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THE GOVERNMENT OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 372/2025/ND-CP |
Hanoi, December 31, 2025 |
AMENDMENTS TO SOME ARTICLES OF GOVERNMENT’S DECREE NO. 112/2021/ND-CP DATED DECEMBER 10, 2021 ON ELABORATION OF SOME ARTICLES AND MEASURES FOR EXECUTING LAW ON VIETNAMESE GUEST WORKERS
Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to the Law on Vietnamese Guest Workers No. 69/2020/QH14;
Pursuant to the Law on Investment No. 61/2020/QH14;
Pursuant to the Law on Enterprises No. 59/2020/QH14 and the Law on amendments to the Law on Enterprises No. 76/2025/QH15;
At the request of the Minister of Home Affairs;
The Government promulgates Decree on amendments to some articles of Government’s Decree No. 112/2021/ND-CP dated December 10, 2021 on elaboration of some articles and measures for executing Law on Vietnamese Guest Workers.
Article 1. Amendments to some articles of Government’s Decree No. 112/2021/ND-CP dated December 10, 2021 on elaboration of some articles and measures for executing Law on Vietnamese Guest Workers
1. Article 3 shall be amended as follows:
“Article 3. License for provision of Vietnamese guest worker service
1. The license for provision of Vietnamese guest worker service (hereinafter referred to as “license”) shall be issued by the Minister of Labor, War Invalids and Social Affairs to an enterprise deemed eligible according to clause 1 Article 10 of the Law on Vietnamese Guest Workers and this Decree.
2. The issued license shall be consistent to the Form No.01 in the Appendix I enclosed with this Decree.”
2. Clauses 1 and 3 Article 4 shall be amended as follows:
“1. Each enterprise shall assign a professional employee who holds a college degree or higher to perform the tasks specified in Article 9 of the Law on Vietnamese Guest Workers.
3. The branch assigned by the service enterprise to perform some tasks specified in Article 9 of the Law on Vietnamese Guest Workers shall have a professional employee who holds a college degree or higher to perform the assigned tasks and meets the standards specified in clause 2 of this Article.”
3. Point c clauses 1 and 3 Article 5 shall be amended as follows:
“c) The area of a boarding room is at least 3,5 m2/trainee with basic amenities; there must be no more than 12 trainees per room; there are separate boarding areas for male and female trainees (if any), and each must have its own bathroom and restroom.
3. The branch assigned by the service enterprise to organize orientation education shall have facilities that meet safety and hygiene conditions, study rooms and boarding rooms in accordance with regulations in point b and point c clause 1 of this Article.”
4. Article 6 shall be amended as follows:
“Article 6. Requirements for website
1. The website of the enterprise shall have “.vn” domain name and upload image of the latest issued license and information specified in point b clause 2 Article 26 of the Law on Vietnamese guest worker service.
2. Within 07 days from the date of change in information specified in point b, clause 2 Article 26 of the Law on Vietnamese Guest Workers, the service enterprise shall update the changed information on its website.”
5. Points a, c and d clause 2 Article 7 and clause 3 shall be amended as follows:
“2. Documents proving satisfaction of the requirements specified in Article 10 of the Law on Vietnamese Guest Workers include:
a) 01 copy of the latest member register in case of a limited liability company or partnership; 01 copy of the latest shareholder register in case of a joint stock company;
c) 01 copy of specialized degree; 01 copy of document proving working experience (expressed by one of the following documents: appointment decision or employment contract, document on termination of the employment contract; notification of certification of participation in social insurance or a document confirming work experience issued by the former workplace) of the legal representative.
d) 01 authentic copy of list of professional employees in charge of provision of Vietnamese guest worker service using Form No. 04 Appendix I attached to this Decree; 01 copy of specialized degree, diploma or foreign language certificate (if any) with regard to each professional employee;
3. In case of change in professional employees or facilities, within 07 days from the date of change, the service enterprise shall update the database system of Vietnamese guest workers and send a notification to the Ministry of Home Affairs enclosed with the proving documents as specified in clause 2 of this Article corresponding to the change.”
6. Article 8 shall be amended as follows:
“Article 8. Cooperation in issuing license via electronic network
1. The Ministry of Finance shall share information about name, code, address of the head office, business line; full name of legal representative and charter capital with the Ministry of Home Affairs to serve issuance of the license.
