Vietnam Increases Foreign Worker Compliance Penalties Under New Decree 283/2026

While Vietnam’s work permit framework remains largely unchanged, companies should be aware that authorities now have clearer enforcement tools for notification obligations, work permit compliance, and multi-location assignments.

Key Change: Higher Focus on Foreign Worker Compliance

The new decree reinforces that compliance is no longer limited to simply obtaining a valid work permit.

Employers must now ensure compliance with:

• Work Permit (WP) requirements;
• Work Permit Exemption Certificate (WPEC) requirements;
• Short-term assignment notifications;
• Multi-province work notifications;
• Proper use of employees within approved WP/WPEC conditions; and
• Work permit revocation and return obligations.

Working Without a Required Work Permit

Foreign employees may face fines of VND 15 million to VND 25 million if they:

• Work without a required Work Permit;
• Work without a required WPEC; or
• Continue working after a WP or WPEC has expired.

In addition to financial penalties, expulsion from Vietnam may be imposed.

Employer Penalties

Employers face separate penalties based on the number of non-compliant foreign workers:

Example: If a company employs one foreign employee who requires a work permit but does not have one, the employee may be fined and expelled, while the employer may receive a separate fine of up to VND 45 million.

New Enforcement of the Under-90-Day Notification Requirement

One of the most important changes concerns the less-than-90-days-per-year exemption.

Under Decree 219, certain foreign nationals who work in Vietnam for a total of less than 90 days in a calendar year are exempt from both:

• Work Permit requirements; and
• Work Permit Exemption Certificate requirements.

However, employers must still notify the competent labor authority at least three working days before work begins.

New Penalty Introduced

For the first time, Vietnam now explicitly penalizes failures involving this notification requirement.

Employers may be fined VND 1 million to VND 3 million for:

• Failing to submit the notification;
• Submitting it late; or
• Filing incomplete information.

Authorities may also require employers to complete or correct the notification as a remedial measure.

Important Distinction

Failure to submit the notification does not automatically mean the foreign national is considered to be working illegally.

If the employee genuinely qualifies for the under-90-day exemption:

• The employer may be fined; but
• No specific employee penalty applies solely because the notification was not submitted.

Penalties for Working Outside Approved WP/WPEC Conditions

Decree 283 also introduces penalties where a foreign employee’s actual work activities are inconsistent with the information approved in the Work Permit or WPEC.

Employers may be fined VND 5 million to VND 10 million per employee, with a maximum penalty of: VND 75 million per employer

The same penalty range may apply to certain failures involving the return or revocation of work authorization documents.

Multi-Province Work Assignments

Vietnam continues to increase oversight of foreign employees working across multiple locations.

Employers may now be fined VND 1 million to VND 3 million for:

• Failing to notify authorities when a foreign employee works in multiple provinces;
• Late submissions; or
• Incomplete notifications.

This requirement applies even when the employee already holds a valid Work Permit or WPEC.

Practical Compliance Overview

Erickson Insights & Analysis

Erickson Immigration Group will continue to monitor developments and share updates as more news becomes available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.