Cases in which a work permit is invalid in Vietnam

Cases in which a work permit is invalid in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Requirements for foreigners to work in Vietnam

Requirements for foreigners to work in Vietnam under Article 151 of the Labor Code 2019 are as follows:

- A foreign employee means a person who has a foreign nationality and:

+ Is at last 18 years of age and has full legal capacity;

+ Has qualifications, occupational skills, practical experience and adequate health as prescribed by the Minister of Health;

+ 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;

+ Has a work permit granted by a competent authority of Vietnam, except in the cases stipulated in Article 154 of the Labor Code 2019.

- 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.

- 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.

2. Cases in which a work permit is invalid in Vietnam

According to Article 156 of the Labor Code 2019, the cases in which a work permit is invalid are as follows:

- The work permit expires.

- The employment contract is terminated.

- The contents of the employment contract are inconsistent with the contents of the work permit granted.

- The work performed is not conformable with the contents of the work permit granted.

- The contract that is the basis for issuance of the work permit expires or is terminated.

- The foreign party issues a written notice which terminates the dispatch of the foreign employee to Vietnam.

- The Vietnamese party or foreign organization that hires the foreign employee ceases its operation.

- The work permit is revoked.

3. Requirements for employment of foreigners in Vietnam

According to Article 152 of the Labor Code 2019, the requirements for employment of foreigners in Vietnam. are as follows:

- 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.

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

- 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.

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