(FWA 2026/8/25) To strengthen the management of migrant workers going abroad, the Vietnamese government recently promulgated Decree No. 283/2026/ND-CP. Overseas Vietnamese migrant workers who proactively choose to abscond, reside illegally, or unlawfully overstay in the host country without a justified reason after the termination of their labor or vocational training contracts could face a maximum fine of 100 million VND. The new regulation is scheduled to take effect on September 10, 2026, aiming to curb the issue of missing migrant workers.
Japan and Taiwan are the major overseas working destinations for Vietnamese migrant workers. According to foreign media reports, following the announcement of the new regulation, many Vietnamese foreign nationals overstaying in Japan have rushed to the local immigration authorities to complete identity verification procedures and return to their home country before the new system takes effect, in order to avoid administrative penalties.
Failure to Return After Contract Termination Can Result in a Maximum Fine of 100 Million VND
The decree regulates the fields of labor and social insurance, as well as administrative penalties for Vietnamese migrant workers working abroad under contracts. The most crucial part lies in Article 53, which explicitly stipulates that if overseas Vietnamese migrant workers unlawfully overstay abroad after their contract ends—provided they are not under any form of threat or coercion and are not facing criminal prosecution—they will be fined between 80 million and 100 million VND (approximately 96,000 to 120,000 NTD).
Additionally, before going abroad to work, if Vietnamese migrant workers directly sign a labor contract with an overseas employer without obtaining the labor contract registration confirmation document issued by the commune-level People’s Committee of their registered residence, they will face a penalty of 5 million to 10 million VND (approximately 6,000 to 12,000 NTD).
In addition to imposing heavy fines on missing Vietnamese migrant workers, the new regulation also strengthens the management of recruitment agencies, particularly regarding illegal recruitment behaviors. Any organization or individual that provides information, advertising, or consultation on working abroad to Vietnamese migrant workers without the relevant functions, or collects fees for working abroad from them without legal recruitment qualifications; forces, entices, lures, or deceives Vietnamese migrant workers into illegally overstaying abroad; or forges overseas labor business licenses, will also face heavy fines of up to 100 million VND. Meanwhile, they must refund the illegally collected funds with added interest.
Penalties for Illegal Recruitment to Strengthen the Management of Recruitment Agencies
Branches of Vietnamese labor enterprises that engage in the business of sending Vietnamese migrant workers abroad without the enterprise’s authorization or outside their scope of duties and duration will face even heavier penalties. The branches will face fines ranging from 180 million to 200 million VND (approximately 216,000 to 240,000 NTD).
Other contents include penalties of 45 million to 60 million VND for recruitment organizations engaging in employment service businesses without being legally established. Recruiting workers with false advertising, or recruiting for the purpose of exploitation or forced labor, even if it has not reached the level of criminal prosecution, will result in fines of 50 million to 75 million VND.
As for employers who fail to pay or delay the payment of mandatory social insurance, penalties are set at different tiers based on the number of people, with the maximum amount being 75 million VND.
