What are the requirements for employment of foreigners in Vietnam?
What are the requirements for employment of foreigners in Vietnam?
Requirements for employment of foreigners in Vietnam are stipulated in Article 152 of the 2019 Labor Code as follows:
- 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.
- Recruitment of foreign employees in Vietnam shall be explained and subject to written approval by competent authorities.
- 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.
What are the requirements for employment of foreigners in Vietnam? (Image from the Internet)
What are the requirements for foreigners to work in Vietnam?
According to the provisions of Article 151 of the 2019 Labor Code, requirements for foreigners to work in Vietnam are as follows:
Requirements for foreigners to work in Vietnam.
1. A foreign employee means a person who has a foreign nationality and:
a) is at last 18 years of age and has full legal capacity;
b) has qualifications, occupational skills, practical experience and adequate health as prescribed by the Minister of Health;
c) 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;
d) has a work permit granted by a competent authority of Vietnam, except in the cases stipulated in Article 154 of this Labor Code.
2. 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.
3. Foreign employees working in Vietnam shall comply with and shall be protected by the labor law of Vietnam, unless otherwise prescribed by treaties to which Vietnam is a signatory.
Thus, a foreign employee means a person who has a foreign nationality and:
- is at last 18 years of age and has full legal capacity;
- has qualifications, occupational skills, practical experience and adequate health as prescribed by the Minister of Health;
- 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;
- has a work permit granted by a competent authority of Vietnam.
When is the time for determination of demand for foreign workers in Vietnam?
Article 4 of Decree 152/2020/ND-CP stipulates the issue of employee employment as follows:
Employment of foreign workers
1. Determination of demand for foreign workers
a) At least 30 days before the date on which foreign workers are expected to be employed, the employer (except contractor) shall determine the demand for foreign workers for every job position for which Vietnamese workers are underqualified and send a corresponding report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province or central-affiliated city (hereinafter referred to as province) where the foreign workers are expected to work, using Form No. 01/PLI Appendix I hereto appended.
During the process, in case of any change to the demand for foreign workers, the employer shall send a report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province, using Form No. 02/PLI Appendix I hereto appended at least 30 days before the date on which the foreign worker are expected to be employed.
b) If the foreign worker falls under any case of clause 3, 4 and 5 Article 154 of the Labor Code and clauses 1, 2, 8, 9, 10, 11, 12 and 13 Article 7 of this Decree, the employer is not required to determine the demand for foreign workers.
2. The Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province shall issue a document specifying acceptable and unacceptable job positions, using Form No. 03/PLI Appendix I hereto appended within 10 working days after receiving the foregoing report on demand for foreign workers or report on change thereof.
Accordingly, employers (except contractors) must determine the need to use foreign workers at least 30 days in advance from the expected date of using foreign workers.
The employer shall determine the demand for foreign workers for every job position for which Vietnamese workers are underqualified and send a corresponding report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province or central-affiliated city (hereinafter referred to as province) where the foreign workers are expected to work.
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