From 10 September 2026, a new regulation will officially take effect concerning Vietnamese workers employed abroad under contracts. Under Decree No. 283/2026/ND-CP, workers who voluntarily remain abroad unlawfully after their employment contract or vocational training contract has ended may face a fine of between VND 80 million and VND 100 million, where the circumstances fall within Article 53.
This is particularly important for Vietnamese technical intern trainees and workers in Japan, South Korea and other overseas employment markets, especially those approaching the end of their contracts.
However, it is important to understand the regulation correctly: this is a Vietnamese administrative penalty applicable to Vietnamese workers employed abroad under contracts. It is not a regulation introduced by Japan or South Korea concerning overstaying or unlawful residence. Furthermore, not every Vietnamese citizen residing unlawfully abroad automatically falls within the VND 80–100 million penalty under Article 53.
WHEN WILL DECREE NO. 283/2026/ND-CP TAKE EFFECT?
Decree No. 283/2026/ND-CP was issued by the Vietnamese Government on 15 July 2026, providing regulations on administrative penalties in the fields of labour, social insurance and Vietnamese workers employed abroad under contracts.
The Decree will officially take effect on 10 September 2026.
Article 53 sets out various violations committed by Vietnamese workers employed abroad under contracts, as well as certain violations involving relevant organisations and individuals.
WHEN COULD A WORKER FACE A FINE OF VND 80–100 MILLION?
Under Clause 2, Article 53, a worker may be subject to a fine of between VND 80 million and VND 100 million for:
Voluntarily remaining abroad unlawfully after the termination of an employment contract or vocational training contract, provided that the situation does not involve threats or coercion in any form and does not constitute a criminal offence.
Therefore, the regulation should not be understood simply as:
“Anyone residing unlawfully abroad will automatically be fined VND 100 million.”
The VND 80–100 million penalty applies to the specific conduct and individuals falling within the scope of Article 53.
Whether a particular case is subject to a penalty must be determined based on the person's contract status, actual conduct, reasons, circumstances and other relevant legal conditions.
VIETNAMESE TECHNICAL INTERN TRAINEES AND WORKERS IN JAPAN SHOULD TAKE PARTICULAR CARE
Japan is one of the major destinations for Vietnamese people studying and working overseas. For technical intern trainees and workers in Japan, complying with the terms of their employment contract and maintaining valid residence status are particularly important.
When an employment contract comes to an end, workers should proactively determine their next step:
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Return to Vietnam according to the agreed schedule.
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Apply to change to another status of residence if they meet the relevant requirements under Japanese law.
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Do not remain in Japan without a valid legal basis for residence.
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Do not leave their job or move to another employer without the necessary authorisation.
Workers should be particularly cautious about suggestions such as “just stay and work for a while”, “work illegally for a short time” or “your status can be legalised later” unless they have verified their residence status and right to work in Japan.
A decision made simply to earn additional income can lead to serious consequences concerning immigration status, employment and legal responsibility.
NOT EVERYONE WHO REMAINS IN JAPAN AFTER THEIR CONTRACT ENDS IS STAYING ILLEGALLY
This is an important distinction for workers and their families.
Remaining in Japan after the end of an employment contract does not automatically mean that the person is residing illegally.
If a worker meets the requirements and has properly completed the procedures to change to another status of residence, their continued stay must be assessed under Japanese immigration law.
Conversely, if the contract has ended but the worker voluntarily remains in Japan unlawfully, without a valid legal basis for residence, and falls within the circumstances specified under Article 53, they may be subject to the new administrative penalty.
Before the end of their contract, workers should therefore check:
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When their employment or vocational training contract officially ends.
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How long their current status of residence remains valid.
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Whether they are eligible to change to another status of residence.
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Whether all necessary procedures have been properly completed.
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If they cannot legally remain, how and when they will return to Vietnam.
WHAT IF A WORKER HAS BEEN THREATENED OR COERCED?
The Decree specifies that the VND 80–100 million penalty concerns voluntarily remaining abroad unlawfully where the person has not been threatened or coerced in any form and where the conduct does not constitute a criminal offence.
Therefore, when assessing an individual case, it is not enough to establish whether the worker remained abroad unlawfully. The reasons and circumstances leading to the situation must also be considered.
If a worker experiences threats, coercion, exploitation or other serious problems, they should promptly seek assistance from their sending organisation, supervising organisation, Vietnamese representative authorities or competent authorities in the host country.
VIETNAMESE WORKERS IN SOUTH KOREA SHOULD ALSO TAKE NOTE
South Korea is another important destination for Vietnamese people seeking employment and education overseas.
For workers employed through lawful programmes, maintaining the correct status of residence, contract period and employment conditions is essential.
Workers should not:
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Leave their workplace without authorisation.
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Change jobs without the necessary approval.
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Remain in South Korea after their contract has ended without establishing a legal basis for doing so.
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Work outside the conditions permitted by their status of residence.
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Rely on brokers or individuals who claim that they can “legalise” an unlawful immigration status later.
As their contracts approach expiry, workers should proactively explore the available options, such as extending their stay, changing to an appropriate status if eligible, or completing the procedures to return to Vietnam.
