Legal Procedures for Hiring Vietnamese Workers: A Guide for International Employers 2025
Legal Procedures for Hiring Vietnamese Workers: A Guide for International Employers 2025
Vietnam has emerged as one of the most attractive destinations for foreign investors thanks to its stable economic growth, reasonable labor costs, and abundant workforce. However, international employers must comply with numerous legal requirements when hiring Vietnamese workers to ensure legality, avoid unnecessary risks, and protect employee rights.
This article provides a comprehensive guide for international employers who wish to operate in Vietnam or recruit Vietnamese workers abroad. It covers the labor law framework, recruitment procedures, employer obligations, potential legal risks, and proposed solutions.
Overview of Vietnam’s Labor Law Framework
1. Labor Law System
Vietnam’s labor law system is relatively comprehensive and includes several key legal documents:
Labor Code 2019: The foundational law that governs the rights and obligations of employees and employers, contract signing, working conditions, labor discipline, etc.
Employment Law 2013: Regulates employment policies, employment service centers, and labor management.
Social Insurance Law 2014, Occupational Safety and Health Law 2015, Law on Vietnamese Workers Working Abroad under Contracts 2020: Supplement social policy regulations and protect workers’ rights both domestically and abroad.
In addition, government decrees and circulars provide detailed guidelines for implementing these laws in practice.
2. Government Regulatory Agencies
The central regulatory authority for labor is the Ministry of Labor, Invalids and Social Affairs (MOLISA). MOLISA is responsible for policymaking, inspection, and monitoring compliance with labor laws.
At the local level, the Departments of Labor, Invalids and Social Affairs are responsible for labor registration, dispute resolution, and guiding businesses in compliance.
3. Fundamental Principles in Labor Relations
Voluntariness, equality, and goodwill
Respect for labor agreements
Protection of legal rights of employees
No discrimination in employment
These principles form the foundation for labor actions and policies and are essential for assessing the legality of labor relations between international businesses and Vietnamese workers.
Legal Procedures for Hiring Vietnamese Workers
1. Identifying Recruitment Needs
Employers should clearly define the number of workers, job positions, qualifications, skills, working hours, expected salaries, and recruitment method (domestic or overseas placement). This supports a suitable recruitment plan and preparation of legal documents.
2. Public Recruitment Announcement
As required by law, employers must publicly announce recruitment information through employment service centers or mass media. This ensures transparency and equal access for job seekers.
3. Signing a Labor Contract
Once a suitable candidate is selected, the employer and employee must sign a written labor contract detailing:
Job description and workplace
Contract term (fixed or indefinite)
Salary, working hours, rest periods
Rights and obligations of both parties
The labor contract is a legal basis for protecting rights and resolving disputes.
4. Labor Registration and Compulsory Insurance Participation
Employers are required to report new hires to the local Department of Labor, Invalids and Social Affairs. They must also register employees for the following mandatory insurance schemes:
Social insurance
Health insurance
Unemployment insurance
This is not only a legal obligation but also reflects business ethics and compliance.
5. Training and Orientation
Employers may organize training and orientation programs on job duties, workplace regulations, and company culture to help workers integrate and work efficiently.
6. Hiring Vietnamese Workers for Overseas Employment
If an international employer intends to hire Vietnamese workers for jobs abroad, they must follow a separate process under the Law on Vietnamese Workers Working Abroad under Contracts 2020:
Register labor supply contracts with the Department of Overseas Labor Management (under MOLISA)
Obtain permits for workers to work abroad
Sign a tripartite contract (employer, worker, and foreign partner)
Ensure transparent and fair terms and costs for workers
Obligations and Responsibilities of International Employers
1. Compliance with Vietnamese Law
All international employers operating in Vietnam must comply with Vietnamese labor regulations, regardless of whether they are investors or only engaging in recruitment activities.
2. Ensuring Workers’ Rights
Pay wages fully and on time
Prohibit discrimination or forced labor
Provide a safe and healthy working environment
Fulfill all insurance and leave entitlements
3. Record Keeping and Reporting
Employers are obligated to maintain employee records and periodically report labor usage and social insurance participation to authorities.
4. Resolving Labor Disputes
In case of labor disputes, employers should actively negotiate and reconcile with employees or request mediation from labor mediators or labor courts.
Vietnam Manpower Supply Group (VMS Group) – Vietnam’s leading labor supplier
Vietnam Manpower Supply Group (VMS Group) is one of the leading companies in Vietnam in the field of human resource supply. Established with the mission of meeting the labor needs of domestic and foreign enterprises, Vietnam Manpower Supply Group has continuously developed and affirmed its position in the market.
Since its establishment, Vietnam Manpower Supply Group has oriented its operations on the basis of core values including professionalism, prestige and quality. Vietnam Manpower Supply Group’s staff not only has high professional qualifications but also possesses rich experience in providing optimal human resource solutions for customers.
Why cooperate with Vietnam Manpower Supply Group?
- Long-term experience: Vietnam Manpower Supply has many years of experience in the field of human resource supply, serving a variety of industries and international markets.
- Extensive network of partners: With strong relationships with domestic and foreign enterprises, ensuring that human resources are always arranged and allocated effectively.
- Strict selection process: The team of recruitment experts conducts a strict candidate assessment process, ensuring quality and suitability for job requirements.
- Comprehensive services: Not only stopping at human resource supply, Vietnam Manpower Supply Group also provides training solutions, legal support and employee care.
- Reputation and professionalism: Affirmed through many years of operation, VMS Group is a trusted partner of hundreds of businesses worldwide.
- Dedicated support: We always put the interests of customers and employees first, with timely and effective consulting and support services.
Please contact us for more details:
☎ Whatsapp: +84853525085
🌐 Website: vietnammanpower.group
📩 Email: infor@vietnammanpower.group
It’s our pleasure to support you!
Hiring Vietnamese workers brings significant opportunities for international companies. However, it also comes with strict legal obligations. Understanding and complying with the Labor Code, Employment Law, and related legal documents will help businesses avoid risks, maintain professionalism, and ensure sustainable development in the Vietnamese market.
International employers are advised to work closely with legal experts, HR consulting firms, and government agencies to ensure a transparent, legal, and effective recruitment process.