10 new points of the 2026 amended Law on Vietnamese Guest Workers

The 2026 amended Law on Vietnamese Guest Workers has amended and supplemented various regulations on worker source preparation, training fees, recruitment, contracts, licenses, and responsibilities of enterprises providing the service of sending Vietnamese workers abroad as guest workers.

1. Enterprises are not required to obtain prior approval before preparing worker sources

Clause 8 Article 1 of the 2026 amended Law on Vietnamese Guest Workers, Law No. 22/2026/QH16, amending Article 18 of Law No. 69/2020/QH14, provides as follows:

Article 18. Preparation of worker sources

“1. A service enterprise shall actively prepare worker sources before registering a labor supply contract based on its demands, receiving markets and the ability to enter into labor supply contracts.”

Accordingly, the amended Law allows service enterprises to actively prepare worker sources before registering labor supply contracts based on their demands, receiving markets, and ability to enter into labor supply contracts.

Enterprises may provide information and dissemination activities; provide counseling and preliminary selection; directly provide or coordinate with education institutions to provide training and refresher training in occupational skills and foreign languages for workers when necessary.

Under Article 18 of the 2020 Law on Vietnamese Guest Workers, enterprises were only allowed to prepare worker sources upon requests or cooperation agreements with foreign worker-receiving partners and “only after the Ministry of Labor, Invalids and Social Affairs issued written approval”.

The new Law removes the requirement for prior written approval. Instead, enterprises must provide written notice to the commune-level People’s Committee where worker source preparation activities are organized and update information in the database on Vietnamese guest workers at least 03 days before commencing such activities.

The commune-level People’s Committee is responsible for publicizing received notices, monitoring worker source preparation activities in the locality, and handling or referring violations to competent authorities.

2. Training fees may only be collected after workers are selected and sign contracts

Clause 3 Article 18 amended under Clause 8 Article 1 of Law No. 22/2026/QH16 requires enterprises to enter into written agreements with workers regarding participation in worker source preparation.

Such written agreements must specify fees for occupational skills and foreign language training or refresher training and other amounts payable (if any); expected market, sector, profession, occupation, recruitment criteria and recruitment period; commitment to prioritizing recruitment; and responsibilities of parties if workers are not selected or terminate participation before the prescribed time.

In particular, the new Law provides:

“A service enterprise may collect fees for occupational skills and foreign language training or refresher training only after a worker has been selected by the worker-receiving foreign partner and has entered into a contract on the sending of Vietnamese workers abroad.”

Previously, Point b Clause 4 Article 18 of Law No. 69/2020/QH14 only provided that enterprises could directly provide or cooperate in providing occupational skills and foreign language training and “collect training fees in accordance with law”. The previous regulation did not specifically determine the time when training fees could be collected.

Accordingly, from March 01, 2027, enterprises may not collect training fees immediately when workers register to participate in worker source preparation.

3. Enterprises whose licenses are revoked may not be granted licenses again for 5 years

Point b, Clause 6, Article 1 of Law No. 22/2026/QH16 adds Clause 1a after Clause 1, Article 10 of Law No. 69/2020/QH14, providing a restriction period for granting licenses to enterprises whose licenses have been revoked.

Accordingly, an enterprise whose license is revoked in the cases specified at Points a, d or dd Clause 2, Article 16 shall not be granted a license for 05 years from the date of issuance of the license revocation decision.

These cases include: providing false declarations in license application dossiers; committing certain prohibited acts; failing to fully perform certain obligations resulting in serious material or mental damage to workers.

The at-law representative of an enterprise whose license is revoked in the above cases also may not act as the at-law representative of an enterprise granted a license for 05 years.

Previously, Article 10 of Law No. 69/2020/QH14 only prescribed conditions on capital, deposits, representatives, professional staff, physical facilities and websites. The previous Law did not prescribe a 05-year period during which a revoked license could not be re-granted and did not restrict the at-law representative of an enterprise whose license had been revoked.

4. Enterprises may not authorize third parties to recruit workers

Point b, Clause 1, Article 1 of Law No. 22/2026/QH16 adds Clauses 7 and 8 to Article 3 of Law No. 69/2020/QH14, clarifying the concept of direct recruitment and allowing another person to use a license.

