Why Hiring Domestic Help in Vietnam Feels Like Walking a Legal Tightrope
You have just settled into your apartment in Ho Chi Minh City or Hanoi. Between work, school runs, and the sheer logistics of daily life in a new country, you decide to hire a local nanny or housekeeper. You ask around the expat community, get a few recommendations, and find someone reliable. You agree on a monthly salary, and she starts work the following week. Problem solved — or so you think.
Then you learn that under Vietnam’s Labor Code 2019, hiring a domestic helper without a written employment contract and without notifying the local commune People’s Committee is a punishable administrative violation. As a foreigner, you may assume the rules are different for you, or that informal arrangements are common practice. They are — but common practice is not legal compliance. From September 10, 2026, penalties for non-compliance have become stricter under Decree 283/2026/NĐ-CP, with fines reaching up to VND 75 million for serious violations.
This guide breaks down the legal framework for foreigners hiring domestic helpers in Vietnam — the exact contract template, the mandatory notification to the commune, the social insurance obligations, and the mistakes that turn a simple hiring decision into an expensive legal problem.
Official Legal Basis: Labor Code 2019 and Decree 145/2020/NĐ-CP
Vietnam’s legal framework for domestic workers is set out in the Labor Code 2019 and detailed in Decree 145/2020/NĐ-CP. The key provisions are as follows.
- Labor Code 2019, Article 161 — Defines a domestic worker as a worker who regularly carries out domestic work for one or more households. Domestic work includes cooking, housekeeping, babysitting, nursing, caring for elders, driving, gardening, and other work for a household that is not related to commercial activities.
- Labor Code 2019, Article 162, Clause 1 — The employer must enter into a written employment contract with the domestic worker. Oral agreements are not sufficient under the law.
- Labor Code 2019, Article 162, Clause 2 — The contract term is determined by mutual agreement. Either party may unilaterally terminate the contract at any time with at least 15 days’ advance notice, except in specific cases where no notice is required (such as abuse, forced labor, or failure to pay wages).
- Decree 145/2020/NĐ-CP, Article 89 — Provides detailed guidance on domestic worker contracts, including the requirement to use Form No. 01/PLV (the domestic worker labor contract template) attached in Appendix V.
- Decree 145/2020/NĐ-CP, Appendix V, Form No. 02/PLV — The official notification form for hiring a domestic worker. The employer must submit this to the commune-level People’s Committee within 10 days of signing the labor contract.
- Decree 283/2026/NĐ-CP, Article 28 — Effective September 10, 2026. Sets out administrative penalties for violations related to domestic workers, including fines of VND 1–3 million for failing to notify the commune, and VND 10–15 million for failing to pay social insurance and health insurance contributions.
Critical distinction: Not every person who works in your home is a “domestic worker” under the Labor Code. If you hire someone for occasional, non-regular cleaning — a few hours here and there, not on a regular schedule — that relationship may fall outside the scope of the domestic worker regulations. The key test is whether the work is regular and ongoing for one or more households.
Do Foreigners Hiring Domestic Helpers Face Different Rules?
This is the question every expat asks, and the answer is nuanced. Vietnamese law does not create a separate legal category for foreign employers of domestic workers. The same Labor Code provisions apply to any employer who hires a domestic worker in Vietnam, regardless of the employer’s nationality.
However, there are practical differences that foreign employers should understand.
- No work permit requirement for the domestic helper. A domestic worker hired by a household is not subject to the foreign worker work permit regime, because the worker is Vietnamese (or a foreigner with appropriate residency status). The work permit rules under Decree 219/2025/NĐ-CP apply to foreign workers employed by enterprises, not to domestic workers in private households.
- Contract and notification obligations apply equally. Whether you are Vietnamese or foreign, if you directly hire a domestic worker on a regular basis, you must sign a written contract and notify the commune-level People’s Committee.
- Social insurance and health insurance obligations. The employer must pay the domestic worker an amount equivalent to the compulsory social insurance and health insurance premiums, so the worker can participate in social insurance and health insurance by themselves. This is not a direct contribution to the social insurance fund but a payment to the worker alongside their salary.
