From 10 September, Decree No. 283/2026/ND-CP replaces 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 Changed 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 that began before 10 September but continue after Decree 283 took 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, Employer Compliance Risks
Decree 283 expands the range of compliance violations and reinforces the financial and operational consequences of failing to maintain valid work authorisation and supporting documentation.
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 U.S.$571 to U.S.$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 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.
Foreign Worker Compliance Fines Under Article 13
| | |
Required notification omitted, late, or incomplete | VND 1 million to VND 3 million (U.S.$38 to U.S.$114) | VND 2 million to VND 6 million (U.S.$76 to U.S.$228) |
Work does not match the permit or exemption certificate; required document recovery, return, or report obligations are missed | VND 5 million to VND 10 million per worker (U.S.$190 to U.S.$381), capped at VND 75 million (U.S.$2,855) | VND 10 million to VND 20 million per worker (U.S.$381 to U.S.$761), capped at VND 150 million (U.S.$5,710) |
One to 10 unauthorised workers or workers with expired authorisation | VND 30 million to VND 45 million (U.S.$1,142 to U.S.$1,713) | VND 60 million to VND 90 million (U.S.$2,284 to U.S.$3,426) |
11 to 20 unauthorised workers or workers with expired authorisation | VND 45 million to VND 60 million (U.S.$1,713 to U.S.$2,284) | VND 90 million to VND 120 million (U.S.$3,426 to U.S.$4,568) |
21 or more unauthorised workers or workers with expired authorisation | VND 60 million to VND 75 million (U.S.$2,284 to U.S.$2,855) | VND 120 million to VND 150 million (U.S.$4,568 to U.S.$5,710) |
Application documents altered, falsified, or forged below the threshold for criminal prosecution | VND 40 million to VND 60 million (U.S.$1,523 to U.S.$2,284) | VND 80 million to VND 120 million (U.S.$3,045 to U.S.$4,568) |
Notification, 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 in the table.
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.
Another 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. However, employers need a single unified record linking each employee’s legal authorisation to their actual work location and activities .
Practical Steps for HR Compliance
Companies employing foreign nationals should complete a focused compliance review that includes the following:
Confirm each person’s employing entity, form of work, position, workplace, and assignment dates against the relevant documentation
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 must ensure 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.