Do foreign employees have to undergo probation in Vietnam? Can I sign a contract to assign jobs to foreign employees in Vietnam?

Do foreign employees have to undergo probation in Vietnam?

My name is Long, from Thai Nguyen. I would like to ask, in the near future we will be recruiting foreign employees. I am wondering if foreigners are required to undergo a probationary period?

Answer: Pursuant to Clause 1, Article 24 of the 2019 Labor Code, regulations on probation are as follows:

1. An employer and an employee may include the contents of the probation in the employment contract or enter into a separate probation contract.

Thus, probation is an agreement that is not required when the employee works for the employer. But if there is a need for trial work, the parties can absolutely sign a probation contract or probation agreement in the content of the labor contract. Of course, the above regulation does not specifically state whether it applies to Vietnamese employees or foreign employees, but Clause 3, Article 2 of the 2019 Labor Code clearly states that foreign employees are also subject to application by this law.

Therefore, the above regulations will also apply to foreign employees working in Vietnam. If necessary, businesses can request probation for foreign employees.

Do foreign employees have to undergo probation in Vietnam? Can I sign a contract to assign jobs to foreign employees in Vietnam? (Image from the Internet)

Do secondary school foreign teachers need to apply for a work permit in Vietnam?

I work at a middle school, a private school. My school plans to hire a foreign teacher to teach. I wonder if my unit must apply for a work permit for this teacher?

Answer: Currently, there are no legal documents regulating foreign teachers teaching in high schools. However, the school can sign a labor contract with these teachers based on the agreement between the school, parents and teachers.

According to Article 151 of the 2019 Labor Code, regulations on requirements for foreigners to work in Vietnam are as follows:

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.

Thus, if a teacher wants to work at your school, she must meet the above conditions. In particular, a work permit is required when working in Vietnam.

Can I sign a contract to assign jobs to foreign employees in Vietnam?

Can I sign a contract to assign jobs to foreign employees in Vietnam? Hope to receive a response soon.

Answer: In Clause 1, Article 20 of the 2019 Labor Code, it is stipulated:

1. An employment contract shall be concluded in one of the following types:

a) An indefinite-term employment contract is a contract in which the two parties neither fix the term nor the time of termination of the contract;

b) A fixed-term employment contract is a contract in which the two parties fix the term of the contract for a duration of up to 36 months from the date of its conclusion.

=> Thus, according to the above regulations in Vietnam, there are currently two types of employment contracts mentioned above: indefinite-term contracts and fixed-term contracts.

For foreign employees, there will be no limit on the number of times a fixed-term contract can be renewed. The above regulations apply to foreign employees, so do not sign a job assignment contract with a foreign employee.

Best regards.