Is it compulsory for foreign workers on probation to work in Vietnam to have work permit?

Is it compulsory for foreign workers on probation to work in Vietnam to have work permit?

Pursuant to Clause 1 Article 3 of the Labor Code in 2019 stipulating as follows:

1. “employee” means a person who works for an employer under an agreement, is paid, managed and supervised by the employer.

Pursuant to Clause 1 Article 151 of the Labor Code in 2019 stipulating requirements for foreigners to work in Vietnam 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.

Pursuant to Article 154 of the Labor Code in 2019 stipulating work permit exemption for foreign employees in Vietnam in Vietnam 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.

As regulations above, foreign workers are employees in Vietnam. Therefore, foreign workers on probation must obtain work permit issued by competent authorities.

However, if a foreign employee belongs to one of cases in Article 154 of the Labor Code in 2019, he/she doesn't have to obtain work permit.

Is it compulsory to obtain consent of competent authorities in Vietnam when employing foreign workers?

Pursuant to Article 152 of the Labor Code in 2019 stipulating requirements for employment of foreigners in Vietnam as follows:

1. 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.

2. Recruitment of foreign employees in Vietnam shall be explained and subject to written approval by competent authorities.

3. 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.

As regulations above, your company must explain and obtain written approval from competent authorities in Vietnam upon tecruitment of foreign employees in Vietnam.

What are responsibilities of employers and foreign workers in Vietnam?

Pursuant to Article 153 of the Labor Code in 2019 stipulating responsibilities of employers and foreign workers in Vietnam as follows:

1. Foreign employees shall present their work permits whenever requested by competent authorities.

2. Any foreign employee working in Vietnam without a work permit shall be deported or forced to leave Vietnam in accordance with immigration laws.

3. An employer who hires a foreign employee without a work permit shall be liable to penalties as regulated by the law.

Above are responsibilities of employers and foreign workers in Vietnam.

Best regards!