Vietnam Tightens Penalties for Foreign Workers and Their Employers

Vietnam has issued a sweeping new decree on labor and social insurance penalties — and for the first time, foreign workers get their own clearly defined set of rules and fines. If you're a foreign national working in Vietnam, planning to work there, or an employer hiring foreign talent in the country, here's what's changing.

The New Decree at a Glance

Decree 283/2026/ND-CP sets out administrative violations, penalties, and remedial measures across three areas: labor and employment, social insurance, and Vietnamese workers going abroad under contract. It takes effect on September 10, 2026, and formally repeals the previous framework, Decree 12/2022/ND-CP.

Within this broader decree, Article 13 — "Violations of regulations concerning foreign workers working in Vietnam" — is the section most relevant to a global immigration audience. It works alongside a separate decree governing work permits themselves, Government Decree No. 219/2025/ND-CP (dated August 7, 2025), which regulates foreign workers working in Vietnam.

Penalties Aimed Directly at Foreign Workers

Under Clause 3 of Article 13, foreign workers themselves — not just their employers — can be fined directly:

• VND 15,000,000 to VND 25,000,000 for working in Vietnam without a valid work permit or without the certificate confirming exemption from the work permit requirement.

• The same fine bracket applies to using an expired work permit or exemption certificate.

On top of the fine, foreign workers who commit these violations (or engage in document fraud, discussed below) may also be deported as an additional penalty.

Penalties for Employers of Foreign Workers

Employers carry the bulk of the compliance burden under this decree, with fines tiered by the severity of the violation:

Notification failures (Clause 1) — VND 1,000,000 to VND 3,000,000 Applies when an employer fails to notify, notifies late, or submits incomplete notifications regarding:

• Foreign workers exempt from needing a work permit,

• An exempt worker taking on work for the same employer across multiple provinces or cities,

• A work-permit holder doing the same across multiple provinces or cities.

Permit-scope and permit-handling violations (Clause 2) — VND 5,000,000 to VND 10,000,000 per worker, capped at VND 75,000,000 Applies to employers who:

• Employ a foreign worker for duties that don't match what's stated on their work permit or exemption certificate;

• Fail to revoke, or revoke late, a work permit — and fail to return it to the issuing authority with the required report;

• Fail to return a work permit as required;

• Fail to revoke or return an exemption certificate within the prescribed timeframe.

Employing without a permit at all (Clause 5) — scaled by headcount:

This applies where an employer hires foreign workers with no work permit and no exemption certificate, or continues employing them after the permit or certificate has expired.

Document fraud (Clause 4) — VND 40,000,000 to VND 60,000,000 Applies to employers who alter, falsify, or use forged documents in applications for issuing, re-issuing, or extending work permits or exemption certificates (short of conduct serious enough to trigger criminal liability). Forged or falsified documents are also subject to confiscation.

A Detail Easy to Miss: Fines Can Double for Companies

Under the decree's general rules (Article 7), the fine amounts listed throughout are set as the base rate for individuals. Where the violator is an organization — which includes most corporate employers, branches, and representative offices operating in Vietnam — the applicable fine is doubled. In practice, this means a company found employing 15 undocumented foreign workers could face a fine as high as VND 120,000,000, not VND 60,000,000, once the organizational multiplier is applied.

Additional Penalties and Remedial Measures

Beyond the monetary fines, Article 13 provides for:

• Deportation of foreign workers who violate the work-permit rules (Clause 3) or are implicated in the document-fraud provisions (Clause 4).

• Confiscation of evidence — altered, falsified, or forged documents used in permit applications.

• Mandatory remedial notification for employers who failed to notify authorities as required.

• Mandatory return of permits or certificates to the issuing authority for employers found in violation of the permit-handling rules.

When Does This Take Effect?

• Decree 283/2026/ND-CP applies from September 10, 2026.

• It replaces Decree 12/2022/ND-CP, which ceases to have effect from that date.

• For violations that occurred before the effective date but are still ongoing afterward, the new decree's provisions will apply.

• For violations that occurred and were already concluded before the effective date, but are only discovered or resolved afterward, the older rules in force at the time of the violation will apply instead.

Practical Takeaways

If you're a foreign worker in Vietnam:

• Confirm your work permit or exemption certificate is valid and current before you start any assignment — a lapsed document now carries a direct personal fine, not just an employer liability.

• If your role or work location changes (e.g., a new province), check whether it needs to match what's on your permit, and whether your employer has filed the required notification.

If you employ foreign workers in Vietnam:

• Build in a permit-renewal calendar — several of the highest fine brackets stem from missed deadlines to revoke, renew, or return documents, not just from hiring undocumented workers outright.

• Treat notification obligations (multi-province assignments, exemption changes) as compliance-critical, even though their standalone fines are comparatively low — they're often the first thing regulators check.

• Remember the doubling rule: as a company, your actual exposure on every fine bracket above is twice the individual rate.

This article is based on information procured from official sources and public portals. It is provided for general informational purposes and does not constitute legal or immigration advice. Kindly consult the relevant public authority or an immigration advisor at the Legit Migrant for guidance specific to your circumstances.