Note: This article is based on Japanese laws and materials published by the Immigration Services Agency of Japan (ISA) as of October 9, 2026, and on the laws and regulations of Viet Nam (up to Circular No. 09/2026/TT-BNV, which came into effect on June 30, 2026).
A labor supply contract (労働者提供契約; hợp đồng cung ứng lao động) is a contract that a company newly accepting a specified skilled worker (特定技能外国人) from Viet Nam concludes with a sending organization approved by the Government of Viet Nam. It sets the industry for which workers are recruited, the number of workers and the working conditions, as well as the costs to be borne by the accepting company.
Viet Nam's Circular sets three costs to be borne by the accepting company: the sending fee (派遣料; phí phái cử), the air ticket from Viet Nam, and the training cost. The sending fee is at least one month's basic wage. When a company hires a person residing in Japan, this contract does not appear in the flow of procedures.
Contents
- What is a labor supply contract?
- The three costs borne by the accepting company
- Which circular do the rules on amounts come from?
- Ceiling on the service charge the worker pays to the sending organization
- Rules on the Japanese side: the ban on security deposits, and checking the costs the worker has paid
- Why is the accepting company's share of the costs set?
- What to check before the contract
- When hiring a person residing in Japan
- Frequently Asked Questions
- Summary
- References
What is a labor supply contract?
A labor supply contract is a contract concluded between the accepting company and an approved sending organization (認定送出機関) of Viet Nam that sets the conditions for supplying and accepting workers. The ISA's guidance states that, under the Vietnamese system, concluding this contract is required when newly accepting a specified skilled worker from Viet Nam.
After the contract is concluded, an application for approval of the contract is made, through the approved sending organization, to the Department of Overseas Labour (DOLAB) of the Ministry of Home Affairs of Viet Nam. Vietnamese law provides that the sending organization may not perform the contract until after the approval has been received.
After the approval, the sending organization recruits workers, and the accepting company concludes employment contracts. The steps after that, namely the Recommendation List (推薦者表; a list of specified skilled workers approved by the Government of Viet Nam) and the application on the Japanese side, are summarized in Recommendation List for Vietnamese Specified Skilled Workers.
- Term of the contract, number of workers, field, occupation and content of the work, place of work
- Working conditions, working hours and rest periods, occupational safety and health
- Wages and other benefits, overtime pay, expenses deducted from wages
- Conditions for meals, accommodation and commuting, health checks, social insurance
- The service charge paid by the accepting side (if any), and who bears the cost of travel between Viet Nam and the place of work
- Conditions for terminating the contract and compensation for damage, and the method of resolving disputes
Source: Immigration Services Agency of Japan, "Information on Viet Nam" (in Japanese), "Explanation of Procedures" (in Japanese); Embassy of Japan in Viet Nam, "Law on Vietnamese Workers Working Abroad under Contract (Law No. 69/2020/QH14), provisional Japanese translation" (in Japanese), Articles 19 and 20
The three costs borne by the accepting company
For a company accepting a worker from Viet Nam under Specified Skilled Worker (特定技能), the costs that Appendix II of the Circular sets are three: the sending fee, the air ticket and the training cost. Appendix II of Circular No. 09/2026/TT-BNV of the Ministry of Home Affairs of Viet Nam (in effect from June 30, 2026) sets them as the content of labor supply contracts for Japan.
| Cost | What Appendix II provides | How it is paid |
|---|---|---|
| Sending fee (the service charge that the accepting side pays to the sending organization) | At least one month's basic wage (per contract, per person) | Paid by transfer to the bank account of the sending organization |
| Air ticket | The accepting side bears the cost of the worker's air ticket from Viet Nam to the place of work | Not provided for |
| Training cost | The cost of training to meet the requirements of the Japanese side. The minimum amounts are 50,000 yen per person for foreign language training and 50,000 yen per person for vocational skills training | The accepting side pays by transfer to the bank account of the sending organization |
What Appendix II sets are minimum amounts. The Circular provides that the content of the contract is decided by agreement between the sending organization and the accepting side, but that these minimum conditions must be ensured. Appendix II contains no provision setting a ceiling.
The sending fee is based on the "basic wage". Appendix II does not go so far as to state which amount is to be treated as the basic wage. In the contract, please check in figures the amount that was used as the basis.
No Japanese translation of this Circular has been published by a public body (as of October 9, 2026). The parts of this article about Circular No. 09/2026 are our office's translation of the original text posted on the Vietnam Government Portal (legal documents database). It is the Vietnamese original that has legal effect.
