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Employer of record

Employer of record (EOR)

Staff permitted roles in Vietnam within the labor-leasing framework

Expanding into Vietnam but not ready to incorporate? Our EOR service lets you onboard staff legally for temporary market-entry needs under Vietnam's labor leasing framework (Articles 52–58 of the Labor Code 2019 and Chapter IV of Decree 145/2020/ND-CP, covering 20 permitted job categories in Appendix II for up to 12 months per employee). We act as the legal employer, handling labor contracts, payroll, social insurance, and compliance while you direct day-to-day work.

CPA-led team

Accounting service licence No. 157/KDKET issued by the Ministry of Finance (MOF).

Bilingual contracts

All labor contracts, payslips, and reports prepared in English and Vietnamese.

PDPL compliant

Employee data processed under Law 91/2025/QH15 and Decree 356/2025/ND-CP.

Transparent pricing

Fixed monthly fee per employee, with no hidden charges or setup costs.

Fast onboarding

From signed agreement to fully onboarded, payroll-ready employee.

Why expert guidance matters

When does EOR make sense?

Under Vietnam's Labor Code 2019, foreign companies without a local presence cannot directly sign local employment contracts. While statutory issuance of an Investment Registration Certificate (IRC) takes 10 working days from a valid dossier (Article 39.3 of Decree 96/2026/ND-CP) plus enterprise registration and capital setup, Employer of Record (EOR), operating under Vietnam's labor leasing framework (Articles 52–58 of the Labor Code 2019 and Chapter IV of Decree 145/2020/ND-CP), offers a compliant bridge for up to 12 months per employee across the 20 permitted occupational categories in Appendix II.

We handle the mandatory 21.5% employer Social, Health, and Unemployment Insurance (SHUI) contributions under the Law on Social Insurance 41/2024/QH15 and Law on Employment 74/2025/QH15, as well as Personal Income Tax (PIT) withholding under Law 109/2025/QH15. We also ensure compliance with the Personal Data Protection Law 91/2025/QH15 while your team reports to you operationally.

Our licensed experts maintain strict statutory compliance. This helps protect your business from labor disputes and tax penalties, letting you focus on market entry and transitioning to your own entity when ready.

Choose your path

EOR vs. own entity: which is right for you?

Both approaches are fully legal in Vietnam. The right choice depends on your timeline, headcount, and long-term plans.

Most popular

Employer of Record (EOR)

Setup Time
Fast onboarding upon agreement
Upfront Cost
$0 upfront, pay monthly per employee
Minimum Capital
None required
Legal Employer
ICLV (on your behalf)
Optimal Team Size
Permitted roles (up to 12 months per employee)
Best For
Market testing, temporary project support (up to 12 months)
Key Advantage
Speed: rapid market entry without incorporating

Own Entity (LLC/FDI)

Setup Time
IRC: 10 working days (Art. 39.3 Decree 96/2026/ND-CP) + ERC: 3 working days
Upfront Cost
$3,000–10,000+ (registration, office, licenses)
Minimum Capital
Sector-dependent (negotiated with Department of Finance (formerly DPI))
Legal Employer
Your registered company
Optimal Team Size
Unlimited
Best For
Permanent presence, scaling operations
Key Advantage
Full control: your brand, your entity

Many clients start with EOR for initial market testing, then transition to their own entity within the 12-month statutory window. We manage the full transition so contracts, Social Insurance, and leave balances transfer smoothly.

Our process

How we work with you

1

Scope & agreement

We discuss your hiring needs, employee role(s), compensation structure, and start date. You review and sign the EOR service agreement with ICLV.

2

Employee onboarding

We draft compliant labor contracts (bilingual EN/VI), register the employee with Social Insurance, and set up payroll so your employee is ready to start promptly.

3

Monthly operations

Each month, we process payroll, file SHUI contributions, withhold PIT, and deliver payslips to your employee. You receive a monthly summary report for your records.

4

Ongoing HR support

We handle contract renewals, salary adjustments, leave management, and any employment law questions that arise. When you're ready to incorporate, we manage the complete transition of employees to your own entity.

Vietnam labor rules

Employment rules your EOR team must follow

As the legal employer, ICLV ensures full compliance, but understanding these rules helps you manage your team effectively.

