Can foreign employees work for 2 companies in Vietnam? Can employer sign a fixed-term employment contract multiple times with foreign employees in Vietnam?

Can foreign employees work for 2 companies in Vietnam? 

I want to ask the following: Can foreign employees working in Vietnam work (sign contracts) with 2 companies? Is that a violation?

Answer: Article 2 of the 2019 Labor Code stipulates regulated entities, specifically:

1. Employees, trainees, apprentices and other workers without labor relations.

2. Employers.

3. Foreign employees who work in Vietnam.

4. Other organizations and individuals directly related to labor relations.

And in Clause 1, Article 19 of the 2019 Labor Code, there are regulations on entering into multiple employment contracts, including:

1. An employee may enter into employment contracts with more than one employer, provided that he/she fully performs all terms and conditions contained in the concluded contracts.

Thus, foreign employees working in Vietnam are one of the applicable subjects of the Labor Code. Therefore, foreign employees can still sign 02 employment contracts with 02 different companies in Vietnam as long as the contents of both parties' signing are still ensured.

Can foreign employees work for 2 companies in Vietnam? Can employer sign a fixed-term employment contract multiple times with foreign employees in Vietnam? (Image from the Internet)

Do foreign lawyers licensed to practice law in Vietnam have to apply for a work permit? 

My company hired foreign lawyers to work. This guy has been licensed to practice in Vietnam, do we have to apply for a work permit?

Answer: According to Article 154 of the 2019 Labor Code, regulations on work permit exemption for foreign employees in Vietnam are as follows:

A foreign employee is not required to have the work permit if he/she:

1. Is the owner or capital contributor of a limited liability company with a capital contribution value conformable with regulations of the Government.

2. Is the Chairperson or a member of the Board of Directors of a joint-stock company a capital contribution value conformable with regulations of the Government.

3. Is the manager of a representative office, project or the person in charge of the operation of an international organizations or a foreign non-governmental organization in Vietnam.

4. Enters Vietnam for a period of less than 03 months to do marketing of a service.

5. Enters Vietnam for a period of less than 03 months to a resolve complicated technical or technological issue which (i) affects or threatens to affect business operation and (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.

6. Is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.

7. In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.

8. Gets married with a Vietnamese citizen and wishes to reside in Vietnam.

9. Other circumstances specified by the Government.

Pursuant to the above regulations in Vietnam, foreign lawyers who have been granted a License to practice law in Vietnam are not required to apply for a work permit. Therefore, your company does not have to apply for a work permit for this lawyer.

Can employer sign a fixed-term employment contract multiple times with foreign employees in Vietnam?

If the foreigner is already working in Vietnam and has signed 2 fixed-term employment contracts. Can the company continue to sign a fixed-term employment contract rather than an indefinite-term employment contract?

Answer: According to Point c, Clause 2, Article 20 of the 2019 Labor Code, regulations on types of employment contracts include:

c) The parties may enter into 01 more fixed-term employment contract. If the employee keeps working upon expiration of this second fixed-term employment contract, the third employment contract shall be of indefinite term, except for employment contracts with directors of state-invested enterprises and the cases specified in Clause 1 Article 149, Clause 2 Article 151 and Clause 4 Article 177 of this Labor Code.

In addition, Clause 2, Article 151 of the 2019 Labor Code has the following provisions: 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.

Thus, in the case of foreign employees, in order to be consistent with the provisions of the Work Permit, the enterprise is allowed to agree to sign multiple fixed-term employment contracts in Vietnam.

Therefore, your company can agree with this foreign employee to continue signing a fixed-term employment contract in Vietnam.

Best regards!