Source: Vietnam Government Portal (legal documents database), "Circular No. 09/2026/TT-BNV" (in Vietnamese; dated May 15, 2026), Article 1 and Section II of Appendix II
Which circular do the rules on amounts come from?
The rules on costs were placed in Appendix II of Circular No. 21/2021 of 2021, and were replaced in 2024 and in 2026. Some older materials still explain them in the wording of 2021.
| Circular | Provision on the training cost for Specified Skilled Worker |
|---|---|
| Circular No. 21/2021 (dated December 15, 2021) | The sending organization does not collect the training cost from the worker. The accepting side pays the full amount, and the minimum amount is 100,000 yen per person. There was also a provision on workers who had already acquired the language and the skills |
| Amendment by Circular No. 02/2024 (dated February 23, 2024) | A minimum of 50,000 yen or more per person as the cost of Japanese language education, and a minimum of 50,000 yen or more per person as the cost of vocational skills training |
| Circular No. 09/2026 (dated May 15, 2026; in effect from June 30) | A minimum of 50,000 yen per person for foreign language training, and a minimum of 50,000 yen per person for vocational skills training |
What the training cost item of the current Appendix II contains is the provision on the minimum amounts paid by the accepting side and on how they are paid. The sentence in the 2021 Circular that "the sending organization does not collect the training cost from the worker" and the provision on workers who had already acquired the language and the skills are not in the current Appendix II.
The provisions on the sending fee (at least one month's basic wage) and on the air ticket have the same content in the 2021 Circular and the 2026 Circular.
Circular No. 09/2026 also has a provision on contracts from before it came into effect. A labor supply contract that was registered and approved before June 30, 2026, and under which the worker has not yet left Viet Nam, must be amended and supplemented, or concluded anew, where its content differs from the Circular.
Source: Embassy of Japan in Viet Nam, "Circular No. 21/2021, provisional Japanese translation; Circular No. 02/2024, comparison table of old and new provisions (provisional translation)" (in Japanese); Vietnam Government Portal (legal documents database), "Circular No. 09/2026/TT-BNV" (in Vietnamese), Articles 2 and 3, and Appendix II
Ceiling on the service charge the worker pays to the sending organization
A sending organization cannot receive a service charge from a person who becomes a specified skilled worker after completing Technical Intern Training (ii) or (iii) (技能実習2号・3号). Appendix XI of Circular No. 09/2026 sets the ceiling in this case at VND 0 (0 dong). VND 0 is the ceiling on the service charge; other costs are provided for separately.
| Who is covered | Ceiling on the service charge that the sending organization may receive from the worker | Basis |
|---|---|---|
| Persons who work under Specified Skilled Worker after completing Technical Intern Training (ii) or (iii) | VND 0 (0 dong) | Appendix XI of Circular No. 09/2026 |
| Specified skilled workers who do not fall under the row above (such as persons who passed the tests) | Up to one month's wages for every 12 months of the contract period. For a contract of 36 months or more, up to three months' wages | Article 23, paragraph 4 of Law No. 69/2020 (our office's reading) |
The second row is our office's reading: because Appendix XI has only the provision in the first row concerning Japan's Specified Skilled Worker, we read the general ceiling in the Law as applying.
The Law provides that, where the accepting side has paid a service charge, what may be received from the worker is only the shortfall from the agreed amount. In other words, the portion paid by the accepting side is deducted from the amount borne by the worker.
The ceiling on the fee that a sending organization pays to an intermediary is also VND 0 for all industries in the case of Japan (Appendix X of Circular No. 09/2026).
In Viet Nam, a law amending part of this Law was passed by the National Assembly on August 24, 2026, and will come into effect on March 1, 2027. We have not been able to confirm the provisions as amended (as of October 9, 2026).
Source: Vietnam Government Portal (legal documents database), "Circular No. 09/2026/TT-BNV" (in Vietnamese), Appendices X and XI; Embassy of Japan in Viet Nam, "Law No. 69/2020/QH14, provisional Japanese translation" (in Japanese), Article 23; Government News (Báo Điện tử Chính phủ), the online newspaper of the Government of Viet Nam, "Passage of the amending law (August 24, 2026)" (in Vietnamese)
Rules on the Japanese side: the ban on security deposits, and checking the costs the worker has paid
Japanese laws and regulations do not allow a security deposit to be taken from the worker, and require that, for costs the worker has paid to a foreign organization, the worker has understood the amount and breakdown and agreed to them. The accepting company is in a position to check not only the amount it pays itself but also the amount the worker has paid to the sending organization.