Working hours & overtime

Standard: 8 hours/day, 48 hours/week (40 hours encouraged by the State). Overtime capped at 40 hours/month and 200 hours/year. Overtime rates: 150% (weekdays), 200% (weekends), 300% (holidays). Night shift premium: +30%.

Probation period rules

Maximum 60 days for positions requiring a college degree or higher. Maximum 30 days for vocational/technical positions. Maximum 6 days for other positions. During probation, salary must be at least 85% of the official salary.

Annual leave entitlements

Minimum 12 paid days per year for standard working conditions. +1 additional day for every 5 years of service. Unused leave can be carried over or paid out upon termination. Employees also receive paid leave for personal events (marriage, bereavement).

Public holidays & Tet

11 paid public holidays per year, including 5 days for Tet (Lunar New Year). Foreign employees get 1 additional day each for their country's national day and a traditional holiday. The 13th month salary (Tet bonus) is not legally required but is a very strong market expectation.

Contract types & duration

Definite-term contracts: maximum 36 months, renewable once. After the second definite-term contract, the next must be indefinite-term. This impacts EOR engagement planning: we advise on contract structuring from day one.

Termination & severance

Employer-initiated termination is allowed only on the statutory grounds of Article 36 of the Labor Code 2019; notice and severance depend on the ground. Severance: half a month's salary per year of service (excluding years covered by UI contributions). Wrongful termination can result in back-pay obligations and reinstatement orders.

Personal data protection (Law 91/2025/QH15)

As the legal employer, ICLV processes employees' personal data (salaries, tax codes, bank accounts, national IDs) on their behalf. We handle this data under Vietnam's Personal Data Protection Law (Law No. 91/2025/QH15) and Decree 356/2025/ND-CP, and protect it against unauthorized access.

ICLV handles all compliance, from contract drafting to data protection, so your team operates within Vietnam's legal framework.

Your deliverables

What You'll Receive

Legal Employment

  • Labor contract drafting (EN & VI)
  • Employment registration with authorities
  • Social Insurance registration
  • Tax code registration
  • Internal Labor Regulations compliance
  • Work rules and policies advisory

Payroll & Benefits

  • Monthly gross-to-net salary processing
  • SHUI contribution calculation and filing
  • PIT withholding and annual finalization
  • Bilingual payslips
  • Bank payment file preparation
  • Benefits administration

Lifecycle Management

  • Employee onboarding and registration
  • Contract renewal management
  • Salary adjustment processing
  • Termination and severance handling
  • Social Insurance book closure
  • Transition to client entity (when ready)
"EOR provides a compliant entry bridge into Vietnam's talent market under the statutory labor leasing framework. You can onboard staff in permitted roles while we handle contracts, payroll, and social insurance, without waiting to complete company incorporation. When you are ready to scale or reach the 12-month limit, we transition your team directly to your own entity."

David Nguyen

Partner & director

CPA License #3868, Ministry of Finance, Vietnam · 14+ years in audit, tax, and FDI consulting. Experienced in structuring EOR arrangements for market entry across manufacturing, technology, and professional services sectors.

Selected clients
AHK VietnamBata VietnamAirAsiaBestsellerBigLifeBlueleafBOIBW GroupBayWa r.e.CaleresChesoCopenhagen Infrastructure Service (Vietnam)CognexFGI FinanceGAMEHaidilaoHennerHSLHyster-YaleIHG Hotels & ResortsJobstreetJR286JUWIKingkhoLiftraMalca-AmitMeril Life SciencesMetrojetMT GroupPedersen & PartnersPrymPonhanQL ResourcesQualcommScoularSonosSSABTaizhiTopconTrina SolarUMAGEValuetronicsBidgetekGoBearLurrelQualitasWayfairAlvarez & MarsalAMETEKDr. MartensDayforceBeyondsoftCallaway GolfChina Mobile InternationalWSPESR GroupSkyworthCPL AromasWiseasyScatecSamaneaTeckwahDuPontAtalianSkeduloib vogtEntoriaLOGOSRX TradexXingke ElectronicsXinDongHuang BearingIntube AsiaFar East HorizonGBestLife Wear TechnologiesKimagriMekong Sustainable SolutionsInterflow10dency GlobalAEQONCintana EducationDaylight SolarPNB TechnologyFull WisdomGreen Precision ComponentsIDBOXHCM AutoDI Business ServiceBLE VietnamHK HoldingSou VietDGL InternationalSCloudFABS ManagementJBU VietnamSkyWorld DevelopmentVLSCHữu Tín HằngZhongbu PlasticsMắt Sài GònGlobal Star TechnologyFredtonNhân Sinh PhúcNhật Thịnh ElectricSEAA-1983EraldaThe Wu GroupTechnic DevelopmentZYCCZDL VietnamĐiện Gió Đầm NạiSài Gòn BagsTrung Sơn EnergyLương Tài RenewableProspect GroupBayWa r.e. Wind ProjectsEnergy Solutions 1BW Deep C Hai PhongBW Le Minh Xuan 3BW Phu An ThanhBW Song Than 2BW Tan Dong Hiep BBW Bau BangLOGOS SE AsiaLOGOS Vietnam BN1LOGOS Vietnam HCMCVVIC AuditHaidilao Nha TrangHaidilao HCMIHG Asia PacificTricor Services HKTricor Services VietnamMT Food SystemsBWID
FAQ

