for foreign organizations and individuals specified in Clauses 2 and 3, Article 3 of this Decree.

5. Labor subleasing enterprises dispatching workers to foreign organizations and individuals in Viet Nam specified in Clauses 2 and 3, Article 3 of this Decree.

Article 3. Interpretation of terms

In this Decree, the following terms shall be construed as follows:

1. Vietnamese employees working for foreign organizations and individuals in Viet Nam are Vietnamese citizens working for foreign organizations and individuals specified in Clauses 2 and 3 of this Article.

2. Foreign organizations in Viet Nam mean foreign agencies and organizations licensed by competent Vietnamese authorities to operate within the territory of Viet Nam, including:

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

b) Representative offices of organizations belonging to foreign governments;

c) Permanent offices of foreign press, news agencies, broadcasting, and television organizations;

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

3. Foreign individuals in Viet Nam are foreigners working in the organizations specified in Clause 2 of this Article who engage in activities employing Vietnamese employees.

Article 4. General principles

1. Ensure compliance with labor regulations and other relevant laws of Viet Nam.

2. Protect the legitimate rights and interests of Vietnamese employees working for foreign organizations and individuals in Viet Nam specified in Clauses 2 and 3, Article 3 of this Decree.

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

Article 5. Authority to manage Vietnamese employees working for foreign organizations and individuals in Viet Nam

Authorities and organizations competent to manage Vietnamese employees working for foreign organizations and individuals in Viet Nam specified in Clauses 2 and 3, Article 3 of this Decree mean entities decentralized, authorized, assigned tasks, ordered, or contracted through bidding by the Ministry of Foreign Affairs to perform the management of Vietnamese employees in accordance with the law.

Chapter II

RECRUITMENT AND MANAGEMENT OF VIETNAMESE EMPLOYEES WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIET NAM

Article 6. Recruitment of Vietnamese employees working for foreign organizations and individuals in Viet Nam

1. When needing to recruit Vietnamese employees, foreign organizations and individuals must issue a written notice directly, via postal services, or online through the official email address of the management agency/organization specified in Article 5 of this Decree, clearly stating the job position and the required quantity of recruits. Concurrently, foreign organizations and individuals must publicly post recruitment information on the National Employment Exchange Portal (website: https://www.vieclam.gov.vn) or other lawful employment portals, or the official website of such organization.

2. Foreign organizations and individuals may directly recruit Vietnamese employees or request support from the management agency/organization specified in Article 5 of this Decree in recruiting Vietnamese employees.

3. Upon receiving a request from foreign organizations or individuals, the management agency/organization specified in Article 5 of this Decree shall carry out the selection and introduction of candidates according to the provided job description.

Article 7. Management of Vietnamese employees working for foreign organizations and individuals in Viet Nam

1. Within 10 working days from the date of signing an employment contract with a Vietnamese employee, foreign organizations and individuals must notify the management agency/organization specified in Article 5 of this Decree in writing directly, via postal services, or online through its official email address, specifying the full name, personal identification number, job position, and start date of the recruited Vietnamese employee.

2. Within 10 working days from the date of signing an employment contract with foreign organizations or individuals, the Vietnamese employee shall be responsible for submitting employee management dossier specified in Clauses 1 and 2, Article 8 of this Decree directly, via postal services, or online through the official email address of the management agency/organization specified in Article 5 of this Decree.

3. Within 10 working days from the date of receiving complete notifications from foreign organizations/individuals and the employee management dossier of the Vietnamese employee, the management agency/organization specified in Article 5 of this Decree shall send a written confirmation directly or online to the foreign organization/individual regarding the acceptance of management over the Vietnamese employee.

4. Within 10 working days from the date of terminating an employment contract with a Vietnamese employee, foreign organizations and individuals must notify the management agency/organization specified in Article 5 of this Decree in writing directly, via postal services, or online through its official email address, stating the reasons for termination.

5. Within 03 working days from the date of receiving the notice of employment contract termination from foreign organizations or individuals, the management agency/organization specified in Article 5 of this Decree shall:

a) Send a written confirmation directly or online regarding the termination of management over the Vietnamese employee working for the foreign organization/individual;

b) Return the employee management dossier to the Vietnamese employee in accordance with the law.

