Key changes in Circular No. 09/2026/TT-BNV: What businesses need to know?

1. New cap on brokerage service fees for sending Vietnamese workers abroad

Under Clause 3, Article 1 of Circular No. 09/2026/TT-BNV, which amends Article 7 of Circular No. 21/2021/TT-BLĐTBXH, the maximum service price under a brokerage contract is determined based on the agreement between the service enterprise and the intermediary organization or individual, provided that it does not exceed the prescribed ceiling.

Specifically:

- The maximum service price under a brokerage contract must not exceed 0.5 of the worker’s monthly wage stated in the labor contract for each 12 working months.
- For labor contracts with a definite term of 36 months or more, the maximum service price must not exceed 1.5 of the worker’s monthly wage stated in the labor contract.

2. Revised documentary requirements for sending workers to Japan

According to Clause 2, Article 1 of Circular No. 09/2026/TT-BNV, the documents proving the legality of sending Vietnamese workers to work in Japan have been revised as follows:

- Where the worker-receiving foreign partner is the employer: The proving document is one copy of the business license or other equivalent papers issued by the competent authority to the employer showing a business field suitable to the professions, occupations and jobs requiring foreign workers, together with its Vietnamese translation.

- Where the worker-receiving foreign partner is an employment service organization: The proving documents include one copy of:

• A license issued or certified by the competent authority of Japan showing that employment service is included in its business lines, together with its Vietnamese translation; or
• The list of management unions and organizations permitted to receive technical intern trainees, specified skilled workers, and foreign workers’ skills development provided to the Vietnamese side by the competent authority of Japan under the signed cooperation agreement.

3. New appendices and forms for different labor markets

Another notable change introduced by Circular No. 09/2026/TT-BNV is the replacement of several appendices and forms, including:

- Form for preparation of labor resources;
- Form for registration of labor supply contracts;
- Contract on sending Vietnamese workers abroad;
- Form for registration of trainee reception contracts;
- Form for registration of labor contracts directly concluded with overseas employers;
- Certificate of completion of the pre-departure orientation course;
- Outline of the annual periodic report for service enterprises sending Vietnamese workers abroad.

4. Simplified dossier for labor resource preparation

Pursuant to Article 4 of Circular No. 09/2026/TT-BNV, the dossier for labor resource preparation has been simplified. The following documents previously required under Article 17 of Circular No. 09/2025/TT-BNV are no longer required:

- A labor resource preparation plan;
- A written commitment by the service enterprise to give priority to recruiting workers who have participated in labor resource preparation activities.

The Circular also simplifies the documents proving that a foreign partner is authorized by the competent authority of the host country to recruit foreign workers when cooperating with a Vietnamese service enterprise for the first time:

- Where the foreign partner is the employer: The requirement that the business license or equivalent document must indicate a business field suitable to the professions, occupations and jobs requiring foreign workers has been removed.
- Where the foreign partner is an employment service organization: The requirement to submit a cooperation agreement or a written request for recruitment of Vietnamese workers (together with its Vietnamese translation) between the employment service organization and the employer has been removed.

These are the key changes introduced by Circular No. 09/2026/TT-BNV that businesses should be aware of.