VIETNAMESE STUDENTS IN SOUTH KOREA SHOULD ALSO UNDERSTAND THE RULES CORRECTLY
South Korea is also home to a large Vietnamese student community studying at universities, colleges and Korean language institutions.
For this group, it is important to distinguish between rules applicable to international students and those applicable to Vietnamese workers employed abroad under contracts.
Vietnamese students in South Korea should not assume that every student who violates immigration regulations automatically faces a VND 80–100 million fine under Article 53 of Decree No. 283/2026/ND-CP.
However, students must still comply with South Korean regulations concerning visas, residence status, permitted periods of stay and conditions governing part-time employment.
When approaching graduation or the end of their study programme, students who wish to remain in South Korea to seek employment or work should research and complete the appropriate procedures for extending or changing their status of residence, if eligible.
It is particularly important not to allow their residence status to expire before the necessary procedures have been completed.
NOT ONLY JAPAN AND SOUTH KOREA
These issues are also relevant to Vietnamese people studying and working in Taiwan, Germany and other countries and overseas employment markets.
Each country has its own visa system, residence categories and employment regulations. An activity permitted in one country may not necessarily be permitted in another.
Vietnamese citizens living overseas should therefore not rely solely on advice from friends, acquaintances or unofficial sources when deciding whether to:
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Remain after their contract expires.
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Change jobs.
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Take up additional employment.
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Change the purpose of their residence.
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Change their visa or status of residence.
When an employment contract or study programme is approaching its end, individuals should proactively obtain information from competent authorities in the host country, their educational institution, employer, supervising organisation or sending organisation.
4 THINGS VIETNAMESE CITIZENS ABROAD SHOULD REGULARLY CHECK
Whether living in Japan, South Korea or another country, Vietnamese citizens studying and working overseas should regularly check four key matters:
1. Current status of residence
What activities does their current status of residence permit them to undertake?
2. Period of stay
When does their current period of stay expire? When should they apply for an extension or change of status?
3. Employment contract or study programme
When does their employment contract, vocational training contract or study programme officially end?
4. Plans after completion
If they wish to remain abroad, do they meet the relevant requirements and have they completed all necessary legal procedures?
These may seem like straightforward matters, but they can determine whether a person is legally entitled to continue living and working abroad.
DO NOT CONFUSE “REMAINING ABROAD” WITH “REMAINING LEGALLY”
A person may continue staying in Japan, South Korea or another country after completing a period of study or employment if they hold a valid status of residence and meet the requirements of the host country's laws.
Conversely, if their period of stay has expired or they no longer have a legal basis for residence but continue to remain in the country, they may face enforcement measures under the laws of the host country.
For Vietnamese workers covered by Decree No. 283/2026/ND-CP, voluntarily remaining abroad unlawfully after the termination of an employment contract or vocational training contract, where the situation is not the result of threats or coercion and does not constitute a criminal offence, may result in a fine of VND 80 million to VND 100 million.
Rather than focusing solely on the amount of the potential fine, Vietnamese citizens studying and working abroad should develop the habit of checking their immigration status and preparing a lawful plan before their employment contract or study programme ends.
FROM JAPAN AND SOUTH KOREA TO OTHER DESTINATIONS: BE PROACTIVE TO PROTECT YOURSELF
Studying or working abroad provides opportunities to gain knowledge, professional experience, income and new career prospects. At the same time, these opportunities come with the responsibility to comply with the laws of the host country and relevant Vietnamese regulations.
As an employment contract or study programme approaches its end, Vietnamese citizens abroad should proactively consider their next steps rather than waiting until their visa or status of residence expires.
If they wish to continue studying or working, they should research the requirements and complete the appropriate procedures for changing or extending their status of residence.
If they cannot legally remain, they should make arrangements to return to Vietnam in accordance with the applicable regulations.
In particular, do not leave your job, move to another employer without authorisation or remain abroad unlawfully simply because of suggestions from acquaintances or brokers.
Complying with immigration and residence regulations not only helps minimise the risk of penalties but also protects an individual's immigration history, legal rights and future opportunities to study and work overseas.
SONG DA TOHOKU'S RECOMMENDATIONS
For Vietnamese technical intern trainees, workers and students living overseas, when issues arise concerning employment contracts, workplaces, educational institutions, residence periods or plans after completing a programme, it is advisable to proactively consult the sending organisation, supervising organisation, educational institution or competent authorities for appropriate guidance.
Do not wait until a visa expires, a contract has ended or an immigration problem has already arisen before taking action.
Understand the rules – comply with the regulations – choose a lawful option. These are essential steps for Vietnamese citizens abroad to protect themselves and build a stable and safe future while studying or working overseas.
Note: This article is provided for informational purposes and is based on Decree No. 283/2026/ND-CP and relevant regulations. The applicable penalty and scope of application must be determined according to the specific conduct, individual circumstances and legal conditions of each case. For matters concerning the laws of the host country, students and workers should consult the relevant competent authorities or qualified professional advisers.
CONTACT INFORMATION
SONG DA TOHOKU JOINT STOCK COMPANY
Address: L02-L01, Area A, Duong Noi Urban Area, Duong Noi Ward, Hanoi, Vietnam
Hotline: 0989044852
Email: tohokusongda2014@gmail.com
Website: https://tohoku.vn