- Language barrier in compliance. The official forms are in Vietnamese. As a foreign employer, you will need a Vietnamese-speaking person to assist with the notification form and any communication with the commune People’s Committee.
Required Documents and Contracts: The Official Form No. 01/PLV
The domestic worker labor contract must follow the official template under Form No. 01/PLV in Appendix V of Decree 145/2020/NĐ-CP. The contract must include the principal contents specified in Article 21, Clause 1 of the Labor Code.
- Written labor contract (Form No. 01/PLV) — One original for the employer and one for the domestic worker.
- Notification to commune People’s Committee (Form No. 02/PLV) — Submitted within 10 days of signing the contract.
- Domestic worker’s identification — Citizen Identity Card (CCCD) or passport details.
- Employer’s identification — For foreign employers: passport number and residence details.
- Job description and working conditions — Including the scope of work, accommodation arrangements (if live-in), and safety and health information.
- Wage and payment terms — Agreed wage, payment method, and schedule.
- Working time and rest time — Must comply with Labor Code Chapter VII.
Copyable Domestic Worker Contract and Notification Templates
The following templates are based on the official forms issued under Decree 145/2020/NĐ-CP. Use them as the basis for your written contract and commune notification. Replace all bracketed placeholders with your actual information.
DOMESTIC WORKER LABOR CONTRACT
(Hợp đồng lao động giúp việc gia đình — Mẫu số 01/PLV) SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
------------ Căn cứ vào Bộ luật Lao động năm 2019;
Căn cứ Nghị định số 145/2020/NĐ-CP ngày 14 tháng 12 năm 2020 của Chính phủ; DOMESTIC WORKER LABOR CONTRACT 1. PARTY A: EMPLOYER
Mr./Ms.: [Employer Full Name]
Representing the household consisting of (list household members):
[List Household Members]
Residence address: [Employer Address in Vietnam]
Phone: [Phone Number]
Passport number: [Passport Number] issued on [Issue Date] at [Issuing Authority] 2. PARTY B: DOMESTIC WORKER
Mr./Ms.: [Worker Full Name]
Residence address: [Worker Address]
Phone: [Worker Phone Number]
Citizen ID/Passport number: [Worker ID Number] issued on [Issue Date]
at [Issuing Authority]
Emergency contact: [Emergency Contact Name]
Relationship to worker: [Relationship]
Emergency contact address: [Emergency Address]
Emergency contact phone: [Emergency Phone] The two parties agree to enter into a labor contract with the following terms: Article 1. Contract Term
- Labor contract: Indefinite term / Definite term of [Number] months.
- Start date: From [Start Date].
- Probation period (if any): From [Start Date] to [End Date]. Article 2. Job and Workplace
- Workplace: [Full Address Where Domestic Work Is Performed]
- Job description (list daily tasks): [Example: house cleaning, cooking, laundry, childcare, etc.] Article 3. Wage
- Job-based wage: [Amount] VND/month.
- Accommodation expenses (if live-in): [Amount] VND/month.
- Payment method: [Cash / Bank Transfer].
- Payment schedule: [Monthly / Bi-weekly / Other]. Article 4. Working Time and Rest Time
- Daily working hours: [Number] hours.
- Daily break: At least [Number] hours, including [Number] consecutive hours in a 24-hour period.
- Weekly break: [Day(s) of week] / At least 4 days off per month on average. Article 5. Social Insurance and Health Insurance
The Employer shall pay the Worker an amount equivalent to the compulsory
social insurance and health insurance premiums in accordance with the law,
simultaneously with the wage payment, so that the Worker may participate in
social insurance and health insurance by themselves. Article 6. Obligations of the Employer
- Fully perform the agreements in this contract.
- Pay the social insurance and health insurance equivalent amount.
- Respect the honor and dignity of the Worker.
- Provide hygienic accommodation and meals if agreed.
- Create opportunities for cultural education and vocational training.
- Pay travel expenses for the Worker to return to their place of residence at the end of the contract, except when the Worker terminates prematurely. Article 7. Obligations of the Worker
- Fully perform the agreements in this contract.
