Requirements for employment of foreigners in Vietnam

Requirements for employment of foreigners in Vietnam (Internet image) 

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

1. Requirements for employment of foreigners in Vietnam

Requirements for employment of foreigners in Vietnam according to Article 152 of the Labor Code 2019 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.

2. Requirements for foreigners to work in Vietnam

Requirements for foreigners to work in Vietnam according to 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.

3. Cases of work permit exemption for foreign employees in Vietnam

According to Article 154 of the Labor Code 2019, a foreign employee is not required to have the work permit if he/she:

- Is the owner or capital contributor of a limited liability company with a capital contribution value conformable with regulations of the Government.

- 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.

- 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.

- Enters Vietnam for a period of less than 03 months to do marketing of a service.

- 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.

- Is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.

- In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.

- Gets married with a Vietnamese citizen and wishes to reside in Vietnam.

- Other circumstances specified by the Government.

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