Vietnam Decree 283/2026: Foreign Worker Penalties and Work Permit Compliance
What Foreign Employers Need to Know
Vietnam has introduced an updated framework for administrative penalties in the areas of labor, social insurance, and Vietnamese workers employed overseas.
Decree 283/2026/NĐ-CP was issued on July 15, 2026, and took effect on September 10, 2026. The decree replaces the previous Decree 12/2022/NĐ-CP as the applicable framework for administrative penalties in these areas.
For companies employing foreign workers in Vietnam, one part of the new framework is particularly relevant: the penalties associated with work authorization and the employment of foreign workers.
Understanding these provisions can help HR and business teams better understand the compliance considerations that apply when employing foreign talent in Vietnam.
Key Penalties for Foreign Worker-Related Violations
Under the new framework, different penalties apply depending on the nature and scale of the violation.
Some of the key provisions concerning foreign workers include:
| Compliance issue | Applicable penalty |
| Foreign worker works without the required work permit or relevant exemption | VND 15–25 million for the individual |
| Employer employs 1–10 foreign workers without the required authorization | VND 30–45 million |
| Employer employs 11–20 foreign workers without the required authorization | VND 45–60 million |
| Employer employs 21 or more foreign workers without the required authorization | VND 60–75 million |
| Foreign worker works in a manner inconsistent with the contents of their work permit or relevant exemption | VND 5–10 million per worker, subject to the applicable maximum |
| Certain falsified or altered documents relating to foreign-worker procedures | VND 40–60 million |
The decree also provides for additional administrative measures in certain circumstances, including the confiscation of relevant violation-related materials and, where applicable, expulsion of a foreign worker.
The exact application of a penalty depends on the specific violation and circumstances set out in the decree. The figures above should therefore be understood as a high-level overview rather than a substitute for reviewing the applicable provision.
Compliance Is Not Only About Having a Valid Work Permit
One of the more relevant points for employers is that foreign-worker compliance does not stop at obtaining a valid work permit.
The decree also addresses situations where a foreign worker is employed in a manner that is inconsistent with the contents of their work permit or relevant exemption documentation.
This distinction matters because employment arrangements can naturally evolve.
For example, an employee may initially join a company in a technical role. Over time, their responsibilities may expand to include team leadership, broader decision-making, or other duties that differ from the original arrangement.
This does not necessarily mean that the company is automatically in violation.
However, changes in an employee’s position or responsibilities can be a useful point at which to review whether the current employment arrangement remains aligned with the applicable work authorization.
What Should Employers Pay Attention To?
For companies employing foreign workers in Vietnam, a practical review can start with a few basic questions:
1. Is the work authorization still valid?
Companies can keep track of the validity period of each employee’s applicable work permit or exemption documentation.
2. Does the employee’s current position remain aligned?
If an employee has changed roles, received a promotion, or moved into a substantially different position, it may be appropriate to review the relevant authorization.
3. Have the employee’s responsibilities changed?
Job responsibilities can evolve even when a formal job title remains unchanged. Reviewing the actual employment arrangement can therefore be useful when responsibilities have changed significantly.
4. Have there been other changes to the employment arrangement?
Changes in employment circumstances may warrant a further compliance review, particularly where they affect information or conditions associated with the employee’s authorization.
5. Are employment and authorization records up to date?
Maintaining accurate and current documentation can make it easier for HR and operations teams to understand the status of their foreign workforce and identify when further review may be appropriate.
A Shift from One-Time Compliance to Ongoing Review
Employment compliance is sometimes viewed as a point-in-time process: prepare the required documents, obtain the relevant authorization, and complete the onboarding process.
Employment itself, however, is rarely static.
People change roles. Responsibilities evolve. Teams grow. Business needs change.
For this reason, foreign-worker compliance can be viewed as an ongoing process rather than a one-time administrative task.
Decree 283/2026 provides an important reminder of this principle by addressing not only unauthorized employment, but also situations where the actual employment arrangement is inconsistent with the applicable work authorization.
What Does Decree 283/2026 Mean for Foreign Employers?
The practical takeaway is not simply that employers now face new or updated penalties.
Rather, the decree highlights the importance of keeping employment arrangements, documentation, and work authorization aligned as circumstances change.
For companies employing foreign workers in Vietnam, this can mean periodically reviewing:
- Work permit or exemption validity
- Current position and responsibilities
- Changes to the employee’s employment arrangement
- Relevant employment documentation
- Whether any changes require additional review under applicable Vietnamese regulations
Decree 283/2026 is now in effect as of September 10, 2026. For international employers, understanding the new framework is a useful first step toward maintaining an employment setup that remains aligned with Vietnam’s current requirements.
📌 Employing foreign talent in Vietnam?
Work permit validity is only the starting point — position changes, promotions and evolving responsibilities can all affect whether your foreign-worker arrangements stay aligned with Vietnamese requirements. Remoly’s global employment experts can help you review your setup and keep documentation in order.
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This article is intended for general informational purposes only and does not constitute legal advice. Specific compliance requirements may depend on the circumstances of the employer and employee and should be assessed against the applicable Vietnamese regulations.
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