NEW REGULATIONS FOR FOREIGNERS WORKING IN VIETNAM AS FROM  01/01/2021

From 01/01/2021, the provisions of Vietnamese law for foreign working in Vietnam will have many changes, specifically:

Requirements for foreigners to work in Vietnam

A foreign employee means a person who has a foreign nationality and:

  1. is at least 18 years old and has full legal capacity;
  2. has qualifications, occupational skills, practical experience and adequate health as prescribed by the Minister of Health;
  3. is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;
  4. has a work permit granted by a competent authority of Vietnam, except in the cases of work permit exemption.

Duration of work permit

The maximum duration of a work permit is 02 years.

A work permit may be extended once for up to 02 more years.

Work permit exemption for foreign employees in Vietnam

A foreign employee is not required to have the work permit if he/she:

  1. Is the owner or capital contributor of a limited liability company with a capital contribution value conformable with regulations of the Government.
  2. Is the Chairperson or a member of the Board of Directors of a joint-stock company a capital contribution value conformable with regulations of the Government.
  3. Is the manager of a representative office, project or the person in charge of the operation of an international organizations or a foreign non-governmental organization in Vietnam.
  4. Enters Vietnam for a period of less than 03 months to do marketing of a service.
  5. Enters Vietnam for a period of less than 03 months to a resolve complicated technical or technological issue which (i) affects or threatens to affect business operation and (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.
  6. Is a foreign lawyer who has been granted a lawyer’s practising certificate in Vietnam in accordance with the Law on Lawyers.
  7. In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.
  8. Gets married with a Vietnamese citizen and wishes to reside in Vietnam.
  9. Other circumstances specified by the Government.

Cases in which a work permit is invalid

  1. The work permit expires.
  2. The employment contract is terminated.
  3. The contents of the employment contract are inconsistent with the contents of the work permit granted.
  4. The work performed is not conformable with the contents of the work permit granted.
  5. The contract that is the basis for issuance of the work permit expires or is terminated.
  6. The foreign party issues a written notice which terminates the dispatch of the foreign employee to Vietnam.
  7. The Vietnamese party or foreign organization that hires the foreign employee ceases its operation.
  8. The work permit is revoked.

Requirements for employment of foreigners in Vietnam.

  1. Enterprises, organizations, individuals and contractors shall only employ foreigners to hold positions of managers, executive directors, specialists and technical workers the professional requirements for which cannot be met by Vietnamese workers.
  2. Recruitment of foreign employees in Vietnam shall be explained and subject to written approval by competent authorities.
  3. Before recruiting foreign employees in Vietnam, a contractor shall list the positions, necessary qualifications, skills, experience and employment period of the contract, and obtain a written approval from a competent authority.

Duration of labour contract

The duration of a foreign employee’s employment contract must not exceed that of the work permit. When a foreign employee in Vietnam is recruited, both parties may negotiate conclusion of multiple fixed-term labor contracts.

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