Decree No. 372/2025/NĐ-CP Amending and supplementing some articles of Decree No. 112/2021/NĐ-CP dated December 10, 2021 of the Government detailing some provisions and measures for implementing the Law on Vietnamese Workers Going to Work Abroad under Contracts.

DECREE

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 112/2021/NĐ-CPDATED DECEMBER 10, 2021 ISSUED BY THE GOVERNMENT PROVIDING GUIDELINES FOR SOME PROVISIONS AND MEASURES TO IMPLEMENT THE LABORER LAW OF VIETNAM WORKING ABROAD UNDER CONTRACT LABORER LAW OF VIETNAM WORKING ABROAD UNDER CONTRACT NO. 69/2020/QH14;

On the basis of 61/2014/QH13;

On the basis of INVESTMENT LAW NO. 61/2020/QH14;

On the basis of BUSINESS LAW NO. 59/2020/QH14

On the basis of AND and LAW AMENDING THE BUSINESS LAW NO. 76/2025/QH15;

||| Based on the proposal of the Minister of Home Affairs;

THE GOVERNMENT ISSUES THE DECREE AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 112/2021/NĐ-CP DATED DECEMBER 10, 2021 ISSUED BY THE GOVERNMENT PROVIDING GUIDELINES FOR SOME PROVISIONS AND MEASURES TO IMPLEMENT THE LABORER LAW OF VIETNAM WORKING ABROAD UNDER CONTRACT.

ARTICLE 1. AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 112/2021/NĐ-CP DATED DECEMBER 10, 2021 ISSUED BY THE GOVERNMENT PROVIDING GUIDELINES FOR SOME PROVISIONS AND MEASURES TO IMPLEMENT THE LABORER LAW OF VIETNAM WORKING ABROAD UNDER CONTRACT

1. AMENDING AND SUPPLEMENTING ARTICLE 3 AS FOLLOWS:

"ARTICLE 3. LICENSE FOR OPERATING SERVICES TO SEND VIETNAMESE LABORERS ABROAD UNDER CONTRACT

1. THE LICENSE FOR OPERATING SERVICES TO SEND VIETNAMESE LABORERS ABROAD UNDER CONTRACT (HEREINAFTER REFERRED TO AS THE LICENSE) IS ISSUED BY THE MINISTER OF INTERIOR TO A BUSINESS ENTERPRISE THAT SATISFIES ALL CONDITIONS PROVIDED FOR IN CLAUSE 1 OF ARTICLE 10 OF THE LABORER LAW OF VIETNAM WORKING ABROAD UNDER CONTRACT AND THIS DECREE.

2. THE LICENSE IS ISSUED IN THE FORM OF MODEL 01 ANNEX I ATTACHED TO THIS DECREE."

2. AMENDING AND SUPPLEMENTING CLAUSE 1 AND CLAUSE 3 OF ARTICLE 4 AS FOLLOWS:

"1. A BUSINESS ENTERPRISE SHALL ASSIGN STAFF WITH ACADEMIC QUALIFICATIONS OF COLLEGE LEVEL OR HIGHER TO PERFORM ALL ACTIVITIES AS PROVIDED FOR IN ARTICLE 9 OF THE LABORER LAW OF VIETNAM WORKING ABROAD UNDER CONTRACT.

3. A BRANCH ASSIGNED BY A SERVICE BUSINESS TO CARRY OUT SOME ACTIVITIES AS PROVIDED FOR IN ARTICLE 9 OF THE LABORER LAW OF VIETNAM WORKING ABROAD UNDER CONTRACT MUST HAVE STAFF WITH ACADEMIC QUALIFICATIONS OF COLLEGE LEVEL OR HIGHER TO PERFORM THE ASSIGNED ACTIVITIES AND MEET THE STANDARDS PROVIDED FOR IN CLAUSE 2 OF THIS ARTICLE."

