The Vietnamese Government issued Decree No. 283/2026/ND-CP on July 15, 2026, introducing administrative penalties in the fields of labor, social insurance and Vietnamese workers working abroad under contracts.
The Decree will take effect on September 10, 2026, replacing Decree No. 12/2022/ND-CP.
PENALTIES FOR FOREIGN WORKERS
Foreign workers may be fined from VND 15 million to VND 25 million for:
- Working in Vietnam without a valid Work Permit;
- Working without a valid certification of exemption from a Work Permit, where required;
- Using an expired Work Permit;
- Using an expired certification of exemption from a Work Permit.
Foreign workers committing these violations may also be expelled from Vietnam.
PENALTIES FOR EMPLOYERS
Employers using foreign workers without valid work authorization may face the following prescribed penalty brackets:
- VND 30–45 million for violations involving 1–10 foreign workers;
- VND 45–60 million for violations involving 11–20 foreign workers;
- VND 60–75 million for violations involving 21 or more foreign workers.
These penalties apply when an employer uses foreign workers who do not have valid Work Permits or certifications of exemption, or whose documents have expired.
Under the general penalty principle of the Decree, the stated fines generally apply to individuals. The fine imposed on an organization may be twice the amount imposed on an individual, except where the Decree provides otherwise.
WORKING INCONSISTENTLY WITH PERMIT INFORMATION
Employers may be fined from VND 5 million to VND 10 million for each foreign worker, subject to the applicable maximum, if they use a foreign worker inconsistently with the information stated in the employee’s:
- Work Permit;
- Certification of exemption from a Work Permit.
Employers should ensure that the employee’s actual job position, title, workplace, employer and other employment details remain consistent with the approved documents.
NOTIFICATION AND DOCUMENT RETURN VIOLATIONS
A fine of VND 1–3 million may apply when an employer:
- Fails to submit a required notification;
- Submits the notification after the prescribed deadline;
- Provides incomplete notification information.
This includes certain notification requirements for foreign workers employed by the same employer in multiple provinces or centrally governed cities.
A fine of VND 5–10 million for each foreign worker, subject to the applicable maximum, may apply if an employer:
- Fails to collect a Work Permit when required;
- Collects the permit after the prescribed deadline;
- Fails to return a Work Permit to the issuing authority;
- Fails to collect or return a certification of exemption from a Work Permit;
- Fails to submit the required report relating to the returned document.
In addition to the monetary penalty, the employer may be required to complete the outstanding notification or return the relevant document.
ALTERED OR FORGED APPLICATION DOCUMENTS
Employers may be fined from VND 40 million to VND 60 million for:
- Altering documents;
- Misrepresenting information in application documents;
- Using forged documents in an application.
The rule covers applications for the issuance, reissuance or extension of a Work Permit and applications involving certification of exemption from a Work Permit.
Altered or forged documents may be confiscated. Cases showing signs of a criminal offence may be transferred to the competent authorities for further investigation.
IMPORTANT COMPLIANCE CONSIDERATIONS
Before the Decree takes effect, employers and foreign workers should verify:
- The validity of existing Work Permits;
- The validity of certifications of exemption;
- Consistency between approved documents and actual employment conditions;
- Notification requirements for work conducted in multiple provinces or cities;
- Deadlines for extending, collecting or returning Work Permits;
- The accuracy and authenticity of all application documents.
Foreign workers who continue working after their authorization expires and employers who continue using such workers after September 10, 2026 may be subject to the new penalties because the violation remains ongoing when the Decree becomes effective.