The Ministry of Justice is appraising the draft Law amending and supplementing a number of articles of the Labor Code, the Law on Archives, the Law on Gender Equality and the Law on Red Cross Activities. The draft law is drafted by the Ministry of Home Affairs.
Accordingly, the Ministry of Home Affairs proposes to uniformly and synchronously adjust the content on cutting and simplifying administrative procedures and business conditions in the Investment Law, Resolution No. 66. 18/2026/NQ-CP (according to Resolution No. 206/2025/QH15), accordingly, not stipulating that labor leasing occupations are conditional business occupations.
The Ministry proposes to amend and supplement Clause 2, Article 52 in the direction of: "Labor leasing activities are only carried out by labor leasing enterprises and apply to certain jobs, not applicable to foreign workers working in Vietnam", removing "conditional business lines" and the condition "Labor leasing operating license", ensuring compliance with the fact that labor leasing lines are no longer conditional business lines in the Investment Law, Resolution No. 66. 18/2026/NQ-CP.
This clause supplements the content "not applicable to foreign workers working in Vietnam", because the content of labor subleasing is specified in Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government detailing and guiding the implementation of a number of articles of the Labor Code on working conditions and labor relations.
However, Clause 1, Article 2 of Decree No. 145/2020/ND-CP on subjects of application only applies to "Workers, vocational learners, trainees according to Clause 1, Article 2 of the Labor Code" and does not apply to subjects who are "Foreign workers working in Vietnam" according to Clause 3, Article 2 of the Labor Code.
Because Decree No. 145/2020/ND-CP does not stipulate the application of labor subleasing to foreign workers working in Vietnam, there is no need to stipulate a transition for cases where labor subleasing contracts have been signed or are in the process of being implemented by foreign workers working in Vietnam.
At the same time, this content aims to protect the job positions for Vietnamese workers, as Clause 1, Article 152 of the Labor Code stipulates: "Businesses, agencies, organizations, individuals, and contractors are only allowed to recruit foreign workers for management, operation, expert and technical work positions that Vietnamese workers have not yet met according to production and business needs".
Therefore, the addition of regulations not to apply labor subleasing to foreign workers working in Vietnam ensures synchronization and consistency with relevant regulations in Clause 1, Article 152 of the 2019 Labor Code, and at the same time, aims to strengthen the management of foreign workers, overcome the situation of abusing legal regulations, contributing to ensuring security, national defense and social order.
