Tiếng Việt
中文The State encourages and facilitates Vietnamese workers going to work overseas under contracts, while strictly managing service enterprises. An enterprise that fails to organize orientation education or fails to issue certificates of completion of the orientation education course to workers before departure may be fined from VND 10 million to VND 20 million per violating worker, up to a maximum of VND 200 million under Point a, Clause 2, Article 49 of Decree No. 283/2026/ND-CP — the current instrument on penalties in this field (effective from 10 September 2026, replacing Decree No. 12/2022/ND-CP).
1. State policy on sending Vietnamese workers overseas
Under Article 4 of the Law on Vietnamese Workers Going to Work Overseas under Contracts 2020, State policy includes: encouraging improvement of workers’ professional and technical qualifications; expanding overseas labor markets; protecting workers’ lawful rights and interests; while strengthening management and strictly handling violations in the activity of sending Vietnamese workers overseas. An enterprise may only provide overseas labor services when it has been issued a License and fully satisfies the conditions prescribed by the Law.
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2. Service enterprises must organize orientation education for workers
Orientation education is a mandatory obligation of service enterprises before workers depart. Orientation education covers essential knowledge about the customs, practices, and laws of the receiving country, the labor contract, workers’ rights and obligations, and skills for handling situations when working overseas. Upon completion, the enterprise must issue certificates of completion of the orientation education course to workers as prescribed.
This is one of the conditions ensuring workers understand their rights, obligations, and risks before going to work overseas, and serves as a basis for state management authorities to inspect and supervise service enterprises’ activities.
3. What is the penalty for failing to organize orientation education?
Under Point a, Clause 2, Article 49 of Decree No. 283/2026/ND-CP prescribing administrative penalties in the fields of labor, social insurance, and Vietnamese workers going to work overseas under contracts, a service enterprise that fails to organize orientation education or fails to issue certificates of completion of the orientation education course to workers before they go to work overseas as prescribed is fined from VND 10,000,000 to VND 20,000,000 per violating worker, but no more than VND 200,000,000 in total.
In addition, enterprises should note other related penalty levels at Article 49 of Decree No. 283/2026/ND-CP, for example: failure to update worker information on the database system is fined VND 3–5 million; more serious violations (illegally collecting money from workers, sending workers overseas beyond the registered number, etc.) carry much higher fine brackets and may lead to time-limited suspension of operations.
Note on transitional provisions: Decree No. 283/2026/ND-CP is effective from 10 September 2026 and replaces Decree No. 12/2022/ND-CP. For acts occurring before this point, application of the penalizing instrument follows the transitional provisions at Article 67 of Decree No. 283/2026/ND-CP (applying the instrument in force at the time of the violating act for acts completed before the effective date).
Notes on applying current legal provisions
This article is presented for reference purposes, helping readers understand the legal issue at a general level. Licensing authority currently rests with the Ministry of Home Affairs (the state management function for labor was transferred in 2025). Where you need to determine the exact obligations, penalty levels, and procedures applicable to your enterprise, please contact an ANT Legal lawyer at 0966.475.966 for review and advice before proceeding.
Common risks to watch for
- Applying Decree No. 12/2022/ND-CP by mistake (expired since 10 September 2026).
- Failing to retain complete records, lists of workers who participated in orientation education, and issued certificates.
- Confusing the licensing authority (Ministry of Home Affairs instead of the former Ministry of Labour, Invalids and Social Affairs).
- Violating transitional provisions for dossiers arising before 10 September 2026.
How can ANT Legal help?
ANT Legal assists overseas labor service enterprises in reviewing operating conditions, completing license application dossiers, developing compliant orientation education programs, and handling issues arising with management authorities. For prompt advice, please contact our lawyers at 0966.475.966.
Frequently asked questions
Must an enterprise sending workers overseas organize orientation education?
Yes. Orientation education is a mandatory obligation of service enterprises before workers depart; upon completion, the enterprise must issue certificates of completion of the orientation education course to workers as prescribed.
What is the penalty for failing to organize orientation education?
A fine of VND 10 million to VND 20 million per violating worker, up to a maximum of VND 200 million (Point a, Clause 2, Article 49 of Decree No. 283/2026/ND-CP).
With which authority is the overseas labor service license filed?
An enterprise may only provide services after being issued a License; the current licensing authority is the Ministry of Home Affairs (the state management function for labor was transferred in 2025).
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