Article 8. Employee management dossier for Vietnamese employees working for foreign organizations and individuals in Viet Nam

1. Personal Information Sheet of the Vietnamese employee using Form No. 01 provided in the Appendix issued with this Decree.

2. A copy of the employment contract signed between the Vietnamese employee and the foreign organization/individual.

3. Certificate of completion of the state policy and law dissemination program for Vietnamese employees working for foreign organizations and individuals in Viet Nam using Form No. 02 provided in the Appendix issued with this Decree.

Article 9. Responsibilities of management agencies and organizations for Vietnamese employees working for foreign organizations and individuals in Viet Nam

1. Receive recruitment assistance requests from foreign organizations and individuals; receive candidate profiles of Vietnamese employees as required by foreign organizations and individuals; select and introduce Vietnamese employees to foreign organizations and individuals.

2. Receive employee management dossiers and conduct management of Vietnamese employees working for foreign organizations and individuals in Viet Nam.

3. Organize state policy and law dissemination programs directly or online for Vietnamese employees working for foreign organizations and individuals in Viet Nam in accordance with the law; issue certificates of completion for state policy and law dissemination programs, and update information into the employee management dossiers.

4. Participate in supporting the protection of legitimate rights and interests of Vietnamese employees working for foreign organizations and individuals in Viet Nam.

5. Provide advisory support to foreign organizations and individuals in Viet Nam regarding the employment of Vietnamese workers.

6. Support the verification of personnel information of Vietnamese employees during their employment period with foreign organizations and individuals in Viet Nam based on the employee management dossiers specified in Article 8 of this Decree.

7. Periodically report to the Ministry of Foreign Affairs before December 20 annually on the status of recruitment and management of Vietnamese employees working for foreign organizations and individuals in Viet Nam using Form No. 03 provided in the Appendix issued with this Decree.

8. Perform other tasks in accordance with the provisions of law.

Article 10. Responsibilities of foreign organizations and individuals in Viet Nam when recruiting and employing Vietnamese employees

1. Comply with the provisions of this Decree, labor law, and other relevant legal normative documents.

2. Properly perform signed employment contracts with Vietnamese employees.

3. Facilitate conditions for Vietnamese employees to:

a) Fully complete employee management dossiers and comply with regulations on employee management at the management agency/organization as specified in Articles 7 and 8 of this Decree;

b) Participate in the state policy and law dissemination program organized by the management agency/organization specified in Article 5 of this Decree during their employment with foreign organizations and individuals.

4. Within 07 working days from the date of beginning to use the services of a labor subleasing enterprise, notify the management agency/organization specified in Article 5 of this Decree in writing directly, via postal services, or online through its official email address regarding the use of labor subleasing services using Form No. 04 provided in the Appendix issued with this Decree.

5. Periodically before December 15 annually, submit the Information Sheet on the recruitment and employment of Vietnamese employees using Form No. 05 provided in the Appendix issued with this Decree directly, via postal services, or online through the official email address of the management agency/organization specified in Article 5 of this Decree.

Article 11. Rights, obligations, and responsibilities of Vietnamese employees working for foreign organizations and individuals in Viet Nam

1. Entitled to join political organizations and socio-political organizations in accordance with the law.

2. Entitled to request the management agency/organization specified in Article 5 of this Decree to provide advisory support for protecting their legitimate rights and interests during their employment with foreign organizations and individuals.

3. Entitled to request the management agency/organization specified in Article 5 of this Decree to support the verification of personnel information based on the employee management dossiers specified in Article 8 of this Decree.

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

5. Responsible for completing the state policy and law dissemination program within 06 months from the date of signing the employment contract with foreign organizations or individuals in Viet Nam.

6. Properly perform signed employment contracts with foreign organizations and individuals in Viet Nam.

7. Comply with regulations on employee management and employee management dossiers for Vietnamese employees working for foreign organizations and individuals in Viet Nam as specified in Articles 7 and 8 of this Decree.