2. The Ministry of Public Security shall share information on criminal records of legal representatives of the enterprise applying for a license and the enterprise that has been issued with the license so that the Ministry of Home Affairs may verify the eligibility of such legal representatives. In case where criminal record data have not yet been connected, the Ministry of Home Affairs shall send a written request to the Ministry of Public Security to verify information on the enterprise’s legal representative, or send an electronic request via VNeID application.
3. The Ministry of Home Affairs shall share information about the issued license with the Ministry of Finance, the Ministry of Public Security for state management of the enterprise.
4. The cooperation between the Ministry of Finance, the Ministry of Public Security and the Ministry of Home Affairs shall be made by connecting and sharing data among national databases as per law.”
7. Clause 2 Article 11 shall be amended as follows:
“2. Procedures:
a) The service enterprise shall submit an application in person or by post to the Ministry of Home Affairs or online at https://dichvucong.gov.vn.
b) Within 07 working days from the date of receipt of the complete application as prescribed, the Minister of Home Affairs shall consider replacing the license for the service enterprise. In case of refusal, the Ministry of Home Affairs shall reply in writing and clearly state reasons.”
8. Article 12 shall be amended as follows:
“Article 12. Requirements for sending Vietnamese workers to work in Taiwan (China)
1. The license must be issued with a license and has submitted the notification of fulfillment of requirements of the market, sector or profession in accordance with Article 15a of this Decree.
2. The enterprise has a professional employee holding at least HSK5 certificate (Chinese proficiency certificate) or equivalent certificate and gaining experience in sending Vietnamese workers to work in Taiwan (China);
3. The enterprise does not incur any penalty for violations against regulations on Vietnamese guest workers within 02 years by the date of notification of the fulfillment of requirements for sending Vietnamese workers to work in Taiwan (China).”
9. Article 15 shall be amended as follows:
“Article 15. Requirements for sending Vietnamese workers to work in Japan
1. The license must be issued with a license and has submitted the notification of fulfillment of requirements of the market, sector or profession in accordance with Article 15a of this Decree.
2. The enterprise has a professional employee holding JLPT N2 certification (Japanese proficiency certification) or equivalent certificate and gaining experience in sending Vietnamese workers to work in Japan.
3. If the enterprise sends Vietnamese workers to work as hospital orderlies in Japan, in addition to the requirements specified in clauses 1 and 2 of this Article, it shall fulfill the following requirements:
a) Having a teacher who provides training in skills for hospital orderlies under the program of Japan;
b) Having a training institution or a joint training institution that connects with a vocational education institution equipped with basic audio-visual devices serving Japanese language training and a practical training room. The room must be furnished with wheelchairs, mobility aids, medical beds, dining tables and chairs, wall-mounted handrails, shower chairs, bathtubs, automatic toilets, and medical equipment cabinets to serve hospital orderly skill training under the program of Japan.”
10. Article 15a shall be added as follows:
“Article 15a. Notification of fulfillment of requirements of market, sector or profession
1. Before sending Vietnamese workers to work in Taiwan (China), Japan, or work as hospital orderlies in Japan, the enterprise shall give online notification via the Database of Vietnamese guest workers of the fulfillment of requirements of market, sector or profession as prescribed in Article 12 and Article 15 of this Decree.
2. After the enterprise successfully gives the online notification specified in clause 1 of this Article, it is allowed to send Vietnamese workers to work in market, sector or profession as notified.
3. In case where the enterprise stops sending Vietnamese workers to work in market, sector or profession for which fulfillment of requirements has been notified, the enterprise shall give online notification of such stop via the Database of Vietnamese guest workers. After successful notification, the enterprise is not required to maintain the fulfillment of the corresponding requirements specified in Article 12 and Article 15 of this Decree.
4. The Ministry of Home Affairs shall be responsible for notifying and updating information on enterprises that fulfill, do not fulfill the requirements for or stop sending Vietnamese workers to work in Taiwan (China), Japan, and work as hospital orderlies in Japan, to competent authorities of labor-receiving countries and territories for cooperation in management.
5. In case the Database of Vietnamese guest workers runs into transmission failures, technical issues, or force majeure events that interrupt the notification as prescribed in clause 1 of this Article, the enterprise shall submit one (01) physical copy of the Notification (using Form No. 10 in Appendix I issued herewith this Decree) to the Ministry of Home Affairs.”
11. Article 15b shall be added as follows:
“Article 15b. Notification of list of Vietnamese guest workers expected to be sent
1. The notification of the list of Vietnamese guest workers expected to be sent, as required by the labor-receiving country/territory, shall be given online via the Database of Vietnamese guest workers.
