Which positions can enterprises employ foreigners in Vietnam?
My company wants to employ foreign workers to do management positions, so I want to know if this job position is possible for my company to use foreign workers?
Which positions can enterprises employ foreigners in Vietnam?
Pursuant to Article 152 of the 2019 Labor Code, requirements for employment of foreigners in Vietnam are 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.
Thus, according to the above regulations in Vietnam, for business management positions, you can recruit foreign workers when Vietnamese workers cannot meet the production and business needs of your business.
What are requirements for foreigners to work in Vietnam?
Pursuant to Clause 1, Article 151 of the 2019 Labor Code, 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.
According to this Article, foreign workers that your company employs must meet the above requirements to be able to work in Vietnam.
Responsibilities of enterprises employing foreign workers and foreign workers in Vietnam
Pursuant to Article 153 of the 2019 Labor Code, there are provisions 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.
Best Regards!
