Circular 09/2026/TT-BNV amend Circular 21/2021/TT-BLDTBXH detailing Vietnamese Guest Workers Law

CIRCULAR

Amending and supplementing a number of articles of Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs detailing a number of articles of the Law on Vietnamese Guest Workers

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Pursuant to the Law on Vietnamese Guest Workers No. 69/2020/QH14;

Pursuant to the Government's Decree No. 25/2025/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs;

Pursuant to the Government's Decree No. 128/2025/ND-CP on decentralization and delegation of authority in state management in the field of home affairs;

Pursuant to the Government's Resolution No. 66.16/2026/NQ-CP reducing and simplifying administrative procedures and regulations related to production and business activities;

At the proposal of the Director of the Department of Overseas Labor;

The Minister of Home Affairs promulgates the Circular amending and supplementing a number of articles of Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs detailing a number of articles of the Law on Vietnamese Guest Workers.

Article 1. Amending and supplementing a number of articles of Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs detailing a number of articles of the Law on Vietnamese Guest Workers

1. To amend and supplement Article 4 as follows:

“Article 4. Specific contents of labor supply contracts

1. Specific contents of a labor supply contract according to market, profession, occupation and job shall be as follows:

a) For professions, occupations and jobs in the Japanese labor market, the specific contents are defined in the Appendix II issued together with this Circular;

b) For professions, occupations and jobs in the labor market of Taiwan (China), the specific contents are defined in the Appendix III issued together with this Circular;

c) For professions, occupations and jobs in the Korean labor market, the specific contents are defined in the Appendix IV issued together with this Circular;

d) For professions, occupations and jobs in the labor market of West Asia, Central Asia and Africa, specific contents are defined in the Appendix V issued together with this Circular;

dd) For professions, occupations and jobs in the labor market of Europe and Oceania, the specific contents are defined in the Appendix VI issued together with this Circular;

e) For professions, occupations and jobs in the labor market of Americas, the specific contents are defined in the Appendix VII issued together with this Circular;

g) For professions, occupations and jobs in the labor market of China, Macau (China) and Southeast Asia, the specific contents are defined in the Appendix VIII issued together with this Circular;

h) For jobs performed at international seas, the specific contents are defined in the Appendix IX issued together with this Circular.

2. The labor supply contract shall be agreed upon by the service enterprise and the worker-receiving foreign partner but must ensure the minimum conditions specified in Clause 1 of this Article.”

2. To amend and supplement Article 5 as follows:

“Article 5. Documents proving that the sending of Vietnamese workers abroad as guest workers complies with the law of the host country

1. For the Malaysian labor market and the labor market of Taiwan (China), proving documents include 01 copy of the paper on appraisal of the dossier for recruitment of Vietnamese workers issued by the representative mission of Vietnam in Malaysia or Taiwan (China).

2. For the Japanese labor market, the fishing vessel crew program of the Korean labor market:

a) In case the worker-receiving foreign partner is the employer, the proving document is 01 copy of the business license or other equivalent papers issued by the competent agency to the employer that shows the business field suitable to the professions, occupations and jobs requiring foreign workers, and its Vietnamese translation;

b) In case the worker-receiving foreign partner is an employment service organization, proving documents include 01 copy of the license issued or certified by the competent authority of the receiving country to the employment service organization that shows the employment service is included in its business lines, and its Vietnamese translation or list of management unions and organizations permitted to receive technical intern trainees, specified skilled workers, and foreign workers’ skills development provided to the Vietnamese side by the competent authority of Japan under the signed cooperation agreement (for the Japanese labor market).

3. For other countries and territories, in case the worker-receiving foreign partner is the employer, the proving documents include:

a) 01 copy of the business license or other equivalent papers issued by the competent agency to the employer that shows the business field suitable to the professions, occupations and jobs requiring foreign workers, and its Vietnamese translation;

b) 01 copy of a document of the competent agency of the host country allowing the employer to recruit foreign workers or the list of professions, occupations and jobs for which the recruitment of foreign workers is permitted as defined by the host country or 01 copy of the document of the competent authority that shows the receipt of foreign workers in accordance with the provisions of the law of the host country, and its Vietnamese translation.

4. For the countries and territories mentioned in Clause 3 of this Article, in case the worker-receiving foreign partner is an employment service organization, proving documents include:

a) 01 copy of the business license or other equivalent papers issued or certified by the competent authorities to the employment service organization that shows the employment service is included in its business lines, and its Vietnamese translation;

b) 01 copy of the cooperation agreement or written request or written authorization to recruit Vietnamese workers of the employer towards the employment service organization, and its Vietnamese translation;

c) Proving documents for employers specified in Clause 3 of this Article.”

3. To amend and supplement Article 7 as follows:

“Article 7. Maximum service price levels under brokerage contracts

1. The maximum service prices under brokerage contracts shall be agreed upon between service enterprises and intermediary organizations or individuals, but must not exceed 0.5 of the worker monthly wage in the labor contract for each 12 working months. For cases of labor contracts with the definite term of 36 months or more, the maximum service price level under a brokerage contract does not exceed 1.5 of the worker’s monthly wage stated in the labor contract

2. The maximum service price levels under brokerage contracts for a number of markets, professions, occupations and jobs are specified in the Appendix X issued together with this Circular.”