2. The enterprise shall input the notification of the list of Vietnamese guest workers expected to be sent as approved and the information on each worker in the notification includes:
a) Full name; date of birth; gender;
b) Place of origin;
c) Place of permanent residence;
d) Personal ID number;
dd) Passport number;
e) Contact phone number in Vietnam;
g) Expected date of departure;
h) Contact phone number of his/her relative in Vietnam.
3. Within 03 working days from the date of receipt of the list of Vietnamese guest workers, the Ministry of Home Affairs shall be responsible for confirming the enterprise’s notification.
4. In case the Database of Vietnamese guest workers runs into transmission failures, technical issues, or force majeure events that interrupt the notification and the receipt of the list as prescribed in clause 1 or clause 3 of this Article, the enterprise shall submit one (01) physical copy of the approved list of Vietnamese guest workers to be sent and the information specified in clause 2 of this Article to the Ministry of Home Affairs.”
12. Article 20 shall be amended as follows:
“Article 20. Requirements for provision of Vietnamese guest workers as domestic workers
1. The enterprise has been issued with a license.
2. The enterprise shall meet the following requirements:
a) Having a standing employee in the receiving country, who has appropriate foreign-language capacity and experience in sending Vietnamese workers to work in the receiving country.
b) Having a professional employee who has experience in sending Vietnamese workers to work in the receiving country.”
13. Name of the Article and clause 7 Article 39 shall be amended as follows:
“Article 39. Responsibilities of the Ministry of Home Affairs
7. Maintain and regularly update policies and legislative documents on Vietnamese guest workers on the website (www.dolab.moha.gov.vn); information about international treaties and agreements on Vietnamese guest workers to which Vietnam is a signatory; policies and laws of the receiving countries; list of service enterprises; information on administrative penalties for violations against regulations on Vietnamese guest workers, list of enterprises that have returned their licenses or have their licenses revoked.”
14. Some phrases shall be replaced as follows:
“a) The phrase “Cổng thông tin điện tử www.dolab.gov.vn” (web portal: www.dolab.gov.vn) shall be replaced by the phrase “Trang thông tin điện tử www.dolab.moha.gov.vn.” (website: www.dolab.moha.gov.vn) in clause 1 Article 38;
b) The phrase “Bộ Kế hoạch và Đầu tư” (Ministry of Planning and Investment) shall be replaced by the phrase “Bộ Tài chính” (Ministry of Finance) in the name of Article 42;
c) The phrase “Bộ Lao động – Thương binh và Xã hội” (Ministry of Labour – Invalids and Social Affairs) shall be replaced by the phrase “Bộ Nội vụ” (Ministry of Home Affairs) in Article 9, Article 10, Article 25, Article 28, Article 32, Article 38, Article 40, Article 41, Article 42, Article 43, and Article 44.
15. Names of some sections, articles, clauses and points shall be annulled as follows:
a) Names of Sections 1, 2 and 3 in the Chapter III shall be annulled.
b) Clauses 2 and 4 of Article 5; clause 4 of Article 7; Articles 13, 14, 16, 17, 18, and 19; clause 2 of Article 23 shall be annulled;
16. Some forms in the Appendix I shall be annulled/replaced/added as follows:
a) Form No. 07, Form No. 08, Form No. 09 shall be annulled;
b) Forms No. 01, 02, 03, 04, 05, 06, 10, 11, and 12 shall be replaced by Forms No. 01, 02, 03, 04, 05, 06, 07, 08, and 09 respectively enclosed with this Decree;
c) The Form No. 10 of Notification of fulfillment of requirements of market, sector or profession shall be added.
This Decree takes effect from January 01, 2026.
Article 3. Transitional provisions
1. Applications for sending Vietnamese workers to work in Taiwan (China), Japan or work as hospital orderlies in Japan, received before the effective date of this Decree shall continue to be processed according to procedures specified in the Decree No. 112/2021/ND-CP and the Government’s Decree No. 128/2025/ND-CP dated June 11, 2025.
2. Lists of Vietnamese guest workers expected to be sent, received before the effective date of this Decree shall continue to be confirmed according to procedures specified in the Decree No. 112/2021/ND-CP.
3. Applications for issuance and replacement of licenses, received before the effective date of this Decree shall continue to be processed according to regulations in the Decree No. 112/2021/ND-CP.
4. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Chairpersons of People’s Committees of provinces and cities, relevant organizations and individuals shall implement this Decree.
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ON BEHALF OF THE GOVERNMENT OF VIETNAM Pham Thi Thanh Tra |