- Compensate for any damage caused. Article 8. Termination of Contract
Either party may unilaterally terminate this contract at any time with at
least 15 days' advance notice, except in cases where no notice is required
under Article 162, Clause 2 of the Labor Code 2019. Article 9. Other Agreements
[Any additional terms agreed by both parties] This contract is made in two (02) originals, one held by each party. Made at [Location], on [Date]. PARTY A (EMPLOYER) PARTY B (DOMESTIC WORKER)
[Signature] [Signature]
[Full Name] [Full Name]NOTIFICATION OF DOMESTIC WORKER EMPLOYMENT
(Thông báo về việc sử dụng lao động là người giúp việc gia đình — Mẫu số 02/PLV) SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
------------ NOTIFICATION OF DOMESTIC WORKER EMPLOYMENT To: The People's Committee of [Commune/Ward/Special Administrative Region]
[Commune/Ward Name] Full name: [Employer Full Name]
Sex: [Male / Female]
Nationality: [Nationality]
ID/Passport number: [Passport Number]
Issued on: [Issue Date]
Issued at: [Issuing Authority]
Residence address: [Registered Residence Address]
Current address: [Current Residential Address] I hereby notify the People's Committee of [Commune/Ward Name] of the
employment of a domestic worker as follows: 1. The Worker: - Full name: [Worker Full Name] - Date of birth: [Date of Birth] - Sex: [Male / Female] - ID/Passport number: [Worker ID Number] - Issued on: [Issue Date] - Issued at: [Issuing Authority] - Residence address: [Worker Residence Address] - Current address: [Worker Current Address] 2. Legal representative of the Worker (if any): - Full name: [Representative Name] - ID/Passport number: [Representative ID] - Issued on: [Issue Date] - Issued at: [Issuing Authority] - Current address: [Representative Address] 3. Workplace: [Full Address Where Domestic Work Is Performed] 4. Main job under the labor contract: [Job Description] 5. Labor contract term: Indefinite term / Definite term of [Number] months. 6. Start date of labor contract: From [Start Date]. 7. Accommodation for the Worker at the workplace (if any): [Describe Accommodation or State "Not Applicable"] [Date] Signature of Employer
[Signature and Full Name]Step-by-Step Procedure for Legal Hiring
- Determine whether the work is “regular domestic work.” If you are hiring someone for ongoing, regular household tasks — cooking, cleaning, childcare, elder care — on a recurring basis, this is domestic work under Article 161. If you hire an occasional cleaner for a few hours once a month, it may fall outside the scope, but verify with the commune People’s Committee if you are unsure.
- Decide whether to hire directly or through a service company. If you hire directly, you are the employer and must comply with the contract and notification requirements. If you hire through a service company that manages and pays the helper, the labor relationship is between the helper and the company, and your notification obligation does not apply.
- Prepare the written labor contract using Form No. 01/PLV. Include all mandatory contents: contract term, job description, workplace, wage, working time and rest time, social insurance and health insurance equivalent payment, and termination conditions.
- Sign the contract with the domestic worker. Both parties sign two originals — one for the employer and one for the worker.
- Complete the notification form (Form No. 02/PLV). Fill in the employer’s details, the worker’s details, the workplace, the job description, the contract term, and the start date.
- Submit the notification to the commune-level People’s Committee. The notification must be submitted within 10 days of signing the labor contract. The commune is the one where you reside or where the workplace is located.
- Pay the social insurance and health insurance equivalent amount. Alongside each wage payment, pay the worker an amount equivalent to the compulsory social insurance and health insurance premiums so the worker can participate in those schemes independently.
- Maintain records. Keep copies of the signed contract and the submitted notification form. If the worker’s employment ends, you must also notify the commune People’s Committee of the termination, using Form No. 03/PLV.
Common Mistakes and Legal Penalties for Non-Compliance
- No written contract. Failing to enter into a written employment contract with a domestic worker attracts a warning penalty for the first violation. If the violation continues after a warning, fines of VND 1–3 million apply.
