NOTES FOR FOREIGNERS WORKING IN VIETNAM

Nowdays, Vietnam has become a focal point for attracting foreign investors with internationally significant projects and initiatives. Alongside this development is the influx of talent from various countries coming to Vietnam for employment. Consequently, the number of foreigners working in Vietnamese enterprises and corporations is steadily increasing. Therefore, it is essential to have specific legal regulations to manage foreign labor working in Vietnam.

So, what conditions and considerations should foreigners be aware of when working in Vietnam? Let’s delve into this topic further with LawPlus.

1. Conditions for Foreigners to Work in Vietnam

To work in Vietnam, foreign labor must comply with Vietnamese.labor laws and be protected by Vietnamese laws, except.in cases where international agreements involving the.Socialist Republic of Vietnam have different provisions.

According to Article 151 of the current Labor Code, foreigners wishing.to work in Vietnam must meet the following conditions:

• Be 18 years old or older and have full civil act capacity.
• Possess professional qualifications, technical skills, expertise, and work experience. Maintain health standards as stipulated by the Minister of Health.
• Not be serving a sentence, have a criminal record, or be.subject to criminal liability according to the laws of foreign countries or Vietnamese law.
• Hold a work permit issued by the competent state authority.of Vietnam,.unless exempted from the work permit requirement.

2. Conditions for Recruiting and Employing Foreign Labor in Vietnam

The conditions for recruiting and employing foreign labor in Vietnam are.based on Article 152 of the Labor Code 2019, outlined as follows:

– Foreign labor can only be recruited for positions in management, operation,.expertise, and technical roles that Vietnamese workers cannot fulfill based on production and business needs.

– Enterprises, organizations, agencies, and individuals must provide an explanation.of the need for foreign labor recruitment and obtain written approval from the competent.state authority at least 15 days before the intended employment of foreign labor. (Clause 2, Article 1, Decree 70/2023/ND-CP)

The explanatory document must include all relevant information according to.the Sample Document Explaining the Need for the Use of Foreign Labor or the document explaining changes in the need for the use of foreign labor.

– Contractors must specify the positions, professional qualifications, technical skills,.work experience, and working hours needed for the use of foreign labor in their bidding documents. They must also obtain written approval from the competent state authority.

3. Procedure for Foreigners Working in Vietnam

For a foreigner to be permitted to work in Vietnam, Vietnamese organizations and.businesses must complete the necessary paperwork through the following steps:

Step 1: Apply for approval for the use of foreign labor.

Step.2: Apply for a Work Permit or obtain confirmation that the position is exempt from the Work Permit requirement.

Step.3: Apply for a visa to allow the foreign worker entry into Vietnam.

Step 4: Apply for a temporary residence card to enable the foreign worker to reside stably in Vietnam.

Note: For cases not subject to the issuance of a work permit as stipulated in Article 154.of the current Labor Code and Article 7 of Decree 152/2020/ND-CP, but involving additional responsibilities that require a.work permit according to legal regulations, the company must apply for a work permit.

Foreigners working in Vietnam under an employment contract should pay.attention to the duration of their work. According to Article 155 of the Labor Code, the duration of the labor contract for foreign workers.in Vietnam must not exceed the validity period of the work permit. Specifically, the maximum validity period for a work permit is 2 years, and in.the case of an extension, it can only be extended once with a maximum period of 2 years.

4. Penalties in Cases of Foreigners Working in Vietnam Without a Work Permit or Confirmation of Exemption from Work Permit Requirement

In the case of a foreigner working in Vietnam without a work permit or confirmation.of exemption from the work permit requirement, penalties are stipulated as follows:

For Employers: Fines ranging from 30 to 75 million VND, depending.on the number of foreign workers in violation. (Clause 4, Article 32, Decree 12/2022/ND-CP).

For Foreign Workers: Foreign workers found working in Vietnam without a valid work permit.may face deportation or expulsion from Vietnam. (Article 153, Labor Code 2019).

Note: For organizations, the fine amount is twice that imposed on individuals. (Clause 1, Article 6, Decree 12/2022/ND-CP).

Therefore, foreigners working in Vietnam should pay attention to.completing all necessary documentation procedures to ensure a smooth work period and avoid potential risks in the future. Once subjected to deportation, returning to Vietnam,.whether for tourism or work purposes, can be extremely challenging.

 

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