Some regulations on the appointment of Vietnamese workers to work abroad

In the context of global economic integration, it’s increasingly common for Vietnamese enterprises to appoint their employees to work, intern, or receive training at overseas companies, especially parent companies or affiliates in the same business sector. This activity, collectively known as “Intra-Company Transfer”, is an essential part of globalization. It not only helps employees develop their professional skills but also serves as a strategy to enhance the enterprise’s competitive edge. 

However, all labor secondment activities must strictly comply with Vietnam’s applicable laws to protect the legitimate rights and interests of employees. In this article, we will provide a detailed legal analysis of labor secondment, including applicable forms, necessary conditions, procedures, as well as the responsibilities of the employer and the rights of the employee. Our goal is to offer a comprehensive overview that helps Vietnamese enterprises carry out these transfers legally and safely. 

1. Appropriate forms for Intra-Company Transfers 

According to Article 5 of the Law on Vietnamese Workers Going Abroad under Contract 2020 (“Law on Overseas Workers 2020”), a Vietnamese enterprise can send its employees to work abroad as an Intra-Company Transfer under one of the following forms: 

1. Vietnamese enterprises winning or accepting bids for projects or construction works abroad: This form applies when a Vietnamese enterprise wins or accepts a bid for a project or construction work, or provides services abroad, and sends its employees directly to perform the work. 
2. Vietnamese enterprises appointing employees for internships, studies, or skill enhancement abroad: This form involves sending employees to a parent company or affiliate overseas to learn, gain professional experience, and access new technologies. After the training period, the employees will return to work for the Vietnamese enterprise. 

Therefore, depending on the nature of the work, the purpose of appointing employees abroad, and the relationship with the overseas company, a Vietnamese enterprise can choose the appropriate form to ensure legal compliance. 

2. Conditions and Procedures for Intra-Company Transfers 

2.1. Conditions for Vietnamese enterprises appointing their employees under bidding and service contracts 

According to Article 30 of the Law on Overseas Workers 2020, Vietnamese enterprises must meet the following conditions: 

(i) Possess a valid contract for a bid, project, or construction work abroad.  

Please note that this contract must be submitted to the Ministry of Labor – Invalids and Social Affairs along with the report on the plan to appoint Vietnamese workers abroad (as per Article 31.1 of the Law on Overseas Workers 2020). 

(ii) Have a plan for sending employees abroad that complies with the laws of Vietnam and the host country, and report this plan to the Ministry of Labor – Invalids and Social Affairs. The content of this plan must include: 

• The management and use of employees abroad, specifying the number of employees, gender, occupation, specific work, duration of work, working hours, rest periods, overtime, salary, working conditions, living conditions, medical care, and risk management in case of work accidents, occupational diseases, or other related benefits. 

• A repatriation plan for employees in case of natural disasters, epidemics, war, political instability, economic recession, emergencies, or other force majeure events. 

(iii) Only appoint Vietnamese employees who are currently working for the enterprise to the project or construction work abroad under the bid or service contract. 

2.2. Conditions for Vietnamese Enterprises Sending Employees for Training and Skill Enhancement 

According to Article 36 of the Law on Overseas Workers 2020, Vietnamese enterprises must meet the following conditions: 

(i) Have a valid internship acceptance contract with an overseas host facility to send Vietnamese employees for training or skill enhancement abroad. This contract must be registered with the specialized labor agency under the Provincial People’s Committee where the enterprise is headquartered and must contain the following information: 

• Internship duration. 

• Number of employees; internship fields, professions, and employee age. 

• Internship location. 

• Internship conditions and environment. 

• Working and rest hours during the internship. 

• Occupational safety and health. 

• Salary, wages; living, accommodation, and travel conditions. 

• Medical care, social insurance, health insurance, work accident insurance, occupational disease insurance, and other insurance (if any). 

• Conditions for early contract termination and liability for damages. 

• Responsibility for travel costs from Vietnam to the internship location and vice versa; responsibilities of the parties in case the employee encounters risks during the internship abroad; and responsibilities for resolving issues that arise for employees during the internship. 

• Dispute resolution mechanisms, procedures, and applicable laws. 

• Other agreements that do not violate the law and social ethics. 

(ii) Only send employees who have a valid labor contract and an overseas vocational training contract for training or skill enhancement at the host facility.  

Please note that the overseas vocational training contract is a written agreement between the Vietnamese enterprise and its employee regarding training and skill enhancement abroad. Its content must be consistent with the internship acceptance contract and the regulations of the Labor Code 2019. 

(iii) The specific fields and jobs for overseas training and skill enhancement must be consistent with the enterprise’s business sectors. 

(iv) A deposit for the internship acceptance contract is required, at a rate of 10% of a one-way economy class flight ticket from the workplace to Vietnam, calculated based on the number of employees going abroad under the internship acceptance contract (as per Article 26.2 of Decree 112/2021/ND-CP). 

Date written: 20/09/2025

Share: