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MINISTRY OF
HOME AFFAIRS OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 09/2026/TT-BNV
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Hanoi, May 15, 2026
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CIRCULAR
ON AMENDMENTS TO SOME ARTICLES OF
CIRCULAR NO. 21/2021/TT-BLDTBXH DATED DECEMBER 15, 2021 OF THE MINISTER OF
LABOR – WAR INVALIDS AND SOCIAL AFFAIRS ELABORATING SOME ARTICLES OF THE LAW ON
VIETNAMESE GUEST WORKERS
Pursuant to the Law on
Vietnamese Guest Workers No. 69/2020/QH14;
Pursuant to Decree No. 25/2025/ND-CP
of the Government on functions, tasks, powers and organizational structure of
the Ministry of Home Affairs;
Pursuant to Decree No.
128/2025/ND-CP of the Government on decentralization and devolvement regarding
state management of home affairs;
Pursuant to Resolution
No. 66.16/2026/NQ-CP of the Government on reduction and simplification of
administrative procedures related to production and business;
At the request of the
Director General of the Department of Overseas Labor;
The Minister of Home
Affairs promulgates the Circular on amendments to some articles of Circular No.
21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor – War
Invalids and Social Affairs elaborating some articles of the Law on Vietnamese Guest
Workers.
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1. Amendments to Article 4:
“Article 4. Detailed
content of the labor supply contract
1. The detailed content of a labor supply contract according to
the market, sector, profession and job is as follows
a) Sectors, professions
and jobs in the market of Japan shall comply with Appendix II attached to this
Circular;
b) Sectors, professions
and jobs in the market of Taiwan (China) shall comply with Appendix III
attached to this Circular;
c) Sectors, professions and
jobs in the market of Korean shall comply with Appendix IV attached to this
Circular;
d) Sectors, professions
and jobs in the market of West Asia, Central Asia and Africa shall comply with
Appendix V attached to this Circular;
dd) Sectors, professions
and jobs in the market of Europe and Oceania shall comply with Appendix VI
attached to this Circular;
e) Sectors, professions
and jobs in the market of Americas shall comply with Appendix VII attached to
this Circular;
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h) Jobs on the
international sea shall comply with Appendix IX attached to this Circular.
2. The labor supply contract shall be agreed between a service
enterprise and a foreign employment receiver in accordance with requirements in
clause 1 of this Article.”
2. Amendments to Article 5:
“Article 5. Proofs of
the compliance with the laws of host countries of the provision of Vietnamese
guest workers
1. Regarding the market of Malaysia and Taiwan (China), it is
required to have a copy of the appraisal sheet for employment of Vietnamese
workers of a Vietnamese representative mission in Malaysia and Taiwan (China).
2. Regarding the market of Japan, and the Nearshore Fishing
Vessel Crew Program of the market of Korea:
a) In cases where the
foreign employment receiver is the employer, it is required to have a copy of the
business registration certificate or an equivalent document issued by the
competent authority to the employer to indicate that the field of business is
suitable for the sector, profession and job for which foreign workers are
recruited. The copy shall be attached with a Vietnamese translation;
b) In cases where the
foreign employment receiver is an employment service provider, it is required
to have a copy of a certificate issued by the competent authority of the host country
to the employment service provider to indicate that its registered business
activities include employment services. The copy shall be attached with a
Vietnamese translation; or, for the Japanese labor market, a list of
supervising bodies and organizations authorized to accept Technical Intern
Trainees, Specified Skilled Workers, and foreign workers participating in skill
development programs as provided by the competent Japanese authority to the Vietnamese
side in accordance with the Cooperation Agreement between the two parties.
3. For other countries and territories, where the foreign
employment receiver is the employer, the following documents are required:
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b) One copy of a document
issued by the competent authority of the host country authorizing the employer
to recruit foreign workers; or a list of sectors, professions or jobs for which
the recruitment of foreign workers is permitted issued by the host country; or
one copy of a document issued by the competent authority indicating that the
employment of foreign workers complies with the laws regulations of the host country.
The copy shall be attached with a Vietnamese translation.
4. For countries and territories prescribed in clause 3 of this
Article, where the foreign employment receiver is an employment service
provider, the following documents are required:
a) A copy of the business
registration certificate or an equivalent document issued or certified by the
competent authority to the employment service provider to indicate that its
registered business activities include employment service provision. The copy shall
be attached with a Vietnamese translation;
b) One copy of the
cooperation agreement or written request or letter of authorization for the
recruitment of Vietnamese workers of the employer for the employment service
provider. The copy shall be attached with a Vietnamese translation;
c) Proofs of employers as
prescribed in clause 3 of this Article.”
