Recruitment Compliance Guide for Ho Chi Minh City

This guide was written for founders and managers running agencies in Ho Chi Minh City. Whether you are just starting out or scaling an existing operation, the rules and best practices here are specific to the Ho Chi Minh City market — not generic advice you will find recycled across dozens of websites.

Right-to-work checks

Every worker placed in Ho Chi Minh City must have their right to work verified before the assignment starts. Acceptable documents include a UK or EU passport, BRP card, or share code for settled/pre-settled status holders. Keep a copy of the document on file with the date of check and the name of the person who verified it.

Agency Workers Regulations

The AWR gives temporary workers equal pay and conditions after 12 weeks in the same role. You must track the qualifying period for every temp placement and notify clients before week 12 arrives. Failing to apply AWR correctly exposes both the agency and client to employment tribunal claims.

GDPR for Ho Chi Minh City agencies

Candidate CVs, ID documents, bank details, and contact information are all personal data under GDPR. You need a lawful basis for processing each type, a clear retention policy (most agencies keep active candidate records for 2 years and placed workers for 6 years), and a process for handling subject access requests within 30 days.

Worker payment models

PAYE through your own payroll, umbrella company, or CIS (for construction workers) are the main options for Ho Chi Minh City agencies. Each has different NI, holiday pay, and IR35 implications. Seek specialist advice before deciding — the wrong structure can trigger HMRC investigations and retrospective tax liability.

Insurance requirements

Employer's liability insurance is mandatory if you have direct employees. Most clients will also require public liability (minimum £2m) and professional indemnity cover before signing a supply agreement. Check your insurance covers the sectors you operate in.

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