Under the new Clause 7 Article 3, direct recruitment means the process whereby a licensed service enterprise independently carries out, or coordinates with a worker-receiving foreign partner in organizing, preliminary selection, assessment and selection of workers who satisfy requirements.

Recruitment must be conducted “without using a third party or authorizing another organization or individual to carry out such activities.”

Clause 8 Article 3 provides that allowing another person to use a license means an enterprise allows another enterprise, organization or individual to use such license “in any form” to carry out part or all of service activities in the name of the licensed enterprise.

Law No. 69/2020/QH14 required enterprises to directly recruit workers and prohibited allowing others to use licenses. However, the previous Law did not specifically explain the scope of these acts.

5. All massage jobs abroad are included in the list of prohibited jobs

Point d Clause 4 Article 1 of Law No. 22/2026/QH16 amends the introductory paragraph and Point a Clause 12 Article 7 of Law No. 69/2020/QH14.

Under the new regulation, it is strictly prohibited to go abroad to work, or organize recruitment or preparation of worker sources, or send Vietnamese workers abroad as guest workers for “massage jobs”.

Previously, Point a, Clause 12, Article 7 of Law No. 69/2020/QH14 only prohibited “massage jobs at restaurants, hotels or entertainment centers.” Therefore, the previous regulation identified prohibited jobs based on specific locations.

From March 01, 2027, the new Law no longer limits the location where such jobs are performed. Under the wording of the new provision, massage jobs are included in the prohibited list regardless of whether they are performed at restaurants, hotels, entertainment centers or other locations.

The scope of prohibited acts is also expanded. The previous Law only prohibited workers from going abroad to work or organizations from sending workers abroad. The new Law explicitly adds that organizing recruitment and preparing worker sources for massage jobs are also prohibited.

6. Workers may not be recruited for areas to which Vietnam has advised against travel or recommended restricted travel

Point dd Clause 4 Article 1 of Law No. 22/2026/QH16 amends the introductory paragraph and Point a Clause 13 Article 7 of Law No. 69/2020/QH14 on prohibited acts in the field of Vietnamese workers going abroad under contracts.

The new provision states:

“13. Going abroad to work, or organizing the recruitment or preparation of worker sources, or sending Vietnamese workers to:

a) Areas affected by armed conflicts or areas to which a competent Vietnamese agency has advised against travel or recommended restricted travel;”.

Accordingly, it is strictly prohibited to go abroad to work, organize recruitment or preparation of worker sources, or send Vietnamese workers abroad as guest workers to “areas affected by armed conflicts or areas to which a competent Vietnamese agency has advised against travel or recommended restricted travel”.

Under Point a Clause 13 Article 7 of Law No. 69/2020/QH14, prohibited areas previously included “areas where armed conflicts are occurring or where there is a risk of armed conflicts occurring”.

Compared with the previous Law, the 2026 Law adds the basis of recommendations issued by competent Vietnamese agencies. Accordingly, recruitment and sending workers to a certain area may be prohibited when there is an official recommendation against travel or recommending restricted travel.

The new Law also expressly adds organizing recruitment and preparing worker sources for these areas as prohibited acts. The previous Law only mentioned workers going abroad to work or organizations sending workers abroad.

Areas affected by radiation contamination, toxic contamination or particularly dangerous epidemics specified at Points b, c and d Clause 13 Article 7 remain in the prohibited list.

7. Contracts must specify conditions for unilateral termination and dispute settlement

Clause 9 Article 1 of Law No. 22/2026/QH16 amends Article 21 of Law No. 69/2020/QH14, specifying principal contents of contracts on sending Vietnamese workers abroad.

Accordingly, contracts must include contents on rights and obligations of each party; service charges; other amounts collected by enterprises from workers (if any); deposits (if any); conditions for unilateral termination of contracts; settlement of contractual disputes and compensation for damage.

The new Law clearly requires contracts to include:

• “conditions for unilateral termination of the contract”; and
• “settlement of contractual disputes and compensation for damage”.

Under Clause 2 Article 21 of Law No. 69/2020/QH14, contracts were required to clearly agree on rights and obligations of parties, conform to labor supply contracts, and specify service charges and other expenses of workers (if any).

