NEW PROVISIONS ON THE SUPPORT REGIME FOR EMPLOYEES WORKING ABROAD UNDER CONTRACT FROM 01 JANUARY 2026 UNDER THE LAW ON EMPLOYMENT 2025

I. Legal basis

  • Decision No. 34/2025/QD-TTg on the fund for supporting employment abroad

II. Groups of workers eligible for support to work abroad from 01 January 2026

Pursuant to Article 14 of the Law on Employment 2025, there are seven groups of workers who shall receive state support for expenses to work abroad under contract.

  • 1) Persons with meritorious services to the Revolution and their relatives.
  • 2) Ethnic minority individuals.
  • 3) Individuals belonging to poor or near-poor households.
  • 4) Persons whose land has been recovered and who are eligible for support in training, occupational transition, and job-seeking in accordance with land law.
  • 5) Individuals who have completed military service or service in the People’s Public Security Forces.
  • 6) Voluntary youth who have completed assignments under programs or projects for socio-economic development.
  • 7) Young intellectual volunteers upon completion of their assignments in economic–defense zones.

Pursuant to Clause 2, Article 14 of the Law on Employment 2025, the support regime for the seven groups of workers includes three types of expenses:

  • 1) Orientation education costs prior to working abroad under contract.
  • 2) Training and skill development costs, including foreign language training, to meet the requirements of the foreign employer.
  • 3) Other expenses incurred by the employee to complete the process of working abroad under contract.

NEW PROVISIONS ON THE SUPPORT REGIME FOR EMPLOYEES WORKING ABROAD UNDER CONTRACT FROM 01 JANUARY 2026 UNDER THE LAW ON EMPLOYMENT 2025

III. Support policies for Vietnamese workers working abroad under contract

(1) Support for employees who must return to Vietnam prematurely due to a work-related accident, unexpected accident, illness, or sickness rendering them incapable of continuing to work abroad.

  • Support amount: from VND 10,000,000 to VND 30,000,000 per case.

(2) Support for employees who must return to Vietnam prematurely due to the foreign employer being dissolved, declared bankrupt, or reducing production as a result of natural disasters, epidemics, political instability, war, economic recession, or other force majeure events.

  • Support amount: from VND 7,000,000 to VND 20,000,000 per case.

(3) Support for employees who must return to Vietnam prematurely due to the unilateral termination of their labor contract as a result of maltreatment, forced labor, or a clear and imminent threat to life or health, or due to sexual harassment while working abroad.

  • Support amount: from VND 7,000,000 to VND 20,000,000 per case.

(4) Support for the resolution of disputes arising in relation to employees in the process of sending workers to work abroad under contract.

  • Regarding support for employees’ costs for hiring lawyers, legal consultancy, and court fees, the Decision provides: Support shall be 50% of the costs for hiring lawyers, legal consultancy, and court fees, but not exceeding VND 50,000,000 per case; in cases involving multiple employees, the maximum support shall be VND 100,000,000 per case.

(5) Support for the relatives of employees who die or are declared missing while working abroad.

  • Support amount: VND 40,000,000 per case.

(6) Employees who must return to Vietnam prematurely under items (1), (2), or (3) above and wish to receive vocational retraining shall be provided support for training costs to improve professional skills for reintegration into the labor market and stabilization of their livelihoods.

  • Support amount: VND 1,000,000 per month, up to a maximum of six (06) months per person per training course.

IV. Rights and obligations of Vietnamese employees working abroad under contract

4.1. Rights of Vietnamese employees working abroad under contract

  • To be provided with information on Vietnam’s policies and laws regarding Vietnamese employees working abroad under contract; the policies, laws, and customs of the host country relevant to the employee; and the rights and obligations of the parties when working abroad under contract.
  • To receive consultation and support in exercising their rights and fulfilling their obligations, as well as in enjoying the benefits under the labor contract and vocational training contract;
  • To receive wages, salaries, medical examination and treatment benefits, social insurance, occupational accident insurance, and other rights and benefits in accordance with the labor contract; and to remit to Vietnam their wages, salaries, income, and other lawful assets in accordance with the laws of Vietnam and the laws of the host country.
  • To be protected and safeguarded in their lawful and legitimate rights and interests while working abroad under contract, in accordance with the laws of Vietnam, the laws of the host country, and international law and practices;
  • To unilaterally terminate the contract in cases of maltreatment, forced labor, or a clear and imminent threat to life or health, or in the event of sexual harassment while working abroad.
  • To receive support policies on labor, employment, and benefits from the Fund for Supporting Employment Abroad in accordance with the law;
  • Not to be required to pay social insurance or personal income tax twice in Vietnam and in the host country if Vietnam and the host country have signed a social insurance agreement or a double taxation avoidance agreement;
  • To file complaints, denunciations, or initiate legal proceedings regarding violations of the law in the field of Vietnamese employees working abroad under contract;
  • To receive consultation and support for employment and entrepreneurship upon returning to Vietnam, and to access voluntary psychosocial counseling services.

4.2. Obligations of Vietnamese employees working abroad under contract

  • To comply with the laws of Vietnam and the laws of the host country;
  • To preserve and promote the cultural traditions of the Vietnamese nation; to respect the customs and practices of the host country; and to maintain solidarity with other employees in the host country;
  • To complete the orientation education course prior to working abroad;
  • To pay service fees and make deposits in accordance with the provisions of the Law on Vietnamese Employees Working Abroad Under Contract 2020.
  • To work at the designated location; to comply with labor discipline and internal labor regulations; and to adhere to the management, direction, and supervision of the foreign employer under the labor contract;
  • To compensate for damages arising from breach of the signed contract in accordance with the laws of Vietnam and the laws of the host country;
  • To return to Vietnam on time after the termination of the labor contract or vocational training contract; and to notify the local residence registration authority, either at the place of residence prior to going abroad or at the new residence after returning, in accordance with the Law on Residence, within fifteen (15) days from the date of entry.
  • To pay taxes and participate in social insurance and other forms of insurance in accordance with the laws of Vietnam and the laws of the host country;
  • To contribute to the Fund for Supporting Employment Abroad.

V. About Us, Hankuk Law Firm

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■ Hankuk Law Firm – Introduction

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To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

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