Vietnamese workers working for foreign organizations and individuals in Vietnam need to know which agencies or organizations they may request support from when their rights and interests are affected, as well as what they must do after entering into a labor contract.
1. What rights do Vietnamese workers working for foreign organizations and individuals have?
Under Clauses 1, 2 and 3, Article 11 of Decree No. 371/2026/ND-CP, Vietnamese workers have the following rights:
To participate in political organizations and socio-political organizations in accordance with law.
To request the managing agencies or organizations 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.
To request assistance in certifying their personnel information based on the worker management dossiers.
The managing agencies or organizations referred to herein are those decentralized or authorized or performing tasks assigned or orders placed or carrying out bidding activities as assigned by the Ministry of Foreign Affairs to manage Vietnamese workers working for foreign organizations and individuals in Vietnam, as prescribed in Article 5 of Decree No. 371/2026/ND-CP.
Accordingly, workers have the right to request the agencies or organizations assigned by the Ministry of Foreign Affairs to perform such management to assist in certifying their personnel information based on the worker management dossiers prescribed in Article 8 of Decree No. 371/2026/ND-CP, which comprise:
A Vietnamese worker’s personal information form, made according to Form No. 01 provided in the Appendix to this Decree.
A copy of the labor contract entered into between the Vietnamese worker and the foreign organization or individual.
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.
During the period in which they work for foreign organizations and individuals, workers also have the right to request these agencies or organizations to provide advisory support for the protection of their lawful rights and interests under Clauses 2 and 3, Article 11 of Decree No. 371/2026/ND-CP.
2. What obligations must workers fulfill?
Clauses 4 through 8, Article 11 of Decree No. 371/2026/ND-CP require workers:
To comply with Vietnamese laws on labor, protection of national security, social order and safety, and other relevant laws.
To properly perform labor contracts entered into with foreign organizations and individuals.
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.
To comply with the regulations on management of workers and worker management dossiers prescribed in Articles 7 and 8 of this Decree.
To update their worker management dossiers and submit them to the managing agencies or organizations whenever their personal information changes or at the request of such managing agencies or organizations.
Under Clause 8, Article 11 of Decree No. 371/2026/ND-CP, workers may update their worker management dossiers and submit them directly, by post or online via the official email addresses of the agencies or organizations decentralized or authorized or performing tasks assigned or orders placed or carrying out bidding activities as assigned by the Ministry of Foreign Affairs to manage Vietnamese workers working for foreign organizations and individuals in Vietnam.
Workers need to update their worker management dossiers throughout their period of employment. These dossiers serve as the basis for the agencies or organizations assigned by the Ministry of Foreign Affairs to manage workers to assist in certifying their personnel information at their request under Clause 3, Article 11 of Decree No. 371/2026/ND-CP.
3. When must workers submit their dossiers after entering into a labor contract?
This responsibility is subject to a specific time limit. Under Clause 2, Article 7 of Decree No. 371/2026/ND-CP, within 10 working days from the date of entering into a labor contract, Vietnamese workers shall submit the following to the managing agencies or organizations:
A Vietnamese worker’s personal information form, made according to Form No. 01 provided in the Appendix to the Decree;
A copy of the labor contract entered into with the foreign organization or individual.
Article 8 also requires the worker management dossier to include a certificate of completion of the program on dissemination and propagation of State policies and laws. However, under Clause 5, Article 11, workers have 6 months from the date of entering into a labor contract to complete the program. Therefore, a distinction should be made between the time limit of 10 working days for submitting the initial dossier and the time limit of 6 months for completing the program.
If the labor contract is terminated, Clause 5, Article 7 requires the managing agency or organization to send a written confirmation of termination of the management of the Vietnamese worker and return the Vietnamese worker management dossier to the worker within 03 working days from the date of receipt of the foreign organization’s or individual’s notice of termination of the labor contract.
Decree No. 371/2026/ND-CP takes effect on November 15, 2026. This effective date should be taken into account before applying the above time limits and procedures to a specific case.
The above provides information on "Vietnamese workers working for foreign organizations and individuals: Rights and obligations". Please refer to Decree No. 371/2026/ND-CP on LuatVietnam.vn for details and related features, such as Effect status and Document diagram.
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