Article 2. Replacing a number of appendices and forms of Circular No. 21/2021/TT-BLDTBXH, which have been amended and supplemented by Circular No. 02/2024/TT-BLDTBXH

1. To replace: Appendix II, Appendix III, Appendix IV, Appendix V, Appendix VI, Appendix VII, Appendix VIII, Appendix IX, Appendix X and Appendix XI issued together with Circular No. 21/2021/TT-BLDTBXH (amended and supplemented into Appendix II, Appendix III, Appendix IV,  Appendix V, Appendix VI, Appendix VII, Appendix VIII, Appendix IX, Appendix X and Appendix XI of Circular No. 02/2024/TT-BLDTBXH) by Appendix II, Appendix III, Appendix IV, Appendix V, Appendix VI, Appendix VII, Appendix VIII, Appendix IX, Appendix X and Appendix XI issued together with this Circular;

2. To replace: Form No. 01 Appendix I issued together with Circular No. 21/2021/TT-BLDTBXH (amended and supplemented to Form No. 17, Appendix I, Clause 1, Article 17 of Circular No. 09/2025/TT-BNV) with Form No. 01 issued together with this Circular;

3. To replace: Form No. 02 and Form No. 03 Appendix I issued together with Circular No. 21/2021/TT-BLDTBXH (amended and supplemented to Form No. 02 and No. 03 Appendix I of Circular No. 02/2024/TT-BLDTBXH) with Form No. 02 and Form No. 03 Appendix I issued together with this Circular;

4. To replace: Form No. 04, Form No. 06 Appendix I issued together with Circular No. 21/2021/TT-BLDTBXH with Form No. 04, Form No. 06 Appendix I issued together with this Circular;

5. To replace: Form No. 05 Appendix I issued together with Circular No. 21/2021/TT-BLDTBXH (amended and supplemented to Form No. 39 issued together with Circular No. 08/2023/TT-BLDTBXH) with Form No. 05 Appendix I issued together with this Circular;

6. To replace: Appendix XII, Form No. 02, Form No. 03 and Form No. 04 Appendix XIII issued together with Circular No. 21/2021/TT-BLDTBXH with Appendix XII, Form No. 02, Form No. 03 and Form No. 04 Appendix XIII issued together with this Circular;

7. To replace: Form No. 01 Appendix XIII issued together with Circular No. 21/2021/TT-BLDTBXH (amended and supplemented to Form No. 01 Appendix I of Circular No. 02/2024/TT-BLDTBXH) with Form No. 01 Appendix XIII issued together with this Circular.

Article 3. Transitional provisions

1. Contracts on the sending of Vietnamese workers abroad and other relevant agreements that have been signed and the workers have left the country before the effective date of this Circular shall continue to be performed until the end of the contract.

Contracts on sending Vietnamese workers abroad and other relevant agreements that have been signed and the workers have not left the country before the effective date of this Circular shall continue to perform the signed contracts in case the workers’ interest are not lower than those specified in this Circular or the provisions of the receiving country.

2. The labor supply contract has been registered and approved by the Ministry of Home Affairs and the workers has not left the country before the effective date of this Circular, if there are other contents specified in this Circular, the labor supply contract must be amended, supplemented or newly signed.

Article 4. Implementation provisions

1. This Circular takes effect from June 30, 2026.

2. To amend and supplement Article 17 Circular No. 09/2025/TT-BNV as follows:

“Article 17. Performing the task of receiving and issuing written approvals for the preparation of labor resources for service enterprises

1. Written preparation of labor resources, made according to Form No. 01, Appendix I issued together with this Circular.

2. A copy of the written request of the worker-receiving foreign partner or cooperation agreements between Vietnamese enterprises and worker-receiving foreign partner and its Vietnamese translations; have the following basic contents:

a) The number of workers that Vietnamese enterprises need to prepare, the professions, the gender of the workers (if any);

b) Requirements on qualifications, vocational skills and foreign languages of workers;

c) Basic information about overseas employment (expected professions, expected place of work, expected salary, expected labor contract duration);

d) Estimated time of selection.

3. A document proving that a foreign partner is permitted by a competent authority of the host country to recruit foreign workers, for the foreign partner entering into cooperation with a Vietnamese service enterprise for the first time:

a) In case the foreign party is the employer, the document proving is 01 copy of the business license or other equivalent papers issued by the competent authority to the employer and its Vietnamese translation;

b) In case the foreign party is an employment service organization, the document proving is 01 copy of the business license or other equivalent papers issued or certified by the competent authority to the employment service organization that shows the employment service is included in its business lines, and its Vietnamese translation.”

3. To annul the following documents:

To annul Circular No. 02/2024/TT-BLDTBXH dated February 23, 2024 of the Minister of Labor, Invalids and Social Affairs amending and supplementing a number of articles of Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs detailing a number of articles of the Law on Vietnamese Guest Workers.

4. During the course of implementing this Circular, if there are any difficulties or problems, agencies, enterprises and employees are requested to report them to the Ministry of Home Affairs for timely guidance./.

* All Appendices are not translated herein