Hiring Vietnamese Staff: New Rules for Foreign Organisations Under Decree 371

Hiring Vietnamese staff? Check Decree 371’s scope, notices, reporting deadlines, and representative office rules from 15 November 2026.

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Vietnam’s Decree 371/2026/ND-CP introduces a revised framework for recruiting and managing Vietnamese employees working for specified foreign organisations and individuals. Issued on 25 September 2026, it takes effect on 15 November 2026.

The decree covers diplomatic missions, specified international organisations, foreign government representative offices, foreign press offices, and registered foreign non-governmental organisations (NGOs). It does not establish a general hiring regime for all foreign businesses in Vietnam.

For foreign investors, an important provision concerns representative offices operating in specified sectors: recruitment and management of their Vietnamese employees will follow the Labour Code and other relevant legislation.

What is Decree 371/2026/ND-CP?

Decree 371 provides detailed rules on recruiting and managing Vietnamese citizens working for specified foreign organisations and individuals in Vietnam.

From 15 November 2026, it replaces the corresponding Vietnamese-worker provisions of Decree 152/2020/ND-CP, as amended by Decree 70/2023/ND-CP. Foreign nationals working in Vietnam remain subject to a separate regulatory framework.

Who must follow the new rules when hiring Vietnamese staff?

The decree covers the following foreign organisations authorised to operate in Vietnam:

Organisation type	Covered entities
Diplomatic and international bodies	Diplomatic missions, consular posts, representative offices of United Nations agencies, intergovernmental organisations, and regional and subregional organisations
Foreign government bodies	Representative offices of organisations belonging to foreign governments
Foreign media	Resident offices of foreign news agencies, newspapers, radio broadcasters, and television broadcasters
Foreign NGOs	Foreign NGOs holding the required Vietnamese registration

It also covers foreign individuals working at these organisations who employ Vietnamese workers, as well as labour outsourcing enterprises supplying Vietnamese workers to covered organisations and individuals.

Do foreign business representative offices follow Decree 371?

From 15 November 2026, representative offices in the sectors listed in Article 14 will no longer follow the special recruitment and employee-management regime under Decree 152. Instead, they will recruit and manage Vietnamese employees under the Labour Code and other relevant legislation.

The listed sectors are:

• Economic and commercial activities;
• Finance, banking, and insurance;
• Science and technology;
• Culture, education, and healthcare; and
• Foreign legal consultancy.

The Labour Code already applies to these offices’ general employment obligations. The change removes the additional special regime for recruiting and managing Vietnamese staff; obligations concerning employment contracts, wages, working hours, and employee benefits continue to apply.

Foreign-invested companies incorporated in Vietnam are distinct from representative offices. They employ Vietnamese staff under the general labour framework; foreign ownership alone does not bring them within Decree 371.

What must covered employers do before recruiting?

Covered employers must notify the competent managing body in writing of the positions and number of Vietnamese employees they intend to recruit.

They must also publish recruitment information through one of the following channels:

• The National Employment Exchange;
• Another lawful employment portal; or
• The organisation’s official website.

Employers may recruit directly or request recruitment assistance from the competent managing body. The decree does not make use of that body’s candidate-selection service mandatory.

What are the employment notification and reporting deadlines?

The decree assigns separate responsibilities to employers, employees, and labour outsourcing enterprises.

Requirement	Responsible party	Deadline
Notify recruitment needs and publish vacancies	Covered employer	When recruitment needs arise, as part of the recruitment process
Notify the managing body of the employee’s full name, personal identification number, position, and employment start date	Covered employer	Within 10 working days of signing the employment contract
Submit the personal information form and a copy of the signed employment contract	Employee	Within 10 working days of signing the employment contract
Complete the programme on state policies and legislation	Employee, with employer support	Within six months of signing the employment contract
Notify use of labour outsourcing services	Covered employer	Within seven working days of starting to use the services
Notify termination and state the reason	Covered employer	Within 10 working days of termination
Submit annual recruitment and employment information	Covered employer	Before 15 December each year
Submit a list of Vietnamese workers supplied to covered employers	Labour outsourcing enterprise	Within 10 working days of supplying the workers
Submit the annual labour outsourcing report	Labour outsourcing enterprise	Before 15 December each year

The decree provides prescribed forms for several filings, including the employer’s outsourcing notification and annual recruitment and employment information. Submissions may be made through the channels specified in the decree, including directly, by post, or electronically through the managing body’s official email address.

How does the managing body acknowledge employment records?

The managing body has 10 working days after receiving both the complete employer notification and employee dossier to notify the employer that it has accepted management of the employee’s record.

Following a termination notice, the managing body has three working days to confirm that it has ceased managing the employee’s record and return the dossier to the employee. This administrative confirmation should not be described as approval of the termination.

What does the employee dossier contain?

The dossier comprises:

• The prescribed personal information form;
• A copy of the signed employment contract; and
• The certificate confirming completion of the programme on state policies and legislation.

The initial filing consists of the personal information form and contract copy. The programme certificate is a separate dossier component associated with the employee’s training obligation.

Who manages Vietnamese employees under Decree 371?

Article 5 provides for competent managing bodies empowered through arrangements made by the Ministry of Foreign Affairs (MOFA), including delegation, authorisation, task assignment, commissioning, or tendering.

Covered employers should confirm the responsible body, official contact details, and submission arrangements before filing. MOFA’s role under this framework should not be interpreted as removing other authorities’ responsibilities under general labour legislation.

What separate Labour Code changes are under consideration?

On 21 October 2026, the Government presented a bill amending the Labour Code, the Law on Employment, and three other laws to the National Assembly.

The proposals include:

Area	Proposed change
Labour outsourcing	Replace licensing with deposit registration and notification arrangements
Employment services	Replace operating licences with notification requirements
Public holidays	Incorporate Vietnam Culture Day on 24 November into the Labour Code
Holiday announcements	Assign the Minister of Home Affairs responsibility for announcing the following year’s holiday arrangements before 30 September
Local administration	Permit commune-level registration of internal labour regulations when authorised by the competent provincial body

The proposed general commencement date is 1 March 2027, with the Culture Day amendment proposed to take effect upon adoption. These remain legislative proposals and should be distinguished from Decree 371’s enacted requirements.

The bill also addresses reforms already operating through temporary measures. Official parliamentary scrutiny refers to labour outsourcing enterprises that have notified operations under Resolution 66.18/2026/NQ-CP. Businesses should therefore check the applicable transitional framework rather than assume that all notification-based arrangements await the bill’s passage.

Is 24 November already a paid public holiday?

Yes. Article 2 of Resolution 28/2026/QH16 establishes 24 November every year as Vietnam Culture Day, when employees are entitled to leave on full pay.

The resolution was adopted on 24 April 2026 and took effect on 1 July 2026. The entitlement therefore already exists independently of the proposed Labour Code amendment. In 2026, 24 November falls on a Tuesday.

Employers should reflect the holiday in staffing and payroll arrangements.