Vietnam Foreign Worker Penalties Under Decree 283

From 10 September 2026, Decree No. 283/2026/ND-CP will replace Decree No. 12/2022/ND-CP as Vietnam’s framework for administrative penalties relating to labour, social insurance, and related violations. For foreign-worker compliance, Decree 283 retains the principal penalties for unauthorised employment while introducing or specifying offences relating to notification duties, assignment mismatches, document recovery and return, and falsified application documents.

What changes on 10 September

Decree 283 retains the principal fines for working without required authorisation, using expired documents, and employing unauthorised foreign workers. It also aligns the penalty framework with Decree No. 219/2025/ND-CP, which has governed the employment of foreign workers since 7 August 2025, and establishes more specific offences covering notification failures, work that does not match approved authorisation, document recovery and return, and falsified application documents.

Violations completed before 10 September are generally handled under the rules then in force. Violations that began earlier but continue after Decree 283 takes effect will be handled under the new decree. Employers should therefore correct live gaps before implementation rather than assume an earlier start date preserves the old framework.

Penalties and employer compliance risks

Penalties for foreign workers without valid authorisation

A foreign employee who works without a required work permit or certificate confirming exemption from the work-permit requirement may be fined VND 15 million to VND 25 million (approximately US$571 to US$952). The same range applies when the employee uses an expired permit or exemption certificate. In either case, the employee may also be expelled from Vietnam under Article 13, increasing the potential disruption to personnel and business operations.

Past enforcement illustrates the disruption that unauthorised work can cause. In 2019, construction and power company An Huy 1 Co. Ltd was fined VND 135 million and prohibited from employing foreign workers for two months after 193 Chinese-national workers were found to lack work permits.

Employer liabilities under the new decree

Decree 283 sets out a broader and more specific range of foreign-worker compliance offences. The table below summarises the individual fine ranges under Article 13 and the corresponding fines for organisations. Under Article 7, an organisation is generally subject to twice the fine applicable to an individual for the same offence.

Source: Decree No. 283/2026/ND-CP; organisational rates reflect Article 7. Exchange rate: VND 26,270 per US$1 on 28 August 2026.

Notification and document-return failures require closer control

Decree 283 expressly penalises notification failures by referring to the corresponding duties under Decree 219. For the specific exempt categories that are not required to obtain an exemption certificate, the employer must notify the competent authority at least three working days before the employee is expected to begin work. Employers must also give at least three working days’ notice before a foreign worker holding a work permit or exemption certificate works for the same employer in another province or centrally governed city.

For the cases covered by Articles 31(1) and 33(1) of Decree 219, employers must recover and return the invalidated work permit or exemption certificate to the issuing authority, together with the required report, within 15 days after the document ceases to be valid. Where the competent authority orders revocation under Articles 31(2) or 33(2), the employer must return the document following the authority’s notice.

The fine ranges for failing to meet these obligations are shown above.

Why FIEs face particular compliance exposure

Foreign-invested enterprises (FIEs) often deploy foreign workers across several legal entities and locations. This flexibility can create compliance risks when a promotion, change in role, or transfer to another facility means that the employee’s current work no longer matches the authorisation on record.

A further risk is fragmented responsibility across departments. Headquarters may hold immigration documents, local HR may manage attendance, a business unit may direct travel, and an external provider may prepare applications. Employers need a single record linking each employee’s legal authorisation to where and how that individual is actually working.

Businesses seeking a broader overview of eligibility, visas, tax, and social insurance can refer to Vietnam Briefing’s current guide to working in Vietnam as a foreign employee and its analysis of the work-permit rules introduced by Decree 219.

Practical steps for HR compliance

Companies employing foreign nationals should complete a focused compliance review before 10 September:

• Confirm each person’s employing entity, form of work, position, workplace, and assignment dates against the relevant documentation.
• Identify recurring travel, temporary project work, and shared management responsibilities that may require notice in an additional province or city.
• Decree 219 generally requires an extension application at least 10 days and no more than 45 days before expiry. Internal reminders should start earlier so document problems can be resolved without a gap in authorisation.
• Assign an owner for recovering and returning permits or exemption certificates, submitting the required report, and retaining evidence of filing within the applicable deadline. Distinguish cases subject to the 15-day procedure from documents that must be returned following a revocation notice from the competent authority.
• Where authorisation has expired or the assignment no longer matches the approved details, consider pausing the affected work until the correct application, reissue, or notification process is completed.

Companies need to establish that the correct authorisation remains valid, reflects the employee’s actual assignment, and is supported by timely notifications and end-of-assignment procedures. Failure to do so may expose a business to fines and significant disruptions to personnel and operations.