Hire employees in Vietnam
Everything a foreign company needs to know before employing people in Vietnam: whether you need an entity, what an employee really costs once social insurance, the union levy and the Tet bonus are added, why everything is paid in dong, what leave is mandatory, and why termination is the part that catches people out. Written for CHROs, CFOs, General Counsel and founders.
Quick answers
The questions leadership teams ask first, answered directly. Detail follows further down the page.
Do I need a local Vietnamese entity to hire?
No. Foreign companies can engage talent in Vietnam through three routes:
- Employer of Record. Dryft Global employs the person through a compliant Vietnamese entity. Dryft issues the Vietnamese-language labor contract, pays in dong, remits social, health and unemployment insurance (SHUI), the trade union levy and personal income tax (PIT) withholding. You direct the work and keep the IP.
- Direct local entity. You incorporate a single-member LLC (the usual wholly foreign-owned vehicle), a multi-member LLC or a joint-stock company, or open a representative office. This needs an Investment Registration Certificate, an Enterprise Registration Certificate and a capital account.
- Independent contractor. Lawful only for a registered business serving multiple clients and issuing e-invoices. See the contractor section for why this is the riskiest route.
When should I use an EOR instead of setting up an LLC?
An EOR makes commercial sense when you are:
- Onboarding engineers, support teams, sourcing agents or regional sales managers in 5 to 10 business days rather than the 2 to 4+ months the IRC and ERC take.
- Hiring 1 to 20+ distributed professionals while you test the market or build a regional shared services hub.
- Avoiding permanent establishment audits, transfer pricing files and trade union setup.
An LLC or JSC becomes the right answer when local headcount passes 25 to 50, when you need to trade, invoice in dong, manufacture, import or export, or bid for government contracts, or when you want to sponsor foreign staff work permits under your own quota.
What does an employee actually cost beyond salary?
Plan for roughly 23.5% on top of gross salary in statutory costs, and 25% to 33% once market expectations are met. Employer SHUI is 21.5% (17.5% social, 3% health, 1% unemployment), applied up to contribution ceilings. The trade union fund takes another 2% of payroll, whether or not a union exists. The 13th-month Tet bonus is technically discretionary but universal in professional roles, so budget another 8.33%. Full breakdown below.
How difficult is termination in Vietnam?
Difficult and procedural. There is no at-will employment. An employer can only end a contract on the grounds listed in Article 36 of the Labour Code, such as repeated failure to meet KPIs written into registered Internal Labour Regulations, prolonged illness, force majeure or restructuring. Notice is 45 days on an indefinite contract, 30 days on a 12 to 36 month contract and 3 working days under 12 months, with severance or job-loss allowance on top. A disciplinary dismissal needs a formal hearing with union participation. Unlawful dismissal means reinstatement, back pay and at least 2 months' wages in penalty.
Can Dryft Global legally employ my team in Vietnam?
Yes. Dryft supports employment in Vietnam through a compliant local entity structure. We handle the bilingual labor contract, monthly payroll in dong, SHUI enrollment and remittance, the trade union levy, PIT withholding and annual finalisation, leave administration and the statutory filings, while you direct the work. Confirm availability, lead times and commercial terms with your Dryft representative.
Hiring routes compared
Here is how the three routes stack up on speed, capital, tax exposure and labor compliance.
| Factor | Direct entity (LLC / JSC) | Dryft Global EOR | Independent contractor |
|---|---|---|---|
| Speed to onboard | 8 to 16+ weeks (IRC plus ERC) | 5 to 10 business days | 1 to 3 days |
| Entity required | Yes, wholly owned LLC or JSC | No local entity required | None |
| Upfront capital | Varies by sector, VND 2.5 billion+ typical | Zero | Zero |
| Commercial revenue | Yes, can invoice clients in dong | Invoiced globally via Dryft | Invoiced per project |
| SHUI and tax filing | Your direct responsibility | Fully managed by Dryft | Contractor self-reports |
| Trade union setup | Mandatory, 2% fund contribution | Handled within the Dryft entity | Not applicable |
| Permanent establishment risk | Forms a domestic tax presence | Significantly mitigated | High if the contractor is dependent |
| Best fit | Larger teams (25+), local trading | Tech teams, shared services, regional sales | Short-term, discrete projects |
What an employee costs in Vietnam
Vietnam runs a three-part compulsory insurance scheme administered by Vietnam Social Security (VSS), plus a trade union levy every employer pays. Social and health insurance are capped at 20 times the statutory base salary (mức lương cơ sở), unemployment insurance at 20 times the regional minimum wage; the union levy has no cap.
