Decree 372/2025/ND-CP amend Decree 112/2021/ND-CP detailing the Law on Vietnamese Guest Workers

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 112/2021/ND-CP dated December 10, 2021, detailing a number of articles of, and providing measures for implementing, the Law on Vietnamese Guest Workers

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

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

Pursuant to the Law on Investment No. 61/2020/QH14;

Pursuant to the Law on Enterprises No. 59/2020/QH14, and the Law Amending the Law on Enterprises No. 76/2025/QH15;

At the proposal of the Minister of Home Affairs;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 112/2021/ND-CP dated December 10, 2021, detailing a number of articles of, and providing measures for implementing, the Law on Vietnamese Guest Workers.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 112/2021/ND-CP dated December 10, 2021, detailing a number of articles of, and providing measures for implementing, the Law on Vietnamese Guest Workers

1. To amend and supplement Article 3 as follows:

“Article 3. Licenses for provision of the services of sending Vietnamese workers abroad as guest workers

1. Licenses for provision of the services of sending Vietnamese workers abroad as guest workers (hereinafter referred to as licenses) shall be granted by the Minister of Home Affairs to enterprises fully meeting the conditions specified in Clause 1, Article 10 of the Law on Vietnamese Guest Workers and this Decree.

2. Licenses shall be granted according to Form No. 01 provided in Appendix I to this Decree.”

2. To amend and supplement Clause 1 and Clause 3, Article 4 as follows:

“1. Enterprises shall arrange professional staff member with professional qualifications of college level or higher to fully carry out the activities prescribed in Article 9 of the Law on Vietnamese Guest Workers.

3. Branches that are assigned by service enterprises to implement some of the activities specified in Article 9 of the Law on Vietnamese Guest Workers must have professional staff members with professional qualifications of college level or higher to perform the assigned activities and satisfy the standards prescribed in Clause 2 of this Article.”

3. To amend and supplement Point c, Clause 1 and Clause 3, Article 5 as follows:

“c) For residence rooms, the area per trainee is at least 3.5m² and there must be basic equipment and devices for daily-life activities; at most 12 trainees will be arranged in a residence room and there must be separate areas for male trainees and female trainees (if any) with sufficient bathrooms and restrooms.

3. In case a service enterprise assigns its branch to carry out orientation education activities, the branch must have physical facilities up to safety and hygiene requirements; have classrooms and residence rooms as required at Points b and c, Clause 1 of this Article.”

4. To amend and supplement Article 6 as follows:

“Article 6. Conditions on websites

1. Websites of enterprises must use Vietnam’s national domain name “.vn” and be used to publish the images of the most recently granted licenses and information specified at Point b, Clause 2, Article 26 of the Law on Vietnamese Guest Workers.

2. Within 7 days after the occurrence of a change in the information specified at Point b, Clause 2, Article 26 of the Law on Vietnamese Guest Workers, service enterprises shall update such change to their websites.”

5. To amend and supplement Points a, c and d, Clause 2, Article 7 and Clause 3 as follows:

“2. Papers proving satisfaction of the conditions specified in Article 10 of the Law on Vietnamese Guest Workers:

a) 01 copy of the latest member register for limited liability companies and partnerships; 01 copy of the latest version of the shareholder register for joint-stock companies.

c) 01 copy of the professional qualification diploma; 01 copy of documents proving working experience (shown by one of the following documents: decision on appointment or labor contract, document on termination of labor contract; notice confirming the period of participation in social insurance; confirmation of experience issued by the former employer) of the legal representative.

d) A list of professional staff members engaged in provision of the services of sending Vietnamese workers abroad as guest workers, made according to Form No. 04 to this Decree; and for each professional staff member, 01 copy of his/her professional diploma and foreign-language diploma or certificate (if any);

3. In case of change of professional staff members or physical facilities, within 07 days after the change occurs, service enterprises shall update on the database system on Vietnamese guest workers, and send notification to the Ministry of Home Affairs, enclosed with the corresponding supporting documents prescribed in Clause 2 of this Article in line with such change.”

6. To amend and supplement Article 8 as follows:

“Article 8. Integratability in grant of licenses via electronic information networks

1. The Ministry of Finance shall share information on names, identification numbers, addresses of head offices, business lines; full names of the at-law representatives and charter capital of enterprises for the Ministry of Home Affairs to retrieve and use for the purpose of granting licenses.