- The worker, his or her relatives and the like are not having money or other property managed, regardless of the reason given, such as through the collection of a security deposit
- No contract that expects an undue transfer of money or other property, such as a contract that stipulates penalties for non-performance of the employment contract, has been concluded, and none is expected to be concluded
- Where the worker has paid costs to a foreign organization in connection with intermediation of the application for the employment contract or with preparation for the activities, the worker has agreed with a full understanding of the amount and breakdown
- The accepting company has not concluded the employment contract while being aware that a security deposit is collected or that a contract for penalties exists
The ISA's Operational Guidelines (運用要領) state that, where an accepting company has accepted a worker while aware of the collection of a security deposit or of a contract for penalties, this falls under the grounds for disqualification (欠格事由), and the company becomes unable to accept workers for five years.
Where a foreign organization is involved in the hiring, the Guidelines ask the accepting company to confirm that the worker understood the amount and breakdown of the costs collected and that they were collected with the worker's agreement. In the advance guidance (事前ガイダンス) for specified skilled workers (i), it is explained that contracts for security deposits and penalties are illegal, and it is confirmed that nothing has been collected.
The criteria for accepting companies as a whole are summarized in Japan Specified Skilled Worker (SSW) Visa: (i) vs (ii), 19 Fields, Employer Requirements and Procedures.
Source: Ministerial Order on Criteria (上陸基準省令), items 2 and 3 of the row for "Specified Skilled Worker (i)"; Ministerial Order to Provide for Criteria for the Employment Contract for Specified Skilled Workers and Support Plan for Specified Skilled Workers (i) (特定技能基準省令), Article 2, paragraph 1, item 6; Immigration Services Agency of Japan, "Operational Guidelines on the Acceptance of Specified Skilled Workers" (in Japanese; August 2026), Chapter 4
Why is the accepting company's share of the costs set?
The Memorandum of Cooperation (MOC) between Japan and Viet Nam has as its purposes the elimination of malicious intermediary organizations and the protection of specified skilled workers. Among the acts on which the two countries share information, the MOC lists the collection of fees not allowed by laws and regulations, and collection without making the worker understand the amount and breakdown.
Behind this is the burden of costs before coming to Japan. In a survey in which the ISA interviewed 2,184 technical intern trainees from December 2021 to April 2022, the average cost paid to the sending organization in the home country was 521,065 yen, and for Viet Nam it was 656,014 yen. The proportion of persons who had taken on debt in their home country before coming to Japan was 80.0% for Viet Nam.
The MOC also places rules on the accepting company's side. It states that the Vietnamese side will not permit sending to an accepting company that has asked for or received money, air tickets, hotel charges or entertainment from sending organizations or workers (rendered as 従業員, "employees", in the ISA's provisional Japanese translation) in return for recruiting.
Source: Immigration Services Agency of Japan, "Memorandum of Cooperation with Viet Nam on Specified Skilled Worker (provisional Japanese translation)" (in Japanese), 1, 4(1) and 7(1), "Results of the Fact-finding Survey on Expenses Paid by Technical Intern Trainees" (in Japanese)
What to check before the contract
First, check whether the other party to the contract is a sending organization approved by the Government of Viet Nam. The ISA publishes a list of approved sending organizations, and a list of organizations whose approval has been revoked and organizations whose approval has been suspended.
The ISA states that, depending on when information arrives from the Vietnamese side, the content it posts may not be the latest. Looking at the lists once more before signing the contract gives peace of mind.
Where a sending organization goes as far as selecting the job seekers, this constitutes employment placement (あっせん) under the Employment Security Act (職業安定法). The ISA's guidance states that, in that case, a license as an employment placement business provider in Japan is necessary. The employment placement business providers and approved sending organizations that an accepting company uses are also required not to be in violation of the Employment Security Act.
When the draft contract arrives from the sending organization, please check the following points in its clauses.
- The amount of the sending fee, and the amount of the basic wage used as its basis
- The amount of the training cost (the breakdown between language and skills), and how the air ticket is handled
- The timing of payment, and the bank account for the transfer
- The amount and breakdown of the costs the worker pays to the sending organization
Our office is also available for consultation through our application support for the Specified Skilled Worker visa (for accepting companies), starting from checking whether the contract clauses presented by the sending organization are consistent with the application documents on the Japanese side.
Source: Immigration Services Agency of Japan, "Information on Viet Nam" (in Japanese), "Flowchart" (in Japanese), Note 2
When hiring a person residing in Japan
The labor supply contract is not part of the flow of procedures for accepting a Vietnamese national residing in Japan under Specified Skilled Worker. According to the ISA's guidance, the procedure proceeds in the order of the employment contract, the procedure for the Recommendation List at the Embassy of Viet Nam in Japan, and the Application for Change of Status of Residence (在留資格変更許可申請).