Frequently Asked Questions

Yes, within Vietnam's statutory labor leasing (dispatch) framework under Articles 52–58 of the Labor Code 2019 and Chapter IV of Decree 145/2020. Vietnam does not have a standalone 'EOR' statute; from 01/07/2026 to 28/02/2027, labor leasing runs on a VND 2 billion deposit, notice of operations to the provincial Department of Home Affairs and quarterly reports, while new licences are not issued or renewed (Resolution 66.18/2026/NQ-CP). Placements are restricted to the 20 permitted occupational categories in Appendix II of Decree 145/2020 for temporary needs up to a maximum of 12 months per employee.

Onboarding is completed rapidly once the agreement is signed. This includes labor contract execution, Social Insurance registration, tax code setup, and bank account coordination.

You do. The EOR model separates legal employment (handled by ICLV) from operational management (handled by you). Your employees report to you for all work-related matters. We handle the legal, payroll, and compliance layer.

We manage the full transition: transferring labor contracts, Social Insurance books, and accumulated leave entitlements from ICLV to your newly incorporated company. This ensures continuous employment with no gap in benefits or compliance.

Under Decree 219/2025/ND-CP and the Labor Code 2019, the entity that directly uses a foreign worker must explain the foreign labor demand (Form 03) and sponsor the Work Permit. Using a pure EOR arrangement to sponsor a Work Permit and dispatch a foreign national to another organization carries high rejection and compliance risks because the named employer is not the direct user of labor. For expatriate hires, we advise incorporating a local entity or Representative Office to sponsor the Work Permit directly, or structuring a compliant technical/professional service delivery arrangement.

Vietnamese law does not cap the number of leased employees; the statutory limits under Decree 145/2020 are the 20 permitted occupational categories (Appendix II) and the maximum 12-month placement duration per employee. Once operations extend beyond 12 months, incorporating a local entity is the route to keep the team.

An Employer of Record (EOR) becomes the full legal employer: signing contracts, paying salaries, and bearing employment liability. A Professional Employer Organization (PEO) co-employs your staff alongside your own entity. In Vietnam, when you don't have a local entity, you need a full EOR arrangement. ICLV provides full EOR services, assuming complete legal employer responsibility.

EOR typically costs $500–800 per employee per month (covering payroll processing, SHUI management, and compliance). Setting up your own LLC/FDI entity costs $3,000–10,000+ upfront plus $1,500–3,000/month in ongoing compliance costs (accounting, tax filing, office lease).

Yes, for temporary support positions falling within the 20 permitted labor leasing categories under Appendix II of Decree 145/2020 (for up to 12 months per employee). Under this arrangement, the staff are employed by ICLV while reporting to you operationally.

We handle the full termination process in compliance with Vietnam's Labor Code 2019: termination only on the statutory grounds with the notice that ground requires, severance pay calculation, Social Insurance book closure, final salary and unused leave payout, and all required documentation. We ensure the process is legally compliant to avoid wrongful termination claims.

Not sure where to begin?

Check whether EOR fits your roles

EOR works for a narrow set of roles and a limited term. Talk to our team to confirm whether your hires qualify before you commit.