3. AMENDING AND SUPPLEMENTING POINT C OF CLAUSE 1 AND CLAUSE 3 OF ARTICLE 5 AS FOLLOWS:

"c) A RESIDENT ROOM WITH A MINIMUM AREA OF 3.5 M²/STUDENT, EQUIPPED WITH BASIC FACILITIES TO ENSURE SUITABLE LIVING CONDITIONS; THE NUMBER OF STUDENTS PER ROOM SHALL NOT EXCEED 12; SEPARATE AREAS MUST BE PROVIDED FOR MALE AND FEMALE STUDENTS (IF THERE ARE FEMALE STUDENTS), WITH ENOUGH BATHROOMS AND TOILETS."

3. A BRANCH ASSIGNED BY A SERVICE BUSINESS TO ORGANIZE ORIENTATION EDUCATION MUST HAVE INFRASTRUCTURE TO ENSURE SAFE AND HYGIENIC CONDITIONS; CLASSROOMS AND RESIDENTIAL ROOMS MUST COMPLY WITH THE REQUIREMENTS SET OUT IN POINT B AND POINT C OF CLAUSE 1 OF THIS ARTICLE."

4. AMENDING AND SUPPLEMENTING ARTICLE 6 AS FOLLOWS:

"ARTICLE 6. CONDITIONS FOR ELECTRONIC INFORMATION WEBSITE

1. THE ELECTRONIC INFORMATION WEBSITE OF A SERVICE BUSINESS MUST USE THE NATIONAL DOMAIN NAME ".VN", DISPLAY THE IMAGE OF THE MOST RECENTLY ISSUED LICENSE AND INFORMATION AS PROVIDED FOR IN POINT B OF CLAUSE 2 OF ARTICLE 26 OF THE LABORER LAW OF VIETNAM WORKING ABROAD UNDER CONTRACT.

2. WITHIN SEVEN DAYS FROM THE DATE OF ANY CHANGE IN THE INFORMATION AS PROVIDED FOR IN POINT B OF CLAUSE 2 OF ARTICLE 26 OF THE LABORER LAW OF VIETNAM WORKING ABROAD UNDER CONTRACT, THE SERVICE BUSINESS MUST UPDATE SUCH INFORMATION ON ITS ELECTRONIC INFORMATION WEBSITE."

5. AMENDING AND SUPPLEMENTING POINT A, POINT C, POINT D OF CLAUSE 2 OF ARTICLE 7 AND CLAUSE 3 AS FOLLOWS:

"2. DOCUMENTS PROVING COMPLIANCE WITH THE CONDITIONS SET OUT IN ARTICLE 10 OF THE LABORER LAW OF VIETNAM WORKING ABROAD UNDER CONTRACT:

a) ONE COPY OF THE MOST RECENT MEMBERSHIP REGISTRATION BOOK FOR A LIMITED LIABILITY COMPANY OR A JOINT STOCK COMPANY; ONE COPY OF THE MOST RECENT SHAREHOLDER REGISTRATION BOOK FOR A JOINT STOCK COMPANY.

c) ONE COPY OF THE ACADEMIC DEGREE CERTIFICATE; ONE COPY OF THE DOCUMENT PROVING WORK EXPERIENCE (SHOWN IN ONE OF THE FOLLOWING DOCUMENTS: APPOINTMENT DECISION OR EMPLOYMENT CONTRACT, EMPLOYMENT CONTRACT TERMINATION NOTICE; SOCIAL INSURANCE PARTICIPATION PERIOD NOTIFICATION; WORK EXPERIENCE CONFIRMATION LETTER FROM THE PLACE OF WORK) OF THE LEGAL REPRESENTATIVE.

d) ONE ORIGINAL LIST OF SPECIALIZED STAFF PERFORMING SERVICES TO SEND VIETNAMESE LABORERS ABROAD UNDER CONTRACT IN THE FORM OF MODEL 04 ATTACHED TO THIS DECREE; ONE COPY OF THE ACADEMIC DEGREE CERTIFICATE, FOREIGN LANGUAGE CERTIFICATE (IF ANY) FOR EACH SPECIALIZED STAFF;

