Vietnam: Who are employers of foreign workers?

Vietnam: Who are employers of foreign workers? (Internet image)

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

1. Who are employers of foreign workers?

According to Clause 2, Article 2 of Decree 152/2020/ND-CP, employers of foreign workers include:

- Enterprises operating in accordance with the Law on Enterprises, the Law on Investment or international treaties to which the Socialist Republic of Vietnam is a signatory;

- Bidders making bids or performing contracts;

- Representative offices, branches of enterprises, agencies or organizations licensed by the competent authorities;

- Regulatory agencies, political organizations, socio-political organizations, socio-political professional organizations, social organizations or socio-professional organizations;

- Foreign non-governmental organizations licensed by competent authorities of Vietnam in accordance with the Vietnam’s laws;

- Public sector entities, educational institutions established as per the law;

- International organizations, offices of foreign projects in Vietnam; agencies and organizations licensed by the Government, the Prime Minister, ministries or central authorities as per the law;

- Executive offices of foreign investors in business cooperation contracts or those of foreign contractors awarded operating licenses by the law;

- Law-practicing organizations in Vietnam as per the law;

- Cooperatives and cooperative unions established and operated in accordance with the Law on cooperatives; and

- Household businesses and individuals licensed to do business in accordance with the law.

2. Validity period of a work permit in Vietnam

According to Article 10 of Decree 152/2020/ND-CP, the validity period of a work permit shall coincide with any of the period/duration below but not exceeding 2 years:

- Validity period of the employment contract to be signed.

- Duration of the foreign worker’s assignment in Vietnam.

- Duration of the contract or agreement concluded between Vietnamese and foreign partners.

- Duration of the service contract or agreement concluded between Vietnamese and foreign partners.

- Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to negotiate the service provision.

- Validity period in the operation license of the agency, organization or enterprise.

- Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to establish a commercial presence.

- Duration stated in a document proving the foreign worker’s eligibility to participate in the operation of a foreign company that has established its commercial presence in Vietnam.

- Duration stated in the acceptance of employment of foreign worker unless a report on demand for foreign workers as specified in point b clause 1 Article 4 hereof is not required.

3. What are foreign organizations in Vietnam?

According to Clause 3, Article 2 of Decree 152/2020/ND-CP, foreign organizations in Vietnam are foreign agencies and organizations authorized by competent authorities of Vietnam to operate in Vietnam’s territory, including:

- Diplomatic missions, consular offices, representative bodies of international organizations of the United Nations, regional organizations, sub-regional organizations;

- Resident offices of foreign news agencies, press agencies, radio and television agencies;

- International organizations, inter-governmental organizations, foreign governmental organizations;

- Foreign non-governmental organizations licensed by competent authorities of Vietnam as per the law;

- Representative offices in Vietnam of foreign organizations operating in: business, trade, finance, banking, insurance, science and technology, culture, education, health, foreign legal counseling.

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