Service enterprises may collect training fees only after workers are selected

On August 24, 2026, the XVIth National Assembly passed Law No. 22/2026/QH16 Amending and Supplementing a Number of Articles of the Law on Vietnamese Guest Workers.
Clause 8, Article 1 of Law No. 22/2026/QH16, which amends and supplements Article 18 of the Law on Vietnamese Guest Workers, No. 69/2020/QH14, provides:

A service enterprise may only collect fees for training and refresher training in occupational skills and foreign languages after the worker has been selected by the worker-receiving foreign partner and has signed a contract on the sending of Vietnamese workers abroad.

Accordingly, a service enterprise may not collect fees for training and refresher training in occupational skills and foreign languages during the worker source preparation stage before the worker is selected by the foreign partner and signs a contract on the sending of Vietnamese workers abroad. This provision applies to worker source preparation activities carried out by service enterprises under Article 18 of the Law on Vietnamese Guest Workers.

Service enterprises may collect training fees only after workers are selected

In addition, Clause 3, Article 18, as amended and supplemented by Clause 8, Article 1 of Law No. 22/2026/QH16, provides that a service enterprise shall enter into a written agreement with workers on their participation in worker source preparation activities. Such agreement must contain the following contents:

  • Fees for training and refresher training in occupational skills and foreign languages and other amounts collected, if any;

  • The expected market, sectors, occupations, selection criteria and selection time;

  • A commitment to prioritizing the selection of workers who have participated in worker source preparation activities;

  • Responsibilities of the parties in case a worker is not selected by the worker-receiving foreign partner or terminates his/her participation in worker source preparation activities ahead of schedule.

In addition, when organizing worker source preparation activities, a service enterprise shall carry out such activities as providing information and conducting dissemination activities among workers; providing counseling and organizing preliminary selection of workers; and providing training and refresher training in occupational skills and foreign languages when necessary in accordance with the law on education.

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