Decree No. 371/2026/ND-CP detailing the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, effective from November 15, 2026, introduces several changes concerning the reporting responsibilities of the parties involved in recruitment.
1. Provincial-level agencies are no longer assigned competence to manage Vietnamese workers working for foreign organizations in Vietnam
Under Article 5 of Decree No. 371/2026/ND-CP, competence to manage Vietnamese workers working for foreign organizations and individuals in Vietnam is prescribed as follows:
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.
Article 22. Competence to recruit and manage Vietnamese workers working for foreign organizations or individuals
1. Organizations competent to recruit and manage Vietnamese workers working for foreign organizations or individuals (below referred to as organizations competent to recruit and manage Vietnamese workers) include:
a/ Organizations that are decentralized or authorized or perform tasks assigned or orders placed or carry out bidding activities as assigned by the Ministry of Foreign Affairs;
b/ Organizations that are decentralized or authorized or perform tasks assigned or orders placed or carry out bidding activities as assigned by provincial-level Departments of Labor, Invalids and Social Affairs.
Thus, under the new provisions, only the Ministry of Foreign Affairs may decentralize, authorize, assign tasks, place orders or assign bidding activities to agencies and organizations managing Vietnamese workers working for foreign organizations and individuals in Vietnam.
Departments of Labor, Invalids and Social Affairs (now merged into Departments of Home Affairs), which are specialized agencies under provincial-level People’s Committees, may no longer decentralize, authorize, assign tasks, place orders or assign bidding activities for such management.
2. Recruitment of Vietnamese workers for foreign organizations in Vietnam must be announced on the Employment Exchange
This is an entirely new provision under Clause 1, Article 6 of Decree No. 371/2026/ND-CP. Specifically:
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, 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.
3. Additional notification responsibilities upon entering into or terminating labor contracts
Article 7 of Decree No. 371/2026/ND-CP provides for the management of Vietnamese workers working for foreign organizations and individuals in Vietnam as follows:
Within 10 working days from the date of entering into a labor contract:
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, clearly stating the full name, personal identification number, job position and commencement date of the recruited Vietnamese worker.
The Vietnamese worker shall submit the worker management dossier directly, by post or online via the official email address of the managing agency or organization.
The dossier for management of Vietnamese workers working for foreign organizations and individuals in Vietnam comprises:
A Vietnamese worker's personal information form, made according to Form No. 01 provided in the Appendix to Decree No. 371/2026/ND-CP.
A copy of the labor contract entered into between the Vietnamese worker and the foreign organization or individual.
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 shall send a written notice directly or online to the foreign organization or individual regarding the acceptance of the Vietnamese worker for management.
- Within 10 working days from the termination of the labor contract:
The 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, stating the reason for termination.
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 shall:
Send, directly or online, a written confirmation of termination of the management of the Vietnamese worker working for the foreign organization or individual;
Return the Vietnamese worker management dossier to the Vietnamese worker in accordance with law.
4. Additional notification responsibilities when using services provided by labor leasing enterprises
Clause 4, Article 10 of Decree No. 371/2026/ND-CP, concerning the responsibilities of foreign organizations and individuals in Vietnam when recruiting and employing Vietnamese workers, introduces the following provision:
Within 7 working days of commencing the use of services provided by a labor leasing enterprise, foreign organizations and individuals in Vietnam shall provide written notice directly, by post, or online via the official email address of the competent managing agency or organization regarding the use of labor leasing services.
The above are key changes under Decree No. 371/2026/ND-CP on recruiting Vietnamese workers for foreign organizations.
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