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How to Hire Employees in Vietnam Without Setting Up a Company

How to Hire Employees in Vietnam Without Setting Up a Company

Hiring talent in Vietnam is attractive for many foreign companies—but setting up a legal entity isn’t always the right first step.
Fortunately, it is fully possible to hire employees in Vietnam without establishing a local company, if you choose the right hiring model.

This guide explains how it works, what’s legal, what’s risky, and which option fits your business best.


Can You Hire Employees in Vietnam Without a Legal Entity?

Yes — but not directly.

Under Vietnamese labor law, a foreign company cannot legally employ local staff without a registered legal presence in Vietnam.
However, there are two common indirect hiring models that make this possible:

  1. Employer of Record (EOR) – legal and compliant
  2. Independent Contractors – high risk and often misused

Understanding the difference is critical.


Option 1: Hiring Through an Employer of Record (EOR) in Vietnam (Recommended)

An Employer of Record (EOR) is a local Vietnamese company that legally employs workers on your behalf, while you retain full control over their daily work.

How EOR Works in Practice

  • The EOR signs the employment contract with the employee
  • The EOR manages payroll, taxes, social insurance, and compliance
  • You manage tasks, KPIs, reporting lines, and performance
  • No Vietnamese entity is required on your side

This is the most widely used and legally safe option for foreign companies hiring in Vietnam without an entity.

Why EOR Is the Preferred Model

  • Fully compliant with Vietnam labor law
  • Fast hiring (often within 2–3 weeks)
  • Predictable monthly cost
  • No setup, licensing, or audit burden
  • Easy exit or scale-up

Employer of Record (EOR) in Vietnam: Complete Guide


Option 2: Hiring Independent Contractors in Vietnam (High Risk)

Some companies attempt to hire Vietnamese workers as independent contractors to avoid entity setup.

This approach is legally risky.

Why Contractor Hiring Is Problematic in Vietnam

Vietnam authorities focus on substance over form.
If a contractor:

  • Works full-time
  • Reports to your managers
  • Uses your tools
  • Is paid monthly
  • Has no independent clients

They may be reclassified as an employee.

Risks of Misclassification

  • Back payment of taxes and social insurance
  • Fines and penalties
  • Labor disputes
  • Reputational risk

👉 For long-term or full-time roles, contractor models are strongly discouraged.


Step-by-Step: How to Hire Employees in Vietnam via EOR

Step 1: Define the Role and Compensation

Clarify:

  • Job title and responsibilities
  • Salary range (gross)
  • Benefits expectations
  • Location (remote / city-based)

Vietnam salaries vary significantly by role and city.


Step 2: Select a Vietnam EOR Provider

Choose an EOR with:

  • Strong local compliance expertise
  • Transparent pricing
  • Vietnamese-language contracts
  • Payroll and tax reporting capability

This decision directly impacts your legal risk.


Step 3: Candidate Selection & Offer

You can:

  • Recruit candidates yourself
  • Use recruiters
  • Hire referrals

Once selected:

  • The EOR prepares a Vietnam-compliant employment contract
  • You approve compensation and benefits

Step 4: Contract Signing & Onboarding

  • Employee signs contract with the EOR
  • EOR registers employee with authorities
  • Payroll and insurance are activated
  • Employee starts work under your supervision

Typical timeline: 10–20 working days from offer to start date.


What the EOR Handles (So You Don’t Have To)

A professional EOR in Vietnam manages:

Employment & HR

  • Labor contracts
  • Probation periods
  • Amendments and renewals
  • Terminations (compliant process)

Payroll & Tax

  • Monthly payroll
  • Personal Income Tax (PIT)
  • Social, health, and unemployment insurance

Compliance

  • Labor law compliance
  • Statutory filings
  • HR documentation
  • Government reporting

This significantly reduces operational and legal burden for foreign companies.


Cost of Hiring Employees in Vietnam Without an Entity

Costs typically include:

  1. Employee gross salary
  2. Mandatory employer contributions
  3. Monthly EOR service fee

Compared to entity setup:

  • No incorporation costs
  • No ongoing accounting & audit overhead
  • No minimum capital requirement

For small teams, EOR is often 30–50% more cost-efficient in Year 1.

EOR vs Company Setup in Vietnam: Cost, Risk & Control Compared


When Hiring Without an Entity Makes Sense

This model is ideal if you:

  • Are testing the Vietnam market
  • Need to hire 1–20 employees
  • Are building sales, tech, or support teams
  • Want flexibility and speed
  • Plan to convert to an entity later

Many companies use EOR as Phase 1, then transition once revenue or headcount grows.


When You Should Consider Setting Up a Company Instead

Entity setup may be better if you:

  • Need business licenses
  • Sign contracts locally
  • Import/export goods
  • Hire large teams long-term
  • Apply for incentives or land use rights

EOR and entity setup are not competing options—they are often sequential stages.


Common Mistakes Foreign Companies Make

❌ Hiring contractors who are actually employees
❌ Using overseas contracts for Vietnamese staff
❌ Ignoring mandatory insurance contributions
❌ Underestimating termination complexity
❌ Choosing EOR providers without local legal depth

Each mistake can lead to compliance penalties and disputes.


How BusinessPartner.vn Helps You Hire in Vietnam Safely

BusinessPartner.vn supports foreign companies with:

  • Fully compliant Employer of Record services
  • Transparent payroll & cost structure
  • Fast onboarding
  • Ongoing HR and compliance support
  • Smooth transition from EORlegal entity

👉 Talk to our Vietnam hiring experts to assess the best hiring model for your business.