Foreign workers are allowed to work in Viet Nam when they comply with certain conditions prescribed by Law. Let’s find out these conditions with Lawyer X through the following situation: “Dear Lawyer! I would like to ask can a foreign national under 18 years old work in Viet Nam? What are requirements that foreign national wishing to work in Viet Nam should pay attention? Thanks for answering me!”
To clarify these questions, Lawyer X would like to introduce the article “Legal regulations on conditions satisfied by foreign workers in Viet Nam”. We invite you to read along.
Legal grounds
The 2019 Viet Nam Labour Code
Regulations on conditions of foreign workers in Vietnam
– A foreign national wishing to work in Vietnam must fully meet the following conditions:
+ Being full 18 years or older, and having full civil act capacity; (The capacity for civil acts of an individual shall be the capability of the individual to establish and exercise civil rights and perform civil obligations through his or her acts. Adults are persons who are eighteen (18) or more years of age 2. An adult shall have full capacity for civil acts except in the circumstances of Loss of capacity for civil acts, person with difficulty in awareness or control of his or her own acts, restricted capacity for civil acts)
+ Possessing professional and technical qualifications, skills and working experience; being physically fit under regulations of the Minister of Health;
+ Not being in the period of serving his/her penalty or having his/her criminal records not yet expunged or being subject to penal liability examination according to foreign law or Vietnam’s law;
+ Possessing a work permit granted by a competent Vietnamese state agency, except the cases specified in Article 154 of Labour Code. The validity duration of a work permit must be at most 2 years and may be extended once for a maximum duration of 2 years. Requirements and procedures for issuance, re-issuance, renewal and revocation of work permits are prescribed in detail in Decree 152/2020/ND-CP.
– The term of the labor contract of a foreign worker in Vietnam must not exceed the term of his/her work permit. When the employer employs a foreign to work in Vietnam, the two parties may reach agreement on the entry into definite-term labor contracts for many times.
– Foreign workers in Vietnam shall comply with the labor law of Viet Nam and are protected by Vietnam’s law, unless otherwise provided by treaties to which the Socialist Republic of Vietnam is a contracting party.
Conditions for recruitment and employment of foreigners in Viet Nam
Employers in Viet Nam shall satisfy these following conditions when they wish to recruit and employ foreigners in Viet Nam:
– Enterprises, agencies, organizations, individuals and contractors may only recruit foreigners to hold such positions as managers, executive officers, experts and technical workers which Vietnamese employees cannot hold to meet production and business requirements.
– Enterprises, agencies, organizations and individuals shall, before recruiting foreigners to work in Vietnam, explain their labor demands and obtain a written approval from a competent state agency.
– Contractors shall, before recruiting and employing foreigners to work in Vietnam, declare in detail working positions, professional and technical qualifications, working experience, and working time for foreigners to be employed for execution of bidding packages, and obtain a written approval from competent state agency.
Responsibilities of employers and foreign workers
Employers and foreign workers shall have the following responsibilities:
– A foreign worker shall produce his/her work permit upon request of a competent state agency.
– A foreigner working in Vietnam without a work permit shall be forced to exit or deported from Vietnam in accordance with the law on foreigners’ entry into, exit from, transit through and residence in Vietnam.
– The employer employing foreigners without a work permit shall be handled in accordance with law.
Foreign workers in Vietnam who are exempt from work permits
Foreign workers in Vietnam who are exempt from work permist include:
– Owners or capital contributors of limited liability companies receiving capital contributions as prescribed by the Government.
– Chairpersons or members of the Boards of Directors of joint-stock companies receiving capital contributions as prescribed by the Government.
– Chiefs of representative offices, directors of projects, or persons taking main charge of the operation of international organizations or foreign non-governmental organizations in Vietnam.
– Foreigners who enter and stay in Vietnam for under 3 months to offer services.
– Persons who enter Vietnam for a duration of under 3 months to handle complicated technical or technological incidents or circumstances which adversely impact or are likely to exert adverse impacts on production and business activities and cannot be handled by Vietnamese and foreign experts currently in Vietnam.
– Foreign lawyers who have been granted a permit to practice law in Vietnam in accordance with the Law on Lawyers.
– Cases prescribed in treaties to which the Socialist Republic of Vietnam is a contracting party.
– Foreigners who marry Vietnamese persons and are currently living in Vietnam’s territory.
– Other cases as prescribed by the Government.
Cases in which a work permit ceases to be valid
Cases in which a work permit ceases to be valid include:
– The work permit expires.
– The labor contract is terminated.
– The contents of the labor contract are inconsistent with the contents of the granted work permit.
– The permit holder performs work at variance with the contents of the granted work permit.
– The contract in a field which requires the work permit expires or is terminated.
– The foreign party has made a written notice of termination of the sending of foreign workers to Vietnam to work.
– The Vietnamese enterprise, organization or partner or the foreign organization in Vietnam that employs foreign workers terminates operation.
– The work permit is revoked.
Grant, re-grant, extension, and revocation of work permits and work permit exemption certificates
The Government shall prescribe the conditions, order and procedures for grant, re-grant, extension, and revocation of work permits and work permit exemption certificates for foreign workers in Vietnam.
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Frequently asked questions
No! A foreign national wishing to work in Vietnam must be full 18 years or older, and having full civil act capacity;
Yes! Contractors shall, before recruiting and employing foreigners to work in Vietnam, declare in detail working positions, professional and technical qualifications, working experience, and working time for foreigners to be employed for execution of bidding packages, and obtain a written approval from competent state agency.
Yes! A foreign worker shall produce his/her work permit upon request of a competent state agency.
Conclusion: So the above is Legal regulations on conditions satisfied by foreign workers in Viet Nam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
