What are the public holidays for foreign employees working in Vietnam?
What are the conditions for recruiting and using foreign workers working in Vietnam?
Requirements for employment of foreigners in Vietnam are stipulated in Article 152 of the Labor Code 2019 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 public holidays for foreign employees working in Vietnam?
What are the public holidays for foreign employees working in Vietnam?
Pursuant to Article 112 of the Labor Code 2019, regulations on the public holidays are as follows:
Public holidays
1. Employees shall be entitled to fully paid days off on the following public holidays:
a) Gregorian Calendar New Year Holiday: 01 day (the 1st of January of the Gregorian calendar);
b) Lunar New Year Holidays: 05 days;
c) Victory Day: 01 day (the 30th of April of the Gregorian calendar);
d) International Labor Day: 01 day (the 1st of May of the Gregorian calendar);
dd) National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day);
e) Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar).
2. Foreign employees in Vietnam are entitled to 01 traditional public holiday and 01 National Day of their country, in addition to the public holidays stipulated in Clause 1 of this Article.
3. The Prime Minister shall decide the specific public holidays mentioned in Point b and Point dd Clause 1 of this Article on an annual basis.
The public holidays for foreign employees include the following specific days:
[1] Public holidays of Vietnamese employees include:
- Gregorian Calendar New Year Holiday
- Lunar New Year Holidays
- Victory Day
- International Labor Day
- National Day
- Hung Kings Commemoration Day
[2] Holidays for foreign employees working in Vietnam:
- 01 traditional public holiday
- 01 National Day of their country
What are the requirements for foreigners to work in Vietnam?
Pursuant to Article 151 of the Labor Code 2019, it is stipulated 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 working in Vietnam must meet the following basic requirements:
- 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, except in the cases stipulated in Article 154 of Labor Code 2019.
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