Work permit in Vietnam
Hi DMS Attorney in Vietnam! Can you advise me about the conditions for an expat to work in Vietnam ? Does a foreign citizen need a work permit to work in Vietnam ? What are the conditions for recruitment of foreign employees ?
Hi!
Conditions for foreign employees to work in Vietnam:
An employee who is a foreign citizen working in Vietnam must meet the following conditions:
Having full capacity for civil acts;
Having qualification, skills and health suitable to the job requirements;
Not being the criminal or prosecuted for criminal liability in accordance with the law of Vietnam and foreign law;
Having a work permit issued by the Vietnamese competent state authorities, except for the cases as prescribed in the Article 172 of this Code.
An employee who is a foreign citizen working in Vietnam must comply with Vietnam's labor law, international agreement in which Vietnam is a member contains different provisions and protected by the law of Vietnam.
Conditions for recruitment of foreign employees:
Domestic enterprises, agencies, organizations, individuals and contractors are only entitled to recruit foreign citizens to work as managers, operating directors, specialists and technical employees while Vietnamese employees have not yet met the production and business demand.
Foreign enterprises, agencies, organizations, individuals and contractors before recruiting employees who are foreign citizens to work in the territory of Vietnam must explain the demand for labor employment and be approved in writing from the competent state agency.
Work permit for foreign employees to work in Vietnam:
An employee who is a foreign citizen must present a work permit when carrying out the procedures related to the exit, entry and present as required by the competent state agency.
A foreign citizen coming to work in Vietnam without a work permit will be expelled from the territory of Vietnam as stipulated by the Government.
An employer who employs foreign citizens without work permits to work for him, shall be handled as prescribed by law (Articles 169, 170, 171 the Labor Code No. 52/VBHN-VPQH dated December 10, 2018).
Related topics:
Recruit and use labor in Vietnam ?
Can an employer unilateral terminate a labor contract prior to its expiry ?
Is a part-time employee treated less favorably than a full-time employee ?
Consulting services:
Phone: 0914 165 703 or email: dmslawfirm@gmail.com
Work permit for foreign employees to work in Vietnam
Prepared by: Thi-Ha Nguyen, Lawyer’s assistant | DMS Law firm in Vietnam Director (Signed) Lawyer Do Minh Son |
RELATING ITEMS
Work permits for foreigners working in Vietnam?
04 Jun, 2022// Group: THE LABOUR CODEDoes a foreigner need a work permit before looking for a job in Vietnam?
Do enterprises have to register salary range and salary structure ?
23 May, 2022// Group: THE LABOUR CODEDoes an enterprise have to send its salary range and salary structure to the state management agency in charge of labor ?
Does the enterprise in Vietnam have to establish a salary scale and salary table?
19 May, 2022// Group: THE LABOUR CODEWhat are the bases to create salary scale, salary table, labor norms and negotiate salary with employees?
Employment contract template in Vietnam ?
09 May, 2022// Group: THE LABOUR CODEIs it still in compliance with the current law if a company is using the labor contract template ?
Does the director of an FDI company need a work permit in Vietnam ?
08 May, 2022// Group: THE LABOUR CODEIs the legal representative of an FDI company eligible for a work permit in Vietnam ?