| Component | Employer share | Notes |
|---|---|---|
| Social insurance (BHXH) | 17.5% | 14% retirement and survivorship, 3% sickness and maternity, 0.5% work injury; capped |
| Health insurance (BHYT) | 3.0% | Capped at 20 times the statutory base salary |
| Unemployment insurance (BHTN) | 1.0% | Capped at 20 times the regional minimum wage; foreign staff exempt |
| Trade union fund | 2.0% | Of total gross payroll, paid to the district labor federation whether or not a union exists |
| Statutory subtotal | 23.5% | Applied to capped bases; employee side is a further 10.5% |
| 13th-month Tet bonus | ~8.33% | Market standard, one month of base pay before Lunar New Year |
| Supplementary health insurance | VND 6 to 18 million a year | Private cover, expected in professional roles |
| Annual health check | Around VND 2 million | Mandatory, once a year |
| Total employer on-cost | ~25% to 33%+ | Above base salary |
For an employee on VND 50,000,000 a month (VND 600 million a year), budget roughly VND 766 to 791 million all-in, about 27.5% to 31.8% above base. Ask us for a cost model with current ceilings applied.
Payroll and tax
Payroll is strictly monthly and strictly in dong. Under State Bank of Vietnam foreign exchange rules, every contract, offer letter, payslip and salary payment to a Vietnamese resident must be in VND; quoting or paying in USD or EUR attracts penalties. Salaries are usually paid between the 25th and the last day of the month, or on the 5th of the next month, by bank transfer. Each cycle needs an itemised payslip (phiếu lương) showing gross pay, overtime, allowances, SHUI deductions and PIT. SHUI and the union levy are due by the last day of the month, the monthly PIT declaration by the 20th of the following month, and annual PIT finalisation by 31 March.
Personal income tax
The employer withholds PIT from tax residents (183 days or more in Vietnam, or a registered or leased residence for 183 days) on a progressive scale from 5% on monthly taxable income up to VND 5 million to 35% above VND 80 million. Non-residents pay a flat 20% on Vietnam-sourced pay. Before tax, employees deduct their own 10.5% SHUI, a personal relief of VND 11,000,000 a month and VND 4,400,000 a month per registered dependant. Lunch allowances are PIT-free up to VND 730,000 a month. The Tet bonus is taxable but exempt from SHUI if structured as a performance bonus.
Statutory minimum wage
Vietnam sets monthly and hourly minimum wages for four geographic zones by government decree on the recommendation of the National Wage Council. Zone I covers urban Hanoi, Ho Chi Minh City, Hai Phong and the Binh Duong industrial belt; Zone IV covers rural and remote districts. Base salary must not fall below the zone rate, and that base drives overtime, paid leave and severance calculations.
Leave and mandatory benefits
- Paid annual leave. 12 working days for normal conditions (Article 113), 14 to 16 for hazardous work, plus 1 extra day for every 5 full years with the same employer. Unused days are paid out on termination.
- Public holidays. 11 paid days across 6 events: New Year's Day, 5 days for Lunar New Year (Tết), Hung Kings Commemoration, Reunification Day, International Workers' Day and 2 days for National Day, with substitute days for weekends. Foreign employees get 2 more for their own national and new year holidays.
- Sick leave. 30 to 60 days a year (180 for long-term illness), paid by VSS at 75% of the insured salary, not by the employer.
- Maternity. 6 months, paid by VSS at 100% of the insured wage plus a lump sum of twice the base salary. Mothers of infants under 12 months get a paid 60-minute daily nursing break and cannot be dismissed.
- Paternity. 5 to 14 working days depending on the delivery, paid by VSS.
- Family leave. 3 paid days for the employee's marriage, 1 for a child's marriage, 3 for the death of a parent, spouse or child.
- Tet bonus. A 13th-month salary paid before Lunar New Year (lương tháng 13). Discretionary under Article 104, but tech, finance and executive candidates will reject offers without it. Prorated for under 12 months' service.
- Annual health check. Employers must fund at least one full medical examination a year for every employee.
- Working time. Maximum 8 hours a day and 48 a week, with 40 the office standard. Overtime needs consent and pays 150% on a normal day, 200% on a rest day and 300% on a public holiday, plus 30% at night. Caps are 40 hours a month and 200 a year (300 in notified sectors).
Termination and notice periods
Vietnam recognises only two contract types: definite-term (maximum 36 months, renewable once, then it converts to indefinite) and indefinite-term. Probation runs up to 180 days for enterprise managers, 60 for degree-level roles, 30 for vocational roles and 6 working days otherwise, at no less than 85% of full salary, and either side can end it without notice or severance. After probation, an employer can only terminate unilaterally on an Article 36 ground: repeated failure to perform against registered criteria, illness beyond 12 months (6 on a definite contract), force majeure, failure to return after a suspension, retirement age, or 5 consecutive days of unexplained absence.
| Contract type | Minimum written notice |
|---|---|
| Indefinite-term | 45 calendar days |
| Definite-term, 12 to 36 months | 30 calendar days |
| Definite-term, under 12 months | 3 working days |
| Specified occupations (aviation, senior executives) | 120 calendar days |
| Probation, or 5 days' unexplained absence | None |
- Vietnamese text prevails. Contracts with Vietnamese citizens must be in Vietnamese (Article 14). Bilingual versions are allowed, but the Vietnamese wording governs in any dispute.
