Short answer: Sending Vietnamese workers abroad under contract is a conditional business line — a company may operate only with a license for overseas employment services issued by the Minister of Home Affairs (formerly the Minister of Labour, Invalids and Social Affairs). Operating without a license is strictly prohibited; using another company’s license or lending yours to others is equally banned — Article 7.5 of Law 69/2020/QH14.
1. Legal framework in force as of 14/10/2026
- Law 69/2020/QH14 on Vietnamese workers going abroad under contract (13/11/2020, effective 01/01/2022) — replacing Law 72/2006/QH11; consolidated text 14/VBHN-VPQH (02/8/2023).
- Decree 112/2021/ND-CP (10/12/2021, effective 01/01/2022) guiding the Law — amended by Decree 372/2025/ND-CP (31/12/2025, effective 01/01/2026), which changed the licensing authority and shortened the license-exchange timeline.
- Decree 12/2022/ND-CP (17/01/2022) — administrative sanctions in this sector (verify article numbers and fine amounts against the original text before relying on any figure; this article cites none).
2. The six licensing conditions (Article 10.1)
Article 10.1 of Law 69/2020/QH14 requires:
- Charter capital of VND 05 billion or more, with 100% of owners/members/shareholders being domestic investors;
- Escrow deposit placed as prescribed (see section 3);
- A legal representative who is a Vietnamese citizen, holds at least a university degree, has 05 years of experience in overseas employment services, and has no criminal prosecution record or criminal record for the listed offences;
- Qualified professional staff meeting Decree 112/2021 standards: college degree or higher in law, humanities or management (or a college degree plus 02 years of experience); with labour contracts and compulsory social insurance;
- Physical facilities meeting orientation-training requirements for workers;
- An electronic information portal.
3. Escrow: VND 2 billion
Under Article 24 of Law 69/2020 and Article 23 of Decree 112/2021, the company must deposit VND 2,000,000,000 at a bank or foreign bank branch lawfully operating in Vietnam. Where tasks are assigned to a branch, an additional VND 500,000,000 per branch must be deposited. The escrow secures the company’s obligations toward workers.
4. Dossier, authority and processing timeline
Dossier (Article 12.1): application letter; copy of the Enterprise Registration Certificate; documents proving satisfaction of the Article 10 conditions.
Authority: the Law still names the Minister of Labour, Invalids and Social Affairs, but following the administrative restructuring and Decree 372/2025 amending Article 3 of Decree 112/2021, licensing authority now rests with the Minister of Home Affairs.
Timeline: 20 days from receipt of a complete, valid dossier; a refusal must be answered in writing with reasons stated — Article 12.2.
5. Adjusting, reissuing, exchanging and revoking the license
- Adjusting license information: 05 working days, free of charge — Article 13;
- Reissuing a lost or damaged license: 05 working days, free of charge — Article 14;
- Exchanging the license: 07 working days — shortened from 10 days by Decree 372/2025 (amending Article 11.2 of Decree 112/2021);
- Revocation — Article 16.2 lists 5 cases: forged application dossier; failure to maintain the Article 10 conditions; 24 consecutive months without sending workers abroad; violations of Article 7.1, 7.2, 7.5, 7.6, 7.7, 7.8, 7.11, 7.12, 7.13; breaches of Article 26 obligations causing serious harm to workers.
Note: this article does not state the license term, as the governing article could not be verified against the original text — check Law 69/2020 directly before relying on any stated duration.
6. Extra procedures for Taiwan (China) and Japan
Under Articles 15a and 15b of Decree 112/2021 (added by Decree 372/2025): before sending workers to Taiwan (China), Japan or to caregiving jobs in Japan, the company must notify online that it meets the market/occupation conditions, and notify the list of prospective workers — the Ministry of Home Affairs confirms within 03 working days. This is an additional layer on top of the license; companies in these two markets must not skip it.
7. Practical risks and recommendations
- Absolute ban on unlicensed operation, using another company’s license, or lending your license to others (Article 7.5) — violations can lead to license revocation and administrative sanctions;
- Foreign investors cannot enter this sector: 100% domestic capital is mandatory (Article 10(a)), and the service sits in Appendix I of Decree 96/2026/ND-CP on business lines not yet open to foreign investors;
- Watch the legislative agenda: a draft law amending Law 69/2020 is in the 2026 legislative program (aiming to remove “sub-licenses” under Resolution 366/NQ-CP) — do not treat the current licensing regime as permanently stable;
- Maintain conditions continuously: the license may be revoked if the six Article 10 conditions lapse or if no workers are sent for 24 consecutive months — review periodically, especially after capital, key-personnel or branch changes.
Frequently asked questions
Who issues the overseas employment service license?
The Minister of Home Affairs (formerly the Minister of Labour, Invalids and Social Affairs), after Decree 372/2025/ND-CP amended Article 3 of Decree 112/2021.
How long does licensing take?
20 days from receipt of a complete, valid dossier (Article 12.2 of Law 69/2020).
How much escrow is required?
VND 2 billion; plus VND 500 million for each branch assigned service tasks.
Can foreign investors open a labour-export company?
No. 100% of owners/members/shareholders must be domestic investors, and the sector is listed in Appendix I of Decree 96/2026/ND-CP as not open to foreign investors.
What happens for unlicensed operation?
It is a prohibited act under Article 7.5 of Law 69/2020; administrative sanctions are set out in Decree 12/2022/ND-CP — verify article numbers and fine levels against the original text before applying.
Legal sources cited
- Law 69/2020/QH14 on Vietnamese workers going abroad under contract (13/11/2020, effective 01/01/2022); consolidated text 14/VBHN-VPQH (02/8/2023).
- Decree 112/2021/ND-CP (10/12/2021, effective 01/01/2022); Decree 372/2025/ND-CP (31/12/2025, effective 01/01/2026).
- Decree 12/2022/ND-CP (17/01/2022) — administrative sanctions.
- Decree 96/2026/ND-CP — Appendix I (business lines not open to foreign investors).
Preparing an overseas employment service license application and need to review capital, escrow or dossier conditions? Reach us via the Contact page of FLAT Law Firm.
The legal content of this article is reviewed by FLAT’s AI Legal Council and submitted to the owner for approval; it is not an opinion of a licensed lawyer and does not replace legal advice for specific cases.
For reference only, not legal advice.