Therefore, the previous Law did not separately list deposits, conditions for unilateral termination, dispute settlement and compensation for damage as principal contents of contracts.

The new Law also assigns the Minister of Home Affairs to prescribe contract forms and amounts that service enterprises may collect from workers. Previously, only contract forms were prescribed.

8. Enterprises must have overseas representatives to support workers

Point b Clause 10 Article 1 of Law No. 22/2026/QH16 amends Point e Clause 2 Article 26 of Law No. 69/2020/QH14, requiring enterprises to have overseas representatives to support workers and settle arising matters related to workers.

Enterprises must provide information and reports to competent state agencies and Vietnamese representative missions abroad immediately after receiving information on incidents affecting workers’ lives, health, lawful rights and interests, or emergencies related to security and safety in the receiving locality.

Enterprises must also “provide counseling and support for workers in accessing legal aid services when they need legal assistance”.

Under Point e Clause 2 Article 26 of Law No. 69/2020/QH14, enterprises were required to have qualified professional staff to manage and support workers abroad. The previous Law did not specifically require enterprises to have an “overseas representative”.

The previous Law required provision of legal aid when workers were abused, subjected to violence or discrimination. The new Law provides that enterprises must provide counseling and support workers in accessing legal aid services when they need legal assistance, without limiting such support to the three cases mentioned above.
 

9. Enterprises subject to bankruptcy procedures must continue performing signed contracts

Clause 11 Article 1 of Law No. 22/2026/QH16 amends Clause 2 Article 29 of Law No. 69/2020/QH14 on responsibilities of service enterprises subject to bankruptcy procedures. Accordingly:

“2. From the date the court issues a ruling on opening of bankruptcy procedures, the concerned service enterprise may neither enter into labor supply contracts nor organize worker source preparation or recruitment of new workers for sending abroad. Contracts of sending Vietnamese workers abroad that have been concluded shall continue to be performed under the supervision in accordance with the law on recovery and bankruptcy.”

Previously, Clause 2 Article 29 of Law No. 69/2020/QH14 provided that an enterprise subject to bankruptcy procedures was not allowed to carry out activities specified in Clauses 1, 2, 3, and 4 of Article 9.

These activities include:

• Signing and performing contracts;
• Finding labor markets, advertising and providing counseling;
• Preparing worker sources and recruiting workers;
• Providing occupational skills training, foreign language training and orientation education.

Compared with the previous regulation, the new Law specifies that enterprises may not conduct activities of recruiting new workers after the court issues a decision to open bankruptcy procedures, while confirming that signed contracts continue to be performed under supervision.

The responsibilities of reporting and transferring rights and obligations when an enterprise is declared bankrupt under Clauses 1 and 3 of Article 29 remain unchanged.

10. Intern acceptance contracts of 90 days or more shall be registered at the provincial level

Clause 18 Article 1 of Law No. 22/2026/QH16 amends Article 39 of Law No. 69/2020/QH14 towards unifying the authority receiving registration of intern acceptance contracts.

Under the new regulation, enterprises sending Vietnamese workers abroad for occupational knowledge and skills training or improvement shall submit 01 dossier set to the specialized labor agency of the provincial-level People’s Committee where the enterprise’s head office is located for registration of intern acceptance contracts.

Under Article 39 of Law No. 69/2020/QH14, the receiving authority was determined based on the training period: Intern acceptance contracts with a duration of less than 90 days were registered at the specialized labor agency of the provincial-level People’s Committee; Intern acceptance contracts with a duration of 90 days or more were registered at the Ministry of Labor, Invalids and Social Affairs.

Accordingly, from March 01, 2027, intern acceptance contracts with a duration of 90 days or more will no longer be registered at the Ministry but shall be registered at the specialized labor agency of the provincial-level People’s Committee where the enterprise’s head office is located.

Clause 27, Article 1 of Law No. 22/2026/QH16 also repeals Article 40 on dossiers for registration of intern acceptance contracts. Under the new Article 39, dossiers, methods, order and procedures for registration shall be prescribed by the Government.

The above is a summary of 10 new points of the 2026 amended Law on Vietnamese Guest Workers.