Decree 371/2026/ND-CP recruitment and management of Vietnamese workers for foreign organizations and individuals in Vietnam

DECREE

Detailing the recruitment, management of Vietnamese workers working for foreign organizations and individuals in Vietnam

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

Pursuant to the Law on Organization of Local Administration 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, management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

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

Article 2. Subjects of application

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

2. Vietnam-based foreign organizations.

3. Foreign individuals in Vietnam.

4. Agencies and organizations competent to manage Vietnamese workers working for foreign organizations and individuals prescribed in Clauses 2 and 3, Article 3 of this Decree.

5. Enterprises leasing workers to foreign organizations and individuals in Vietnam prescribed in Clauses 2 and 3, Article 3 of this Decree.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Vietnamese workers working for foreign organizations and individuals in Vietnam mean Vietnamese citizens working for the foreign organizations and individuals specified in Clauses 2 and 3 of this Article.

2. Vietnam-based foreign organizations mean foreign agencies and organizations permitted by Vietnamese competent agencies to operate in the territory of Vietnam, including:

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

b) Representative offices of organizations under foreign governments;

c) Resident offices of foreign news agencies, newspapers, radio and television;

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

3. Foreign individuals in Vietnam mean foreigners working in organizations specified in Clause 2 of this Article who employ Vietnamese workers.

Article 4. General principles

1. Ensuring compliance with Vietnam’s labor laws and other relevant laws.

2. Protecting the lawful rights and interests of Vietnamese workers working for the foreign organizations and individuals in Vietnam specified in Clauses 2 and 3, Article 3 of this Decree.

3. Creating favorable conditions for foreign organizations and individuals to operate efficiently in Vietnam.

Article 5. Competence to manage Vietnamese workers working for foreign organizations and individuals in Vietnam

Agencies and organizations competent to manage Vietnamese workers working for the foreign organizations and individuals in Vietnam specified in Clauses 2 and 3, Article 3 of this Decree include those decentralized or authorized or perform tasks assigned or orders placed or carry out bidding activities as assigned by the Ministry of Foreign Affairs to manage Vietnamese workers in accordance with law.

Chapter II

RECRUITMENT AND MANAGEMENT OF VIETNAMESE WORKERS WORKING FOR FOREIGN ORGANIZATIONS OR INDIVIDUALS IN VIETNAM

Article 6. Recruitment of Vietnamese workers working for foreign organizations and individuals in Vietnam

1. When wishing to employ Vietnamese workers, foreign organizations and individuals shall provide a written notice directly, by post or online via the official email address of the managing agency or organization specified in Article 5 of this Decree, clearly stating the job positions and number of workers to be recruited. Foreign organizations and individuals shall concurrently publicly post information on the recruitment of Vietnamese workers on the National Employment Exchange (at: https://www.vieclam.gov.vn), another lawful employment portal, or the organization’s official website.

2. Foreign organizations and individuals shall directly recruit Vietnamese workers or request the managing agencies or organizations specified in Article 5 of this Decree to assist in recruiting Vietnamese workers.

3. At the request of foreign organizations and individuals, the managing agencies or organizations specified in Article 5 of this Decree shall select and recommend candidates according to the provided job descriptions.

Article 7. Management of Vietnamese workers working for foreign organizations and individuals in Vietnam

1. Within 10 working days from the date of entering into a labor contract with a Vietnamese worker, the foreign organization or individual shall provide a written notice directly, by post or online via the official email address of the managing agency or organization specified in Article 5 of this Decree, clearly stating the full name, personal identification number, job position and commencement date of the recruited Vietnamese worker.

2. Within 10 working days from the date of entering into a labor contract with a foreign organization or individual, the Vietnamese worker shall submit the worker management dossier prescribed in Clauses 1 and 2, Article 8 of this Decree directly, by post or online via the official email address of the managing agency or organization specified in Article 5 of this Decree.

3. Within 10 working days from the date of receipt of the complete notice from the foreign organization or individual and the Vietnamese worker management dossier, the managing agency or organization specified in Article 5 of this Decree shall send a written notice directly or online to the foreign organization or individual regarding the acceptance of the Vietnamese worker for management.

4. Within 10 working days from the termination of the labor contract with the Vietnamese worker, foreign organization or individual shall send a written notice directly, by post or online via the official email address of the managing agency or organization specified in Article 5 of this Decree, stating the reason for termination.

5. Within 03 working days from the date of receipt of the foreign organization’s or individual’s notice of termination of the labor contract with the Vietnamese worker, the managing agency or organization specified in Article 5 of this Decree shall:

a) Send, directly or online, a written confirmation of termination of the management of the Vietnamese worker working for the foreign organization or individual;

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

Article 8. Dossiers for management of Vietnamese workers working for foreign organizations and individuals in Vietnam

1. A Vietnamese worker's personal information form, made according to Form No. 01 provided in the Appendix to this Decree.

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

3. A certificate of completion of the program on dissemination and propagation of State policies and laws for Vietnamese workers working for foreign organizations and individuals in Vietnam, made according to Form No. 02 provided in the Appendix to this Decree.

Article 9. Responsibilities of agencies and organizations managing Vietnamese workers working for foreign organizations and individuals in Vietnam

1. To receive requests from foreign organizations and individuals for assistance in recruiting Vietnamese workers; receive application dossiers from Vietnamese workers according to the recruitment requirements of foreign organizations and individuals; and select and recommend Vietnamese workers to foreign organizations and individuals.

2. To receive Vietnamese worker management dossiers and manage Vietnamese workers working for foreign organizations and individuals in Vietnam.

3. To organize in-person or online programs to disseminate and propagate State policies and laws to Vietnamese workers working for foreign organizations and individuals in Vietnam in accordance with law; issue certificates of completion of such programs and add relevant information to Vietnamese worker management dossiers.

4. To participate in supporting the protection of the lawful rights and interests of Vietnamese workers working for foreign organizations and individuals in Vietnam.

5. To provide advisory support to foreign organizations and individuals in Vietnam regarding the employment of Vietnamese workers.

6. To assist in certifying personnel information of Vietnamese workers during their employment by foreign organizations and individuals in Vietnam based on the worker management dossiers prescribed in Article 8 of this Decree.

7. Annually, before December 20, to report to the Ministry of Foreign Affairs on the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, using Form No. 03 provided in the Appendix to this Decree.

8. To perform other duties in accordance with laws.

Article 10. Responsibilities of foreign organizations and individuals in Vietnam when recruiting and employing Vietnamese workers

1. To comply with this Decree, labor laws and other relevant legal documents.

2. To properly perform labor contracts entered into with Vietnamese workers.

3. To facilitate Vietnamese workers in:

a) Completing their worker management dossiers and complying with regulations on worker management at the managing agencies or organizations in accordance with Articles 7 and 8 of this Decree;

b) Participating, during the period in which they work for foreign organizations and individuals, in programs organized by the managing agencies or organizations specified in Article 5 of this Decree to disseminate and propagate State policies and laws.

4. Within 7 working days from the date of commencing the use of services provided by a labor leasing enterprise, to provide a written notice directly, by post or online via the official email address of the managing agency or organization specified in Article 5 of this Decree regarding the use of labor leasing services, using Form No. 04 provided in the Appendix to this Decree.

5. Annually, before December 15, to submit information form on the recruitment and employment of Vietnamese workers, using Form No. 05 provided in the Appendix to this Decree, directly, by post or online via the official email address of the managing agency or organization specified in Article 5 of this Decree.

Article 11. Rights, obligations and responsibilities of Vietnamese workers working for foreign organizations and individuals in Vietnam

1. To participate in political organizations and socio-political organizations in accordance with law.

2. To request the managing agencies or organizations specified in Article 5 of this Decree to provide advisory support for the protection of their lawful rights and interests during the period in which they work for foreign organizations and individuals.

