Work permit in Vietnam

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 ?

Annual leave in Vietnam

Can an employer unilateral terminate a labor contract prior to its expiry ?

Public holidays in Vietnam

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

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