Vietnam Hiring Rules from November 2026 and Who They Actually Cover
From 15 November 2026, Decree 371/2026/ND-CP sets recruitment and employee-management rules for specific foreign organisations and individuals. Start with the list below. Foreign ownership or a foreign director alone does not place an ordinary FDI company within this special definition.
Check this list first
Article 3 lists four categories of foreign organisations authorised to operate in Vietnam:
- Diplomatic and consular missions, representative offices of UN-system organisations, intergovernmental organisations, and regional or subregional organisations.
- Representative offices of organisations affiliated with foreign governments.
- Resident offices of foreign news agencies, press, radio and television organisations.
- Foreign non-governmental organisations holding the required Vietnamese registration.
The covered foreign individuals are foreigners working at those specified organisations who employ Vietnamese workers. The definition is not every foreign resident, shareholder or company director. Article 2 also covers the relevant Vietnamese workers, management bodies and labour subleasing enterprises serving those organisations or individuals.
Not automatically covered on that basis alone
- An ordinary Vietnam-incorporated company with foreign shareholders.
- A company whose director or legal representative is a foreign national.
Check separately: commercial representative offices, government-affiliated offices and labour subleasing arrangements. Their legal status and the actual employment arrangement matter. Article 14 specifically addresses representative offices in the listed commercial and other fields. This list is a starting point, not an exemption from ordinary employment law.
What the VnExpress report needs to be read alongside
VnExpress’s 1 November policy roundup includes a section on foreign organisations recruiting through an employment exchange. Read on its own, that heading can suggest a rule for every business with a foreign connection. Article 3 of the decree defines a narrower group. Article 6 also permits several publication channels, which the report’s body mentions.
What this means for an ordinary FDI company
A Vietnam-incorporated restaurant or software company with foreign shareholders should not apply this special procedure solely because its capital is foreign. Nor does appointing a foreign legal representative automatically bring the company into Article 3. Check the actual legal employer, its registration or operating licence, and the arrangement under which staff work.
A commercial representative office also needs to be distinguished from a representative office of a foreign government organisation. Article 14 expressly states that recruitment and management of Vietnamese staff at representative offices in the listed economic, commercial, financial, banking, insurance, scientific and technical, cultural, educational, healthcare and foreign legal consultancy fields follow the Labour Code and other relevant laws. Its wording should not be replaced by a blanket statement that every representative office follows the same special procedure.
These distinctions do not exempt a business from its ordinary employment obligations. Employment contracts, payroll, tax, insurance and other applicable rules still need their own review. This decree concerns Vietnamese employees working for the defined employers; it should not be presented as a general new work-permit rule for foreign employees.
What covered employers must do when recruiting
If your organisation falls within Article 3, Article 6 requires notice to the competent management body identifying the job position and number of people to be recruited. Recruitment information must also be published openly on the National Employment Exchange, another lawful employment portal, or the organisation’s official website.
The word “or” matters. The decree does not make the national exchange the sole permitted publication channel. It also allows the employer to recruit directly or request assistance from the competent management body. Posting a vacancy and notifying that body are separate requirements; one should not be treated as replacing the other.
Before the next recruitment, identify the appropriate body designated under the Ministry of Foreign Affairs framework, confirm its official submission route, and assign responsibility for the notice and published vacancy. Keep evidence of both. Do not send employee information to an unverified address or assume that a job-board posting completes every formality.
The deadlines continue after hiring
The following obligations concern the employers and workers within the decree’s defined scope. They are not a new universal checklist for every FDI company.
- Within 10 working days after signing the employment contract, the employer must notify the competent body of the recruited employee’s name, personal identification number, position and starting date. The employee must submit the personal information form and a copy of the employment contract within the same period to the organisations assigned or authorised by law to manage Vietnamese employees.
- After signing, the employee must complete the prescribed programme on Vietnamese State policies and laws. The employer must facilitate participation; the completion certificate becomes part of the management file.
- Within 10 working days after termination, the employer must notify the competent body and state the reason for termination.
- Before 15 December each year, the covered employer must submit its recruitment and employment information form. For labour subleasing arrangements, the enterprise using the labour subleasing service must notify the competent authority within seven working days from the date on which the labour subleasing service contract takes effect. The labour subleasing enterprise is also subject to separate reporting obligations.
When the rules apply and what to check now
The decree takes effect on 15 November 2026. Article 13 also ends the corresponding provisions on recruiting and managing Vietnamese employees under Decree 152/2020/ND-CP, as amended by Decree 70/2023/ND-CP. Do not turn that into a claim that every provision of those earlier decrees is repealed by this instrument.
Review the employer’s classification before changing its hiring process. If covered, prepare the notification route, vacancy-publication evidence, employee file and deadline calendar. For existing staff or a recruitment already in progress, check the applicable transition and administrative guidance with the competent body. The effective date alone does not prove that every existing employee must be registered again or sign a replacement contract.
What is the risk of getting this wrong
A covered organisation can miss a notification, leave an employee file incomplete or overlook an annual filing. A business outside the special definition can waste time implementing a procedure it does not need. Both problems start with an incorrect reading of scope.
Decree 371 does not itself set out a schedule of monetary fines. A specific penalty must be checked against the applicable sanctions provisions and the actual breach. In addition, under the legislation currently in force, violations relating to the recruitment and employment of Vietnamese employees working for foreign organisations and individuals in Vietnam, including failure to comply with periodic reporting obligations, are subject to the administrative penalties prescribed under Decree No. 283/2026/ND-CP, which took effect on 10 September 2026.
Neither a specific fine nor automatic contract invalidity should be inferred from this decree alone. Foreign ownership by itself does not establish a breach.
Will PCA handle this for you
PCA can help identify the legal employer, establish whether this decree applies, and determine the recruitment and HR steps required for your situation.
If the relevant services are included in your PCA package or contract, PCA will handle them within the agreed scope. If they are not included and you would like PCA to assist, please contact us. If you are unsure whether the rules apply or whether your agreement covers the work, contact PCA so we can clarify this before you change your process.
Legal Basis
[1] Decree No. 371/2026/NĐ-CP dated 25 September 2026, effective from 15 November 2026, on the recruitment and management of Vietnamese employees working for foreign organisations and individuals in Vietnam. Contact us now!
Email: info@pca-cs.com
Hotline: +84 (0) 909 090 415 | +84 (0) 909 091 141
Author: Mr. Lê N. Bảo, CEO – PCA Group, and Head of HR & Payroll, Mrs. Trương T. N. Hà
Tags: #VietnamHiringRegulations2026, #Decree371/2026/NĐ-CP, #VietnamLabourLaw, #VietnamRecruitmentCompliance, #HiringVietnameseEmployees, #ForeignCompaniesinVietnam, #LabourSubleasinginVietnam