3. To request the managing agencies or organizations specified in Article 5 of this Decree to assist in certifying their personnel information based on the worker management dossiers prescribed in Article 8 of this Decree.

4. To comply with Vietnamese laws on labor, protection of national security, social order and safety, and other relevant laws.

5. To complete the program on dissemination and propagation of State policies and laws within 6 months from the date of entering into a labor contract with a foreign organization or individual in Vietnam.

6. To properly perform labor contracts entered into with foreign organizations and individuals in Vietnam.

7. To comply with the regulations on management of workers and management dossiers of Vietnamese workers working for foreign organizations and individuals in Vietnam prescribed in Articles 7 and 8 of this Decree.

8. To update their worker management dossiers and submit them to the managing agencies or organizations specified in Article 5 of this Decree directly, by post or online via the official email addresses of such managing agencies or organizations whenever their personal information changes or at the request of such managing agencies or organizations.

Article 12. Responsibilities of enterprises leasing workers to foreign organizations and individuals in Vietnam

1. Annually, before December 15, to submit a report on the leasing of Vietnamese workers to work for foreign organizations and individuals in Vietnam directly, by post or online via the official email address of the managing agency or organization specified in Article 5 of this Decree, using Form No. 06 provided in the Appendix to this Decree.

2. Within 10 working days from the date of leasing Vietnamese workers to work for foreign organizations and individuals in Vietnam, to submit a list of Vietnamese workers leased by foreign organizations and individuals in Vietnam directly, by post or online via the official email address of the managing agency or organization specified in Article 5 of this Decree, using Form No. 07 provided in the Appendix to this Decree.

Chapter III

IMPLEMENTATION PROVISIONS

Article 13. Effect

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

2. Provisions on recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam prescribed in the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, which was amended and supplemented under the Government’s Decree No. 70/2023/ND-CP dated September 18, 2023, cease to be effective from the date this Decree takes effect.

Article 14. Transitional provisions

The recruitment and management of Vietnamese workers working for Vietnam-based representative offices of foreign organizations operating in the fields of economics, commerce, finance, banking, insurance, science and technology, culture, education, health and foreign legal consultancy shall comply with the Labor Code and other relevant laws.

Article 15. Responsibility for implementation

1. The Ministry of Foreign Affairs shall

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

b) Summarize difficulties and obstacles arising during implementation and report proposals and recommendations to competent authorities;

c) The Minister of Foreign Affairs shall provide detailed regulations on the contents, duration and forms of programs for dissemination and propagation of State policies and laws to Vietnamese workers working for foreign organizations and individuals in Vietnam;

d) Examine the implementation of this Decree.

2. The Ministry of Home Affairs shall

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

b) Provide guidance on implementation of the law on policies, employment, labor, salary and other provisions relating to Vietnamese workers working for foreign organizations and individuals in Vietnam.

3. The Ministry of National Defence shall

Coordinate with the Ministry of Foreign Affairs and the managing agencies and organizations specified in Article 5 of this Decree in implementing the law on ensuring security, social order and safety in border areas, border gates, islands, strategic areas, key areas and areas of importance to national defence.

4. The Ministry of Public Security shall

a) Coordinate with the Ministry of Foreign Affairs; the managing agencies and organizations specified in Article 5 of this Decree; foreign organizations and individuals employing Vietnamese workers; and enterprises leasing Vietnamese workers to work for foreign organizations and individuals in Vietnam in implementing the law on ensuring security, social order and safety;

b) Coordinate in inspecting and examining the implementation of regulations concerning the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, in order to prevent the abuse of labor relations to commit acts infringing upon national interests or national security or to conduct activities beyond the licensed scope.

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

Coordinate with the Ministry of Foreign Affairs and competent agencies in recruiting and managing Vietnamese workers working for foreign organizations and individuals in their respective localities.

6. Ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.