3. IN CASE OF CHANGES IN SPECIALIZED STAFF OR INFRASTRUCTURE, THE SERVICE BUSINESS MUST UPDATE THE INFORMATION IN THE DATABASE OF VIETNAMESE LABORERS WORKING ABROAD UNDER CONTRACT WITHIN SEVEN DAYS FROM THE DATE OF THE CHANGE AND SEND A NOTICE TO THE MINISTRY OF INTERIOR ALONG WITH THE DOCUMENTS PROVING THE CHANGES AS PROVIDED FOR IN CLAUSE 2 OF THIS ARTICLE."

6. AMENDING AND SUPPLEMENTING ARTICLE 8 AS FOLLOWS:

"ARTICLE 8. ONLINE PROCESSING OF LICENSE APPLICATIONS THROUGH ELECTRONIC INFORMATION SYSTEMS

1. THE MINISTRY OF FINANCE WILL SHARE DATA ON THE NAME OF THE BUSINESS, BUSINESS CODE, HEADQUARTER ADDRESS, BUSINESS LINE; THE NAME AND IDENTITY OF THE LEGAL REPRESENTATIVE, CAPITAL OF THE BUSINESS TO THE MINISTRY OF INTERIOR FOR REFERENCE IN ISSUING THE LICENSE.

2. THE MINISTRY OF PUBLIC SECURITY WILL SHARE INFORMATION ON THE CRIMINAL RECORD OF THE LEGAL REPRESENTATIVE OF THE BUSINESS APPLYING FOR THE LICENSE AND THE BUSINESS ALREADY ISSUED THE LICENSE TO THE MINISTRY OF INTERIOR FOR REFERENCE IN THE LEGAL REPRESENTATIVE'S CONDITION. IF THE CRIMINAL RECORD DATA HAS NOT BEEN LINKED, THE MINISTRY OF INTERIOR WILL ISSUE A LETTER TO THE MINISTRY OF PUBLIC SECURITY TO VERIFY THE INFORMATION OF THE LEGAL REPRESENTATIVE OF THE BUSINESS OR USE THE ELECTRONIC VERSION ISSUED ON THE VNEID APPLICATION.

3. THE MINISTRY OF INTERIOR WILL SHARE INFORMATION ON THE LICENSE ISSUED WITH THE MINISTRIES OF FINANCE AND PUBLIC SECURITY TO MANAGE THE SERVICE BUSINESSES.

4. THE COOPERATION AND LINKAGE BETWEEN THE MINISTRIES OF PUBLIC SECURITY, FINANCE, AND INTERIOR WILL BE IMPLEMENTED THROUGH THE CONNECTION AND SHARING OF DATA BETWEEN NATIONAL DATABASES AS PROVIDED FOR BY LAW."

7. AMENDING AND SUPPLEMENTING CLAUSE 2 OF ARTICLE 11 AS FOLLOWS:

"2. PROCEDURE:

a) A SERVICE BUSINESS SUBMITS ONE SET OF APPLICATION DOCUMENTS DIRECTLY OR THROUGH POSTAL SERVICES TO THE MINISTRY OF INTERIOR OR ONLINE AT THE NATIONAL PUBLIC SERVICE PORTAL https://dichvucong.gov.vn.

b) Within seven working days from the date of receiving complete files as prescribed, the Minister of Interior shall examine and issue a new License to the service enterprise. In case of not issuing a new License, the Ministry of Interior shall provide a written response stating the specific reasons.

8. Amend and supplement Article 12 as follows:

"Article 12. Conditions for operating services to send Vietnamese workers to work in Taiwan (China)

1. The enterprise has been granted a License and has notified compliance with market, industry, and profession conditions as stipulated in Article 15a of this Decree.

