Is it permissible for foreigners without a degree to work in Vietnam?

Is it permissible for foreigners without a degree to work in Vietnam? - image from internet

Pursuant to Article 169 of the Labor Code in 2012 stipulating conditions for foreign citizens to work in Vietnam:

1. A foreign citizen wishing to work in Vietnam must fully meet the following conditions:

a/ Possessing full civil act capacity;

b/ Possessing technical and professional qualifications and skills and health appropriate to the work requirement;

c/ Not being a criminal or subject to penal liability examination according to Vietnamese and foreign laws;

d/ Possessing a work permit granted by a competent Vietnamese state agency, except the cases specified in Article 172 of this Code.

2. Foreign employees working in Vietnam shall comply with the labor law of Vietnam and treaties to which Vietnam is a contracting party which have different provisions, and are protected by Vietnamese law.

Pursuant to Article 170 of the Labor Code in 2012 stipulating conditions for employment of foreign citizens in Vietnam:

1. Domestic enterprises, agencies, organizations, individuals and contractors may only employ foreign citizens in such positions as manager, managing director, expert and technical worker which Vietnamese employees are still unable to fill to meet production and business requirements.

2. Foreign enterprises, agencies, organizations, individuals and contractors shall, before employing foreign citizens to work in the territory of Vietnam, explain their labor demands and obtain written approval from competent state agencies.

Pursuant to Article 3 of the Decree 11/2016/ND-CP stipulating foreign workers being reassigned in the company, volunteers, experts, managers, chief executive officers and technicians:

1. Foreign workers internally reassigned in the company are the managers, chief executive officers, experts and technicians of a foreign enterprise which has established a commercial presence in Vietnam, are temporarily reassigned within the same enterprise to its commercial presence in Vietnam and have been employed by the foreign enterprise for at least 12 months.

2. Volunteers are unpaid foreign workers who voluntarily work in Vietnam to implement the International Treaties to which the Socialist Republic of Vietnam is a signatory.

3. An expert means a foreign worker who:

a) Has a document certifying that he/she is an expert of an overseas agency, organization or enterprise; or

b) Has a bachelor’s degree or equivalent or higher qualifications provided that he/she has worked at least 03 years in his/her training field in corresponding with the job position that he/she shall be appointed in Vietnam and other special cases upon the consideration and decision of the Prime Minister.

4. Managers and chief executive officers are considered as foreign workers, including:

a) Managers are persons in charge of managing the companies as regulated in Clause 18 Article 4 of the Enterprise Law or heads or vice-heads of agencies or organizations;

b) Chief executive officers are the heads who directly manage subordinate units of agencies, organizations or enterprises.

5. Technicians are workers who had undergone training in technique or other majors for at least 01 year and have worked for at least 03 years in their training fields.

Based on the above information, foreign workers are not required to have a degree to work in Vietnam. They can use other types of documents such as appointment letters, labor contracts, etc.

Best regards!