- Failing to notify the commune People’s Committee. Not notifying the commune about the hiring or termination of a domestic worker attracts a fine of VND 1–3 million.
- Failing to pay social insurance and health insurance equivalent amounts. Withholding these payments or failing to pay them attracts a fine of VND 10–15 million.
- Withholding the worker’s personal documents. Holding the worker’s ID card or passport attracts a fine of VND 10–15 million.
- Abuse, harassment, or forced labor. If the employer abuses, sexually harasses, forces labor, or uses violence against a domestic worker, but the actions do not warrant criminal prosecution, the fine is VND 50–75 million.
- Failing to reimburse travel expenses. Not paying for the domestic worker’s return travel to their place of residence at the end of the contract attracts a warning penalty for the first violation, escalating to fines if repeated.
- Assuming “informal” means “exempt.” Many expats hire domestic helpers informally, paying cash without a contract or notification. This is a common practice but it is not legal compliance. If a dispute arises, the employer has no legal protection and faces administrative penalties.
Processing Time, Fees, and Where to Submit
The official source data provides the following details. No fee is charged for submitting the notification form to the commune People’s Committee. The notification is an administrative declaration, not a paid licensing procedure.
- Notification deadline: Within 10 days from the date of signing the labor contract.
- Where to submit: The People’s Committee of the commune, ward, or special administrative region where the employer resides or where the workplace is located.
- Domestic worker wage minimum: Must not be lower than the region-based minimum wage announced by the Government.
- Accommodation deduction cap (if live-in): Must not exceed 50% of the job-based wage stated in the labor contract.
- Termination notice period: At least 15 days advance notice, except in cases where no notice is required under Article 162, Clause 2 of the Labor Code 2019.
- Social insurance and health insurance equivalent payment: Paid simultaneously with each wage payment.
- Penalty for failing to notify commune: VND 1–3 million.
- Penalty for failing to pay social insurance and health insurance: VND 10–15 million.
- Penalty for abuse or forced labor: VND 50–75 million.
- Fees: Not specified in the official source data. The notification to the commune People’s Committee does not carry a statutory fee. If any administrative charge is requested, verify it with the receiving commune office.
Frequently Asked Questions
Q: Do I need a written contract to hire a domestic helper in Vietnam?
A: Yes. Under Article 162, Clause 1 of the Labor Code 2019, the employer must enter into a written employment contract with a domestic worker. The contract should follow the official template (Form No. 01/PLV in Appendix V of Decree 145/2020/NĐ-CP). Oral agreements are not sufficient under the law.
Q: Do I have to notify the commune People’s Committee when I hire a nanny?
A: Yes, if you directly hire a domestic worker for regular household work. You must submit a notification (Form No. 02/PLV) to the commune-level People’s Committee within 10 days of signing the labor contract. Failing to notify attracts a fine of VND 1–3 million. If you hire through a service company that manages the worker, the company is the employer, and your notification obligation does not apply.
Q: Do I need to pay social insurance for my domestic helper?
A: Yes. Under Decree 145/2020/NĐ-CP, the employer must pay the domestic worker an amount equivalent to the compulsory social insurance and health insurance premiums, simultaneously with the wage payment, so the worker can participate in social insurance and health insurance by themselves. Failing to pay this amount attracts a fine of VND 10–15 million.
Q: What is the minimum wage for a domestic helper in Vietnam?
A: The domestic worker’s wage agreed in the labor contract must not be lower than the region-based minimum wage announced by the Government. If the worker lives with your family, the agreed accommodation expenses must not exceed 50% of the job-based wage. Verify the current region-based minimum wage with the local labor authority, as rates are updated periodically.
Q: How much notice do I need to give to terminate a domestic worker’s contract?
A: Under Article 162, Clause 2 of the Labor Code 2019, either party may unilaterally terminate the contract at any time with at least 15 days’ advance notice. There are exceptions where no notice is required — for example, if the worker is subjected to abuse, forced labor, or sexual harassment, or if the employer provides untruthful information. You must also notify the commune People’s Committee of the termination.