3. Amendments to Article 7:
“Article 7. The ceiling
service price under brokerage agreements
1. The ceiling service price under brokerage agreements between
service enterprises and intermediary entities shall not exceed 0,5 month of the
salary in the worker's contract for every 12 working months. n case the labor contract
has a working term of 36 months or more, the ceiling service price under
brokerage agreements shall not exceed 1,5 months of the salary in the worker's
contract.
2. The ceiling service prices under brokerage agreements for
some sectors, professions and jobs are prescribed in Appendix X attached to
this Circular.”
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1. Appendices II, III, IV, V, VI, VII, VIII, IX, X and XI
attached to Circular No. 21/2021/TT-BLDTBXH (amended by Appendices II, III, IV,
V, VI, VII, VIII, IX, X and XI attached to Circular No. 02/2024/TT-BLDTBXH) are
replaced by Appendices II, III, IV, V, VI, VII, VIII, IX, X and XI attached to
this Circular;
2. Form No. 01 in Appendix I attached to Circular No. 21/2021/TT-BLDTBXH
(replaced by Form No. 17 in Appendix I, clause 1, Article 17 of Circular No.
09/2025/TT-BNV) is replaced by Form No. 01 attached to this Circular;
3. Forms No. 02 and 03 in Appendix I attached to Circular No.
21/2021/TT-BLDTBXH (amended by Forms No. 02 and 03 in Appendix I attached to
Circular No. 02/2024/TT-BLDTBXH) is replaced by Forms No. 02 and 03 in Appendix
I attached to this Circular;
4. Forms No. 04 and 06 in Appendix I attached to Circular No. 21/2021/TT-BLDTBXH
is replaced by Forms No. 04 and 06 in Appendix I attached to this Circular;
5. Form No. 05 in Appendix I attached to Circular No.
21/2021/TT-BLDTBXH (replaced by Form No. 39 attached to Circular No.
08/2023/TT-BLDTBXH) is replaced by Form No. 05 in Appendix I attached to this
Circular;
6. Appendix XII; Forms 02, 03 and 04 in Appendix XIII attached
to Circular No. 21/2021/TT-BLDTBXH are replaced by Appendix XII; Forms 02, 03
and 04 in Appendix XIII attached to this Circular;
7. Form No. 01 in Appendix XIII attached to Circular No.
21/2021/TT-BLDTBXH (amended by Form No. 01 in Appendix I attached to Circular
No. 02/2024/TT-BLDTBXH) is replaced by Form No. 01 in Appendix XIII attached to
this Circular.
Article
3. Transitional provision
1. If contracts for bringing Vietnamese workers to work abroad
and relevant agreements have been signed and workers have migrated before the
effective date of this Circular, such contracts and agreements shall continue to
be executed until these contracts expire.
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2. If labor supply contracts signed and approved by the Ministry
of Home Affairs contain contents contrary to regulations in this Circular and
workers have not yet migrated before May 15, 2024, such contracts shall be
amended or new labor supply contracts shall be signed.
Article
4. Implementation clause
1. This Circular comes into force from June 30, 2026.
2. Amendments to Article 17 of Circular No. 09/2025/TT-BNV:
“Article 17.
Performance of the task of receiving and issuing written approvals for the
preparation of a labor source for service enterprises
1. A document regarding preparation of a labor source shall
comply with Form No. 01 in Appendix attached to this Circular.
2. A copy of the written request issued by the foreign
employment receiver, or the cooperation agreement between the Vietnamese
enterprise and the foreign employment receiver attached with a Vietnamese
translation which contains the following information:
a) The number of workers
to be prepared by the Vietnamese enterprise; sectors, professions and gender of
workers (if any);
b) Requirements concerning
the workers' qualifications, occupational skills and foreign language
competency;
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d) The proposed deadline
for selection and employment of workers.
3. Proofs of approval of employment of foreign workers issued
the competent authority of the host country where such foreign party is entering
into cooperation with the Vietnamese service enterprise for the first time:
a) In cases where the
foreign party is the employer, it is required to have one copy of the business
registration certificate or other equivalent document issued by the competent
authority to the employer. The copy shall be attached with a Vietnamese translation;
b) In cases where the
foreign party is an employment service provider, it is required to have one copy
of the business registration certificate or other equivalent document issued or
certified by the competent authority to indicate that its registered business
activities include employment service provision. The copy shall be attached
with a Vietnamese translation.”
3. Annulment of the following document:
Circular No.
02/2024/TT-BLDTBXH dated February 23, 2024 of the Minister of Labor – War
Invalids and Social Affairs amending some articles of Circular No. 21/2021/TT-BLDTBXH
dated December 15, 2021 of the Minister of Labor – War Invalids and Social
Affairs elaborating some articles of the Law on Vietnamese Guest Workers.
4. Should any issue arise during the implementation, report to
the Ministry of Home Affairs for guidelines./.
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PP. MINISTER
DEPUTY MINISTER
Vu Chien Thang