8. Update employee management dossiers and submit them to the management agency/organization specified in Article 5 of this Decree directly, via postal services, or online through its official email address whenever there are changes in personal information or upon request from the management agency/organization.

Article 12. Responsibilities of labor subleasing enterprises dispatching workers to foreign organizations and individuals in Viet Nam

1. Periodically before December 15 annually, submit reports on the situation of subleasing Vietnamese workers to foreign organizations and individuals in Viet Nam directly, via postal services, or online through the official email address of the management agency/organization specified in Article 5 of this Decree using Form No. 06 provided in the Appendix issued with this Decree.

2. Within 10 working days from the date of subleasing Vietnamese workers to foreign organizations and individuals in Viet Nam, submit a list of Vietnamese workers subleased to foreign organizations and individuals in Viet Nam directly, via postal services, or online through the official email address of the management agency/organization specified in Article 5 of this Decree using Form No. 07 provided in the Appendix issued with this Decree.

Chapter III

IMPLEMENTATION PROVISIONS

Article 13. Effect of implementation

1. This Decree takes effect from November 15, 2026.

2. Provisions relating to the recruitment and management of Vietnamese employees working for foreign organizations and individuals in Viet Nam set forth in Decree No. 152/2020/ND-CP dated December 30, 2020 of the Government on foreign workers working in Viet Nam and the recruitment and management of Vietnamese employees working for foreign organizations and individuals in Viet Nam, as amended and supplemented by Decree No. 70/2023/ND-CP dated September 18, 2023 of the Government, shall cease to have effect as of the effective date of this Decree.

Article 14. Transitional provisions

The recruitment and management of Vietnamese employees working for representative offices in Viet Nam of foreign organizations operating in the fields of economics, trade, finance, banking, insurance, science and technology, culture, education, health, and foreign legal consultancy shall be implemented in accordance with the provisions of the Labor Code and other relevant laws.

Article 15. Implementation responsibilities

1. Responsibilities of the Ministry of Foreign Affairs

a) Assist the Government in performing the state management function regarding the recruitment and management of Vietnamese employees working for foreign organizations and individuals in Viet Nam from central to local levels;

b) Synthesize difficulties and obstacles during implementation and submit reports, proposals, and recommendations to competent authorities;

c) The Minister of Foreign Affairs shall detail the contents, duration, and forms of the state policy and law dissemination program for Vietnamese employees working for foreign organizations and individuals in Viet Nam;

d) Inspect the implementation of the provisions of this Decree.

2. Responsibilities of the Ministry of Home Affairs

a) Coordinate to report on Vietnamese employees working for foreign organizations and individuals in Viet Nam upon request;

b) Guide the implementation of legal provisions on policies, employment, labor, wages, and other relevant matters related to Vietnamese employees working for foreign organizations and individuals in Viet Nam.

3. Responsibilities of the Ministry of National Defense

Coordinate with the Ministry of Foreign Affairs and management agencies/organizations specified in Article 5 of this Decree to implement legal provisions on ensuring national security, order, and social safety in border areas, border gates, islands, strategic and key areas, and crucial defense locations.

4. Responsibilities of the Ministry of Public Security

a) Coordinate with the Ministry of Foreign Affairs, management agencies/organizations specified in Article 5 of this Decree, foreign organizations and individuals employing Vietnamese workers, and labor subleasing enterprises dispatching Vietnamese workers to foreign organizations and individuals in Viet Nam to implement legal provisions on ensuring national security, order, and social safety;

b) Coordinate in inspections and examinations of the implementation of regulations related to the recruitment and management of Vietnamese employees working for foreign organizations and individuals in Viet Nam to prevent the exploitation of labor relations for activities that infringe upon national security, interests, or operations beyond permitted scopes.

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

Coordinate with the Ministry of Foreign Affairs and competent authorities in recruiting and managing Vietnamese employees working for foreign organizations and individuals in Viet Nam at local levels.

6. Ministers, Heads of ministerial-level agencies, Chairpersons of People's Committees of provinces and centrally-run cities, and relevant agencies, organizations, and individuals shall be responsible for executing this Decree./.