- Internal Labour Regulations. With 10 or more staff you must register written regulations (nội quy lao động) with the provincial labor department after consulting employee representatives. Performance dismissals rely on criteria written into them.
- Severance versus job-loss allowance. Severance (Article 46) is half a month's wage per year of service on contract expiry, lawful termination or mutual separation. Job-loss allowance (Article 47) is one month per year, minimum 2 months, on restructuring or economic grounds. Both cover only periods not insured by unemployment insurance, at the average wage of the last 6 months.
- Disciplinary dismissal. Reserved for theft, embezzlement, gambling, disclosing trade secrets or absence of 5 days in 30 or 20 in 365. It requires a hearing with written minutes and the employee representative body present.
- Unlawful termination (Article 41). Reinstatement, full back pay and SHUI, plus at least 2 months' wages. If the employee declines to return, severance plus damages.
Can I use independent contractors?
Only if the person runs a genuine registered business household (hộ kinh doanh) or company, serves several clients, issues electronic VAT invoices and controls how and when the work is done. Article 13.1 of the Labour Code says that any agreement, whatever its title, is an employment contract if it involves paid work under the management, direction or supervision of the other party. Inspectors, tax auditors and the courts look for fixed hours, KPIs and reviews, a single income source, a regular monthly fee, company email or equipment, and a job title used externally. On reclassification you owe the full employer and employee SHUI back to day one (21.5% plus 10.5%) with interest of 0.03% a day, 2% union levy arrears, progressive PIT of up to 35% plus a 20% underpayment penalty, fines of up to VND 75,000,000 per violation under Decree 12/2022, and accrued leave and severance. An EOR is the compliant alternative for anyone who works like an employee.
The legal framework in brief
Vietnamese employment law is a civil law system built on one code, implementing decrees and circulars, and enterprise-level instruments such as Internal Labour Regulations. The sources you will hear referenced most:
- Labour Code 2019 (Law 45/2019/QH14). Contracts, probation, working time, leave, discipline and termination.
- Decree 145/2020/ND-CP. Implementing rules on working conditions, collective bargaining, discipline, overtime and female worker protection.
- Decree 12/2022/ND-CP. Administrative fines for labor and social insurance violations.
- Decrees 152/2020 and 70/2023/ND-CP. Work permits and exemptions for foreign nationals, including the 15-day domestic recruitment posting.
- Decree 13/2023/ND-CP on Personal Data Protection. Explicit consent, impact assessments and a transfer impact assessment filed with the Ministry of Public Security within 60 days of moving employee data offshore.
- Law on Social Insurance, Law on Health Insurance, Law on Employment. The three-part SHUI scheme.
- Law on Occupational Safety and Health 2015. Mandatory OSH training and safety officers.
Where the talent is
Vietnam is one of Southeast Asia's fastest growing economies, with a population over 100 million and more than 55,000 software engineering and IT graduates a year from institutions such as Vietnam National University, Hanoi University of Science and Technology and FPT University. Software and shared services compensation runs 40% to 65% below Singapore, Hong Kong or Australia. Vietnamese is the mandatory contract language; English is common in tech and multinational teams.
| Region | Talent and industry concentration |
|---|---|
| Ho Chi Minh City | Commercial and financial capital: software engineering, SaaS, fintech, e-commerce, shared services, marketing |
| Hanoi | Political and R&D capital: enterprise software, AI and machine learning, telecoms, government tech |
| Da Nang | Central tech hub: IT outsourcing, Web3 and gaming, distributed remote teams, innovation centres |
| Binh Duong and Dong Nai | Southern industrial belt: high-tech manufacturing, supply chain logistics, hardware engineering |
| Bac Ninh and Hai Phong | Northern tech corridor: semiconductor packaging, electronics manufacturing, export logistics |
Vietnam Implementation Kit
This page tells you the rules. The kit tells you what to do, in what order, and what goes wrong when you skip a step. Built from Dryft's own onboarding checklist for Vietnam.
- Step-by-step implementation checklist, from hiring route selection to first payroll
- Bilingual contract template with the Article 21 mandatory terms
- Probation structuring by role category and the 85% wage floor
- VND currency compliance for offers, allowances and payslips
- VSS enrollment within 30 days, PIT codes and dependant registration
- Trade union levy and Tet bonus configuration in payroll
- Decree 13/2023 consent forms and cross-border HRIS transfer impact assessment
- Internal Labour Regulations and work permit sequences
This guide is general information, not legal, tax or immigration advice. Vietnamese labor, social insurance, tax and data protection rules change regularly through decrees, circulars and provincial resolutions. Confirm current figures with a qualified adviser or with Dryft before acting. Last reviewed September 2026.
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