2. The enterprise has business staff with a minimum Chinese language proficiency level of HSK5 or equivalent and experience in sending Vietnamese workers to work in Taiwan (China).

3. The enterprise has not been penalized for violations of laws related to sending Vietnamese workers to work abroad under contracts within two years prior to the date of notifying compliance with conditions for sending workers to work in Taiwan (China)."

9. Amend and supplement Article 15 as follows:

"Article 15. Conditions for operating services to send Vietnamese workers to work in Japan

1. The enterprise has been granted a License and has notified compliance with market, industry, and profession conditions as stipulated in Article 15a of this Decree.

2. The enterprise has business staff with a minimum Japanese language proficiency level of N2 (JLPT standard) or equivalent and experience in sending Vietnamese workers to work in Japan.

3. In cases where enterprises send workers to work as nursing aides in Japan, in addition to the conditions stipulated in Clause 1 and Clause 2 of this Article, the enterprise must meet the following conditions:

a) Having teachers to train nursing skills for workers according to Japan's program;

b) Having training facilities or linked training facilities of the enterprise with vocational education institutions equipped with basic audio-visual equipment for Japanese language training, and practical training rooms equipped with wheelchairs, mobility aids, medical beds, dining tables and chairs, wall-mounted handrails, shower chairs, bathtubs, automatic toilets, and cabinets for medical supplies to serve the training of nursing skills according to Japan's program."

10. Add Article 15a as follows:

"Article 15a. Notification of Compliance with Market and Profession Conditions

1. Before implementing activities to send workers to work in Taiwan (China), Japan, and nursing aide jobs in Japan, the enterprise must notify online on the Database System for Vietnamese Workers Working Abroad Under Contracts about compliance with market and profession conditions as stipulated in Articles 12 and 15 of this Decree.

2. Immediately after successfully completing the online notification as stipulated in Clause 1 of this Article, the enterprise is permitted to operate the sending of workers to work in the markets and professions that have been notified.

3. In cases where the enterprise ceases operations to send workers to work in the markets and professions that have been notified as compliant with conditions as stipulated in Clause 1 of this Article, the enterprise must notify the cessation of operations online on the Database System for Vietnamese Workers Working Abroad Under Contracts. After successfully completing the cessation notification, the enterprise is no longer required to maintain the corresponding conditions stipulated in Articles 12 and 15 of this Decree.

4. The Ministry of Interior is responsible for notifying and updating information on enterprises that comply with operational conditions, do not comply with operational conditions, or enterprises that cease operations to send workers to work in Taiwan (China), Japan, and nursing aide jobs in Japan to the competent authorities of the receiving countries and territories for coordination in management.

5. In cases where the Database System for Vietnamese Workers Working Abroad Under Contracts encounters transmission, technical issues, or force majeure events that interrupt the implementation of the provisions stipulated in Clause 1 of this Article, the enterprise shall submit one paper copy of the Notification according to Form No. 10 attached as Appendix I of this Decree to the Ministry of Interior."

11. Add Article 15b as follows:

"Article 15b. Notification of List of Workers Expected to Work Abroad

1. The notification of the list of workers expected to work abroad as required by the receiving country or territory shall be conducted online on the Database System for Vietnamese Workers Working Abroad Under Contracts.

2. The enterprise enters the notification of the list of workers expected to work abroad under approved labor supply contracts, including the following information about the workers:

a) Full name; date of birth; gender;

b) Place of origin;

c) Place of permanent residence;

d) Personal identification number;

đ) Passport number;

e) Contact phone number in Vietnam;

g) Anticipated departure date;

h) Contact phone number of relatives in Vietnam.

3. Within three working days from the date of receiving the list of workers, the Ministry of Interior shall be responsible for confirming the enterprise's notification.

4. In cases where the Database System for Vietnamese Workers Working Abroad Under Contracts encounters transmission, technical issues, or force majeure events that interrupt the implementation of the provisions stipulated in Clause 1 or Clause 3 of this Article, the enterprise shall submit one paper copy of the list of workers expected to work abroad under approved labor supply contracts and include the information stipulated in Clause 2 of this Article to the Ministry of Interior."

12. Amend and supplement Article 20 as follows:

"Article 20. Conditions for Operating Services to Send Vietnamese Workers to Work as Domestic Helpers Abroad

1. The enterprise has been granted a License.

2. The enterprise must meet the following conditions:

a) Having enterprise staff permanently stationed abroad with appropriate language proficiency and experience in sending Vietnamese workers to work in the receiving country.

b) Having business staff with experience in sending Vietnamese workers to work in the receiving country."

13. Amend and supplement the name of the Article and Clause 7 of Article 39 as follows:

"Article 39. Responsibilities of the Ministry of Interior"

7. Maintain and regularly update on the electronic information website (www.dolab.moha.gov.vn) regarding policies and regulatory legal documents concerning Vietnamese workers going to work abroad under contracts; information about international treaties and agreements that Vietnam has signed related to Vietnamese workers going to work abroad under contracts; policies and laws of labor receiving markets; a list of businesses operating services for sending Vietnamese workers to work abroad under contracts; administrative penalty information in the field of Vietnamese workers going to work abroad under contracts; a list of businesses returning or having their Operating Permit revoked for services sending Vietnamese workers to work abroad under contracts.

14. Replace certain phrases as follows:

“a) Replace the phrase “Electronic portal www.dolab.gov.vn” with the phrase “Electronic information website www.dolab.moha.gov.vn” in Clause 1, Article 38;

b) Replace the phrase “Ministry of Planning and Investment” with the phrase “Ministry of Finance” in the name of Article 42;

c) Replace the phrase “Ministry of Labor, Invalids and Social Affairs” with “Ministry of Home Affairs” in Articles 9, 10, 25, 28, 32, 38, 40, 41, 42, 43, 44.”

15. Repeal certain sections, articles, clauses, and points as follows:

a) Repeal Section 1, Section 2, Section 3 in Chapter III.

b) Repeal Clause 2 and Clause 4 of Article 5, Clause 4 of Article 7, Article 13, Article 14, Article 16, Article 17, Article 18, Article 19, Clause 2 of Article 23;

16. Repeal, replace, and supplement certain forms in Appendix I as follows:

a) Repeal Form No. 07, Form No. 08, Form No. 09;

b) Replace Form No. 01, Form No. 02, Form No. 03, Form No. 04, Form No. 05, Form No. 06, Form No. 10, Form No. 11, Form No. 12 respectively with Form No. 01, Form No. 02, Form No. 03, Form No. 04, Form No. 05, Form No. 06, Form No. 07, Form No. 08, Form No. 09 promulgated together with this Decree;

c) Supplement Form No. 10 regarding Notification of Compliance with Market, Industry, and Profession Conditions.

Article 2. Effective Date

This Decree takes effect from January 1, 2026.

Article 3. Transitional Provisions

1. For registration files for service activities sending Vietnamese workers to work in the Taiwan (China), Japan markets or as nursing aides in Japan received before the effective date of this Decree, they shall continue to be processed according to the procedures and formalities stipulated in Decree No. 112/2021/NĐ-CP and Decree No. 128/2025/NĐ-CP dated June 11, 2025 of the Government on decentralization and delegation of authority in state management in the home affairs sector.

2. For lists of workers expected to go to work abroad received before the effective date of this Decree, they shall continue to be processed according to the procedures and formalities stipulated in Decree No. 112/2021/NĐ-CP.

3. For application files for issuance and renewal of Operating Permits received before the effective date of this Decree, they shall continue to be processed according to the provisions of Decree No. 112/2021/NĐ-CP.

4. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of provincial and municipal People's Committees directly under the central government, and relevant organizations and individuals are responsible for implementing this Decree.