The following article summarizes the key points businesses must pay close attention to during the 2025–2026 transition period.

1. Stricter documentation requirements for foreign workers from 2026

Under the draft new decree, when applying for issuance or extension of a work permit, employers must clearly demonstrate:

• The necessity of employing foreign workers (FNs)

Authorities may require a more detailed explanation as to why the employer cannot recruit suitable Vietnamese workers.

• Professional qualifications matching the job position

Documents proving degrees and work experience must precisely correspond to the job title stated on the work permit.

• Updated minimum experience requirements

Several worker categories are expected to have their experience requirement increased from 3 years to 5 years, particularly for experts and managers.

Incomplete or inconsistent documentation may result in permit refusal or repeated requests for clarification.

2. Significant increases in penalties related to work permits

Several violations are expected to incur higher penalties from 2026, including:

• Employing foreign workers in positions not stated on their work permit

This is currently the most common violation and a major focus of inspections.

• Allowing work permits to expire or submitting renewal applications too late

• Failing to submit periodic reports on foreign workers under the new regulations

Businesses may face:

• Substantial administrative fines

• Mandatory termination of labor contracts

• Forced removal (exit) of the foreign worker

• Suspension of the violating unit’s operations

3. Businesses must thoroughly review their foreign worker workforce

From 2026, foreign worker management will shift to an electronic data–based monitoring system. Even one missing document or a minor inconsistency in information may lead to penalties or immediate corrective orders.

Businesses should promptly perform the following:

• Review all labor contracts, work permits, and qualification documents

• Ensure job titles and responsibilities match what is stated on the work permit

• Prepare renewal plans for work permits expiring in the 2025–2026 period

• Track reporting deadlines for foreign workers to avoid violations

4. GIVLAW provides comprehensive legal services for foreign labor compliance

GIVLAW supports businesses throughout the entire process, including:

Our services include:

• New work permit applications

• Work permit extensions

• Documentation for experts, managers, and technical workers

• Legality review of foreign worker dossiers

• Filing complaints against administrative penalties related to foreign workers

• Advisory services for periodic reporting procedures under new regulations

GIVLAW ensures your documentation is compliant – minimizing risks – enabling your business to operate safely and in accordance with the law.

Contact GIVLAW

Hotline: 0973 544 888 – 0836 858 888
Email:givlawvietnam@gmail.com
Website:https://givlaw.vn
Messenger: GIVLAW – Contact Now