The costs in Appendix II are set as the content of a labor supply contract. Our office's view is that there is no situation in which they apply to a form of acceptance in which this contract is not concluded.
When a person who completed technical intern training and returned home is accepted again from Viet Nam, the flow is that for a new acceptance. The company concludes a labor supply contract and bears the sending fee and the other costs. In this case, the ceiling on the service charge that the sending organization may receive from the worker is VND 0.
Source: Immigration Services Agency of Japan, "Explanation of Procedures" (in Japanese), "Flowchart" (in Japanese)
Frequently Asked Questions
Does the Memorandum of Cooperation (MOC) state the amount of the sending fee?
No, it does not. What the MOC provides is that the Japanese side will include in its guidelines the principle on cost sharing by accepting companies, and that the Vietnamese side will make regulations on fees and costs. Amounts such as "one month's basic wage" are in the appendices to Viet Nam's Circular.
Who bears the cost of the air ticket when the worker returns home?
What Appendix II sets is the air ticket from Viet Nam to the place of work. The travel expenses for returning home are provided for in Japan's criteria for Specified Skilled Worker. When the worker is unable to bear the travel expenses for returning home, the accepting company bears them (Article 1, paragraph 2, item 1 of the Ministerial Order to Provide for Criteria for the Employment Contract for Specified Skilled Workers and Support Plan for Specified Skilled Workers (i) (特定技能基準省令)).
Are the rules the same under Employment for Skill Development?
They are different rules. Under Employment for Skill Development (育成就労; to come into effect on April 1, 2027), it has been decided that the ceiling on the costs that a sending organization may collect from the worker will be up to two months of monthly pay. The program as a whole is summarized in our explanation of the Employment for Skill Development Program.
Summary
A labor supply contract is a contract that a company newly accepting a specified skilled worker from Viet Nam concludes with an approved sending organization. The accepting company bears the sending fee (at least one month's basic wage), the air ticket from Viet Nam, and the training cost (at least 50,000 yen for language and 50,000 yen for skills). The amounts are those under Appendix II of Circular No. 09/2026, in effect from June 30, 2026.
Before the contract, please check on the ISA's lists whether the other party is an approved sending organization. When the draft contract arrives, check in its clauses the basic wage used as the basis for the sending fee, the breakdown of the training cost, and the amount of the costs the worker pays.
References
- Immigration Services Agency of Japan, "Information on Viet Nam" (in Japanese)
- Immigration Services Agency of Japan, "Flow of Procedures concerning Vietnamese Specified Skilled Workers (Flowchart)" (in Japanese)
- Immigration Services Agency of Japan, "Flow of Procedures up to Accepting Vietnamese Nationals as Specified Skilled Workers (Explanation of Procedures)" (in Japanese)
- Immigration Services Agency of Japan, "Memorandum of Cooperation with Viet Nam on Specified Skilled Worker (provisional Japanese translation)" (in Japanese; signed May 2019)
- Immigration Services Agency of Japan, "Operational Guidelines on the Acceptance of Specified Skilled Workers" (in Japanese; August 2026)
- Immigration Services Agency of Japan, "Results of the Fact-finding Survey on Expenses Paid by Technical Intern Trainees" (in Japanese)
- Immigration Services Agency of Japan, "Q&A on the Employment for Skill Development Program" (in Japanese), Q74
- Embassy of Japan in Viet Nam, "Provisional Japanese Translations of Laws and Regulations Related to the "Law on Vietnamese Workers Working Abroad under Contract"" (in Japanese; Law No. 69/2020/QH14, Circular No. 21/2021/TT-BLDTBXH, and the comparison table of old and new provisions for Circular No. 02/2024)
- Vietnam Government Portal (legal documents database), "Circular No. 09/2026/TT-BNV" (dated May 15, 2026; in effect from June 30, 2026; in Vietnamese)
- Government News (Báo Điện tử Chính phủ), the online newspaper of the Government of Viet Nam, "Passage of the Law Amending and Supplementing a Number of Articles of the Law on Vietnamese Workers Working Abroad under Contract" (August 24, 2026; in Vietnamese)
- Ministerial Order on Criteria (上陸基準省令：the Ministry of Justice Order setting the criteria under Article 7, paragraph 1, item 2 of the Immigration Control and Refugee Recognition Act), items 2 and 3 of the row for "Specified Skilled Worker (i)"
- Ministerial Order to Provide for Criteria for the Employment Contract for Specified Skilled Workers and Support Plan for Specified Skilled Workers (i) (特定技能基準省令), Article 1, paragraph 2, item 1, and Article 2, paragraph 1, item 6
