Expat Corner
This Q&A outlines the procedures required for foreign organisations in Việt Nam when hiring Vietnamese workers, including recruitment methods, notification after contract conclusion and responsibilities of employers.
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| ALL SMILES: Workers at the Việt Nam Representative Ofice of Action on Poverty, an Australian NGO operating in the country, with Vietnamese residents. — Photo vufo.org.vn |
We are a foreign non-governmental organisation operating in Hà Nội. As some of our employees’ labour contracts will expire at the end of this year, we plan to recruit Vietnamese employees as substitutes. What procedures are we required to follow?
Under Article 6 of Government Decree 371/2026/ND-CP dated September 25, 2026, on the recruitment of Vietnamese employees by foreign organisations and individuals in Việt Nam, your organisation may either directly recruit Vietnamese employees or ask for assistance from the authority responsible for managing Vietnamese employees working for foreign employers in Việt Nam.
For foreign organisations operating in Hà Nội, including foreign non-governmental organisations, the relevant authority is the Division of Labour Management for Diplomatic Corps (the division) under the Ministry of Foreign Affairs' Service Department for Diplomatic Corps.
If your organisation wishes to directly recruit Vietnamese employees, it must first notify the division of its recruitment needs, clearly stating the job positions to be filled and the number of employees required.
The recruitment notice may be submitted in person, by post or via the division’s official email address.
Your organisation must then publish information on the vacancies on the National Employment Exchange at https://vieclam.gov.vn, another lawful employment portal or the division’s official website.
If your organisation needs assistance from the division in recruiting local workers, the division will help with selecting and introducing suitable candidates based on the job descriptions provided by your organisation.
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| GUIDING LIGHT: A Vietnamese UNICEF staff member helping a child in Việt Nam. — Photo courtesy of UNICEF |
What are the next steps after we sign a labour contract with a Vietnamese employee?
Under Article 7 of Decree 371, within 10 working days from the date of signing a labour contract with a Vietnamese employee, your organisation must send a notice to the division. The notice may be submitted in person, by post or via the division’s official email address. It must state the employee’s full name, personal identification number, expected job position and employment commencement date.
Within this time limit, the Vietnamese employee must submit their employee management records to the division through the same channel as mentioned above.
Within 10 working days from the date of receiving the notice from your organisation and the employee management records, the division will issue a letter of confirmation stating that the employee has been accepted for management. This letter of confirmation will be sent to your organisation either directly or online.
Within 10 working days after the labour contract is terminated, your organisation must send a notice to the division stating the reason for the termination. The notice may be submitted in person, by post or via the division’s official email address.
Within three working days after receiving the contract termination notice, the division must issue a letter of confirmation stating that the employee is no longer under its management and, at the same time, return the employee management records to the employee.
The management records of a Vietnamese employee working for a foreign organisation in Việt Nam include:
(i) The employee’s personal information form
(ii) A copy of the labour contract signed between the employee and the foreign organisation
(iii) A certificate of the employee’s completion of the programme on the dissemination of the State’s policies and laws to Vietnamese employees working for foreign employers in Việt Nam.
All relevant forms are provided in the appendix to Decree 371.
What responsibilities do we have to perform when recruiting and employing Vietnamese workers?
Under Article 10 of Decree 371 on responsibilities of foreign organisations and individuals in Việt Nam that recruit and employ Vietnamese workers, your organisation is required to comply with the decree, the labour law and other relevant laws. It must also properly perform the labour contracts entered into with Vietnamese employees.
At the same time, your organisation has to assist employees in completing their management records and complying with the regulations on employee management, while being encouraged to send its employees to policy communication programmes organised by the division.
If your organisation uses labour subleasing services, it must notify the division within seven working days from the date it begins using such services. The notification may be submitted in person, by post or via the division’s official email address.
Before December 15 every year, your organisation must submit a report on the recruitment and employment of Vietnamese workers to the division by post or via its official email address. VNS