2. The Ministry of Public Security shall share information on the judicial record certificates of the at-law representatives of the enterprise applying for a license and of the enterprise that has been granted a license for the Ministry of Home Affairs to retrieve and verify the conditions applicable to the at-law representatives. In case judicial record data have not yet been interconnected, the Ministry of Home Affairs shall send a written request to the Ministry of Public Security for verification of information regarding the at-law representative of the enterprise or use the electronic version issued on the VNeID application.

3. The Ministry of Home Affairs shall share information on the licenses it has granted with the Ministry of Finance, the Ministry of Public Security for state management of enterprises.

4. The coordination and integratability among the Ministry of Public Security, the Ministry of Finance, and the Ministry of Home Affairs shall be carried out through the method of connection and data sharing among national databases in accordance with law.”

7. To amend and supplement Clause 2, Article 11 as follows:

“2. Procedures:

a) A service enterprise shall hand-deliver or send by post 1 dossier set to the Ministry of Home Affairs or submit it online at the National Public Service Portal at https://dichvucong.gov.vn.

b) Within 07 working days after receiving a complete dossier as prescribed, the Minister of Home Affairs shall consider and renew the license to the service enterprise. In case of refusal to renew the license, the Ministry of Home Affairs shall issue a written reply clearly stating the reason.”

8. To amend and supplement Article 12 as follows:

“Article 12. Conditions for provision of the services of sending Vietnamese workers to Taiwan (China)

1. The enterprise has been granted a license and has notified its satisfaction of market, sector, and occupation conditions in accordance with Article 15a of this Decree.

2. The enterprise has professional staff members who possess the Chinese language proficiency of at least HSK5 level or equivalent and has experience in sending Vietnamese workers to Taiwan (China).

3. The enterprise has not been sanctioned for violations in the field of sending Vietnamese workers abroad as guest workers for 2 years, counted up to the date of notifying the satisfaction of conditions for sending workers to Taiwan (China).”

9. To amend and supplement Article 15 as follows:

“Article 15. Conditions for provision of the services of sending Vietnamese workers to Japan

1. The enterprise has been granted a license and has notified its satisfaction of market, sector, and occupation conditions in accordance with Article 15a of this Decree.

2. The enterprise has professional staff members who possess the Japanese language proficiency of at least N2 level (JLPD standard) or equivalent and has experience in sending Vietnamese workers to Japan.

3. In case the enterprise sends workers to work as nurses in Japan, in addition to the conditions prescribed in Clause 1 and Clause 2 of this Article, the enterprise must satisfy the following conditions:

a) Having teachers to provide refresher training in nursing skills for workers according to the Japanese program;

b) Having its own training facilities or joint training facilities with a vocational education institution with basic audio-visual equipment for Japanese language training, practice rooms equipped with wheelchairs, walking frames, medical beds, dining tables and chairs, wall-mounted handrails, shower chairs, bathtubs, automatic toilets and medical cabinets for refresher training in nursing skills according to the Japanese program.”

10. To add Article 15a as follows:

“Article 15a. Notification of satisfaction of market and occupational conditions

1. Before carrying out activities of sending workers to Taiwan (China), Japan, and to work as nurses in Japan, the enterprise shall make an online notification on the database system on Vietnamese guest workers regarding the satisfaction of market and occupational conditions in accordance with Articles 12 and 15 of this Decree.

2. Immediately after the enterprise successfully completes the online notification prescribed in Clause 1 of this Article, the enterprise is permitted to carry out activities of sending workers to work in the markets and occupations notified.

3. In case an enterprise terminates its activities of sending workers to work in the markets and occupations for which satisfaction of conditions has been notified in accordance with Clause 1 of this Article, the enterprise shall carry out an online notification of termination of activities on the database system on Vietnamese guest workers. After the notification of termination of activities is successfully completed, the enterprise is not required to maintain the corresponding conditions prescribed in Articles 12 and 15 of this Decree.

4. The Ministry of Home Affairs shall be responsible for notifying and updating information on enterprises that satisfy operating conditions, and do not satisfy operating conditions, or have terminated activities of sending workers to Taiwan (China), Japan, and to work as nurses in Japan to the competent agencies of the receiving countries and territories for coordination in management.

5. In case the database system on Vietnamese guest workers encounters transmission or technical failures, or force majeure events interrupting the implementation of the provisions prescribed in Clause 1 of this Article, the enterprise shall submit one paper copy of the notification in accordance with Form No. 10 in Appendix I to this Decree to the Ministry of Home Affairs.”

11. To add Article 15b as follows:

“Article 15b. Notification of the list of workers expected to work abroad

1. The notification of the list of workers expected to work abroad in accordance with the requirements of the receiving country or territory shall be carried out online on the database system on Vietnamese guest workers.

2. The enterprise shall enter the notification of the list of workers expected to work abroad under the approved labor supply contract; information on workers in the notification shall include:

a) Full name; date, month, and year of birth; gender;

b) Place of origin;

c) Place of permanent residence;

d) Personal identification number;

dd) Passport number;

e) Contact telephone number in Vietnam;

g) Expected date of departure;

h) Contact telephone number of a relative in Vietnam.

3. Within 03 working days from the date of receipt of the list of workers, the Ministry of Home Affairs shall be responsible for certify the enterprise’s notification.

4. In case the database system on Vietnamese guest workers encounters transmission or technical failures, or force majeure events interrupting the implementation of the provisions prescribed in Clause 1 or Clause 3 of this Article, the enterprise shall submit one paper copy of the list of workers expected to work abroad under the approved labor supply contract, including the information prescribed in Clause 2 of this Article, to the Ministry of Home Affairs.”

12. To amend and supplement Article 20 as follows:

“Article 20. Conditions for provision of the services of sending Vietnamese workers abroad to work as domestic workers

1. The enterprise has been granted a license.

2. The enterprise must satisfy the following conditions:

a) Having its staff permanently stationed abroad possessing appropriate foreign language proficiency and experience in sending Vietnamese guest workers to work in the receiving country.

b) Having professional staff members with experience in sending Vietnamese guest workers to work in the receiving country.”

13. To amend and supplement the title of Article 39 and Clause 7, Article 73 as follows:

“Article 39. Responsibilities of the Ministry of Home Affairs

7. To maintain and regularly update on the website www.dolab.moha.gov.vn policies and legal documents concerning Vietnamese guest workers, information on treaties and international agreements which Vietnam has signed concerning Vietnamese guest workers; policies and laws of Vietnamese worker-receiving countries; list of enterprises providing the services of sending Vietnamese workers abroad as guest workers; information on administrative sanctions in the field of Vietnamese guest workers working abroad; list of enterprises that have returned their licenses or have their licenses revoked.”

14. To replace a number of phrases as follows:

“a) To replace the phrase “Portal www.dolab.gov.vn”
 with the phrase “website www.dolab.moha.gov.vn”
 in Clause 1, Article 38;

b) To replace the phrase “the Ministry of Planning and Investment” with the phrase “the Ministry of Finance” in the title of Article 42;

c) To replace the phrase “the Ministry of Labor, Invalids and Social Affairs” with “the Ministry of Home Affairs” in Articles 9, 10, 25, 28, 32, 38, 40, 41, 42, 43, and 44.

15. To annul a number of section titles and articles, clauses, and points as follows:

a) To annul the titles of Section 1, Section 2, and Section 3 in Chapter III;

b) To annul Clause 2 and Clause 4 of Article 5, Clause 4 of Article 7, Article 13, Article 14, Article 16, Article 17, Article 18, Article 19, and Clause 2 of Article 23.

16. To annul, replace, and add a number of forms in Appendix I as follows:

a) To annul Form No. 07, Form No. 08, and Form No. 09;

b) To replace Form No. 01, Form No. 02, Form No. 03, Form No. 04, Form No. 05, Form No. 06, Form No. 10, Form No. 11, and Form No. 12 respectively with Form No. 01, Form No. 02, Form No. 03, Form No. 04, Form No. 05, Form No. 06, Form No. 07, Form No. 08, and Form No. 09 to this Decree;

c) To add Form No. 10 prescribing the Notification of satisfaction of market and occupational conditions.

Article 2. Effect

This Decree takes effect from January 01, 2026.

Article 3. Transitional provisions

1. For dossiers on registration for provision of services of sending Vietnamese guest workers to Taiwan (China) market, Japan, or to work as nurses in Japan that are received before the effective date of this Decree, the order and procedures prescribed in the Government’s Decree No. 112/2021/ND-CP and Decree No. 128/2025/ND-CP dated June 11, 2025, providing regulations on decentralization and delegation of authority in state management in the field of home affairs, shall continue to be applied.

2. For lists of workers expected to work abroad that are received before the effective date of this Decree, the order and procedures prescribed in Decree No. 112/2021/ND-CP shall continue to be applied.

3. For dossiers requesting the grant or re-grant of licenses that are received before the effective date of this Decree, the order and procedures prescribed in Decree No. 112/2021/ND-CP shall continue to be applied.

4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related organizations and individuals shall implement this Decree.

* All Appendices are not translated herein.