Vietnam's labor market: Are foreign workers working in Vietnam entitled to rent support in 2022?
What are the conditions for foreign workers to work in Vietnam according to Vietnamese regulations?
According to Article 151 of the Labor Code 2019, the conditions for foreign workers to work in Vietnam are:
- 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 of Vietnam;
+ 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, except in the cases stipulated in Article 154 of this Labor Code.
- 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 the conclusion of multiple fixed-term labor contracts.
- 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.
Vietnam's labor market: Are foreign workers working in Vietnam entitled to rent support in 2022?
Are foreigners working in Vietnam entitled to rent support in 2022 according to Vietnamese regulations?
According to Official Dispatch 410/CVL-TTLD in 2022, the Employment Department guides the beneficiaries of the rent support policy:
- According to the provisions of Decision No. 08/2022/QD-TTG, it does not discriminate between Vietnamese and foreigners. Foreign workers, if they meet the conditions prescribed in Decision No. 08/2022/QD-TTG, are entitled to rent support. However, in the process of appraising the application file of a foreign worker, the Department needs to review to ensure that the content of the labor contract matches the content of the issued work permit in accordance with regulations.
Thus, foreign workers working in Vietnam will still be supported under the rent support policy of the Government of Vietnam in 2022 if they are eligible.
Procedure for granting work permits to foreign workers working in Vietnam?
According to Article 11 of Decree 152/2020/ND-CP on foreign workers working in Vietnam, stipulating the order of issuance of work permits
- At least 15 days before the date the foreign worker is expected to start working in Vietnam, the applicant shall submit an application for a work permit to the Ministry of Labor, War Invalids, and Social Affairs of Vietnam or the Department of Labor. - Invalids and Social Affairs where the foreign worker is expected to work is regulated as follows:
+ Employers in case foreign workers work in the form specified at Points a, b, e, g, i, and k, Clause 1, Article 2 of this Decree;
+ Vietnamese agencies, organizations, and enterprises or foreign organizations and enterprises operating in Vietnam and foreign workers come to work in the form specified at Points c and d, Clause 1, Article 2 of this Decree;
+ Foreign workers entering Vietnam to offer services and who is responsible for establishing a commercial presence in the form specified at Points dd and h, Clause 1, Article 2 of this Decree.
- Within 05 working days from the date of receipt of a complete application for a work permit, the Ministry of Labor - Invalids and Social Affairs of Vietnam or the Department of Labor - Invalids and Social Affairs where the employee is expected to work the grant of work permits to foreign workers according to Form No. 12/PLI Appendix I issued together with this Decree. The work permit form is uniformly printed and issued by the Ministry of Labor - Invalids and Social Affairs of Vietnam. In case of refusal to issue a work permit, a written reply clearly states the reason.
- For foreign workers specified at Point a, Clause 1, Article 2 of this Decree, after the foreign worker is granted a work permit, the employer and foreign worker must sign a written labor contract in accordance with Vietnamese labor law before the expected date of employment for the employer.
The employer must send the signed labor contract upon request to the competent authority that issued the work permit. The employment contract is the original or a certified copy.
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