Legal updates

We would like to provide our valued Clients with the following key points:

1. Change in the governing regulation

• Until 04 December 2026: Decree No. 219/2025/ND-CP dated 07 August 2025 continues to apply.
• From 05 December 2026: Decree No. 393/2026/ND-CP dated 20 October 2026 on foreign workers in Vietnam takes effect, replacing Decree No. 219/2025/ND-CP.

2. Key requirements for enterprises and organisations employing foreign workers

• Recruit and employ foreign workers in a manner that ensures national security and social order and directly meets the employer’s needs; sub-leasing foreign workers is not permitted.
• Recruitment requirements must not be lower than the required professional qualifications and work experience; information on the intended foreign worker must be consistent with the recruitment notice (job position/field, form, location and duration of work). Free recruitment notices on the national job exchange or via public employment service centres are encouraged.
• Maintain foreign worker records in paper or electronic form; submit periodic reports before 05 June and 05 December each year, or ad hoc upon request of competent authorities or when there are changes in the employment of foreign workers.
• Make truthful declarations and bear legal responsibility for WP applications and WP exemption certificate applications.
• Proactively follow official guidance on administrative procedures published on government portals; do not use intermediaries or “brokers” to prepare or submit applications that do not reflect the facts.
• For reference on the administrative procedures, process and conditions for WP issuance, or for clarification of related issues, enterprises/organisations may contact the Employment and Occupational Safety
• Division, HCMC Department of Home Affairs to obtain guidance documents; address: 159 Pasteur Street, Xuan Hoa Ward, HCMC; tel: (028) 38.295.900, 38.225.645 or 38.222.409 (ext. 211).

3. Recommendations for enterprises

• Enterprises should review and check their actual employment of foreign workers in order to apply the guidance in the Official Letter and the provisions of Decree No. 393/2026/ND-CP.
• Follow the guidance of the competent local authorities in each province/city on preparing the report on the employment of foreign workers for the year-end period of 2026.

Original document: