Effective September 10 2026, Vietnam has expanded employer obligations for foreign workers and raised the associated penalties for non‑compliance.
Work‑authorization violations
- Employees without a valid Work Permit (WP) or Work Permit Exemption Certificate (WPEC), or with an expired document, are fined VND 15‑25 million; expulsion may also be imposed.
- Employer fines are applied in addition to employee penalties and increase with the number of non‑compliant staff:
- 1‑10 employees – VND 30‑45 million
- 11‑20 employees – VND 45‑60 million
- 21 or more employees – VND 60‑75 million
Short‑term assignments (≤ 90 days)
Under Decree 219, foreign nationals working a cumulative 90 days or less per calendar year are exempt from obtaining a WP or WPEC, provided the employer notifies the competent authority at least three working days before work begins.
Decree 283 now imposes a notification penalty of VND 1‑3 million for missing, late, or incomplete notices. The notification must still be filed as a remedial step. The breach is limited to the employer; the employee faces no fine.
Other employer infractions
- Deploying an employee in a role, location, or for an entity that differs from the details on the WP/WPEC, or failing to return/revoke the documents at the end of the assignment: VND 5‑10 million per employee, capped at VND 75 million per employer.
- Missing, late, or incomplete multi‑province notifications for WP/WPEC holders working across several provinces: VND 1‑3 million.
Practical steps for employers
- Audit foreign‑worker records to identify expired or soon‑to‑expire permits and any mismatches between documented and actual job functions, locations, or employing entities.
- Track exemption notifications for assignments of 90 days or less and ensure they are submitted at least three working days before the employee starts work.
- Maintain proper documentation for multi‑province assignments and ensure timely return or revocation of permits when an employee’s assignment ends.
These changes shift enforcement focus to administrative compliance—particularly short‑term assignment notifications, multi‑province reporting, and the proper handling of work‑permit documents. Non‑compliance now carries significantly higher financial penalties for both employees and employers.
Source article: newlandchase.com
