Currently, many job positions in Vietnam need to use foreign workers because they meet the conditions in terms of qualifications and expertise. Therefore, the law related to foreigners living and working in Vietnam is attracting a lot of attention from the society. So about the matter “Conditions for foreigners to work in Vietnam” Let’s find out with LSX in the article below.
Legal basiss
- Labor Code 2019
- Decree 28/2020/ND-CP
- Decree 152/2020/ND-CP
Conditions for foreigners to work in Vietnam
Vietnamese people go abroad to work, foreigners come to work in Vietnam as an indispensable need of society with the integrated economy. In order to ensure the stability of the Vietnamese labor market, the labor law also has detailed regulations on this issue. The fact that foreign workers have come to work has increased in recent years, but not all enterprises employing foreign workers are fully aware of the legal regulations on the conditions to be met when employing foreign workers. this move. This article Minh Khue Law will clarify the legal regulations on the conditions for using foreign workers in Vietnam.
Article 151 of the Labor Code 2019 stipulates the conditions for foreign workers to work in Vietnam as follows:
1. Foreign workers working in Vietnam are foreign nationals and must satisfy the following conditions:
a) Being 18 years or older and having full civil act capacity;
b) Having professional qualifications, techniques, skills and working experience; be healthy as prescribed by the Minister of Health;
c) Not being a person who is currently serving a sentence or has not yet had his/her criminal record cleared or is being examined for penal liability in accordance with foreign or Vietnamese laws;
d) Having a work permit issued by a competent Vietnamese state agency, except for the case specified in Article 154 of this Code.
2. The term of the labor contract for foreign workers working in Vietnam must not exceed the term of the work permit. When employing foreign workers to work in Vietnam, the two parties can agree to enter into multiple definite-term labor contracts.
3. Foreign workers working in Vietnam must comply with Vietnamese labor law and be protected by Vietnamese law, except for international treaties to which the Socialist Republic of Vietnam is a contracting party. there are other provisions.
Accordingly, when your center recruits foreign workers to work at the center, the foreign workers must first meet the following specific conditions:
• Be 18 years old and have full civil act capacity
• Have professional qualifications and work experience
• Ensure working health according to the regulations of the Ministry of Health
• Not serving a sentence, not having a criminal record, or being prosecuted for criminal liability
• Have a work permit issued by a competent authority in Vietnam
In addition, when accepting foreigners to work in Vietnam, the English language center can agree to enter into a definite-term contract many times and this term must not exceed the term of the work permit. At the same time, it must ensure compliance with Vietnamese laws.
Conditions for recruitment and employment of foreign workers
Article 152 of the Labor Code 2019 stipulates the conditions for recruitment and employment of foreign workers working in Vietnam as follows:
1. Enterprises, agencies, organizations, individuals and contractors may only recruit foreign workers to perform managerial, executive, expert and technical positions in which Vietnamese workers are employed. cannot meet the needs of production and business.
2. Before recruiting foreign workers to work in Vietnam, enterprises, agencies, organizations and individuals must explain their demand for labor use and obtain written approval from state agencies. authoritative.
3. Before recruiting and employing foreign workers to work in Vietnam, contractors must declare specific job positions, professional and technical qualifications, work experience, and required working time. foreign workers to perform the bidding package and get the written approval of the competent state agency.
Accordingly, in the case of an English center you need to recruit foreign teachers, you should note:
• Only foreign workers may be recruited into managerial, executive, specialist and technical positions that Vietnamese workers cannot meet according to production needs.
• And the center must explain the need to use labor and be approved in writing by the competent state agency before recruiting foreign workers to work.
Responsibilities of foreign workers
As explained above, foreign workers working in Vietnam must have a work permit issued by a competent authority in Vietnam. This is a mandatory condition (except for some cases of exemption from work permit). From that request will arise the responsibilities of employers and foreign workers when working in Vietnam as follows:
• Foreign workers must present a work permit at the request of a competent state agency.
• Foreign workers working in Vietnam without a work permit will be forced to exit or deported according to the provisions of the law on entry, exit, transit and residence of foreigners in Vietnam. .
• Employers who employ foreign workers to work for them without a work permit will be handled in accordance with the law.
Penalties for violations of regulations on foreigners working in Vietnam
Article 31 of Decree 28/2020/ND-CP stipulates that violations of regulations on foreigners working in Vietnam will be sanctioned as follows:
1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed on the employer when committing one of the following acts:
a) Failing to report or reporting improperly the contents and deadlines on the employment of foreign workers at the request of the state management agency in charge of labor;
b) Failing to send a copy of the signed labor contract to the agency that has issued the work permit in case the foreign worker works under the form of a labor contract.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on each employee, but not exceeding VND 75,000,000 for employers who commit acts of using foreign workers not in accordance with regulations of law. the content written on the work permit or the written confirmation that the work permit is not eligible.
3. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed on foreign workers working in Vietnam who commit one of the following acts:
a) Working without a work permit or without a written confirmation of not being eligible for a work permit as prescribed by law;
b) Using an expired work permit or written confirmation that the work permit is not eligible.
4. Fines shall be imposed on employers who employ foreign workers to work in Vietnam without a work permit or without a certificate confirming that they are not eligible for a work permit or employing foreign workers whose work permit has expired or a written confirmation of not being eligible for a work permit has expired at one of the following levels:
a) From VND 30,000,000 to VND 45,000,000 for violations from 01 to 10 people;
b) A fine from 45,000,000 VND to 60,000,000 VND for violations from 11 to 20 people;
c) From 60,000,000 VND to 75,000,000 VND for violations of 21 or more people.
5. Additional sanctions
Expulsion of foreign workers working in Vietnam when working in Vietnam but without a work permit or a written confirmation that they are not eligible for a work permit when violating the provisions of Clause 3 of this Article .
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Please see more
- Regulations on the employment of elderly workers in Vietnam
- Regulations on overtime wages for workers in Vietnam
- Proving separate property before marriage under Vietnam law
Frequently asked questions
According to Clause 1, Article 2 of Decree No. 152/2020/ND-CP, foreign workers being foreign nationals come to work in Vietnam in the following forms:
Execution of labor contract.
Moving within the enterprise.
Performing all kinds of contracts or agreements on economy, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health.
Contracted service provider.
Offering services.
…
• According to the provisions of Clause 1, Article 151 of the Labor Code 2019, foreign workers working in Vietnam are foreign nationals and must meet the following conditions:
• Be 18 years of age or older and have full civil act capacity;
• Having professional qualifications, techniques, skills and working experience; be healthy as prescribed by the Minister of Health;
• Not being a person who is currently serving a sentence or has not yet had a criminal record or is being examined for penal liability in accordance with foreign or Vietnamese laws;
• Have a work permit issued by a competent Vietnamese state agency, except for the case specified in Article 154 of this Code.
According to the provisions of the Labor Code 2019 and guiding documents for the implementation of Decree 152/2020/ND-CP, Decree 145/2020/ND-CP Before applying for a work permit, enterprises hire employees Required documents to prepare include:
• A written request for a work permit, made according to form No. 7 of Circular 40/2016/TT-BLDTBXH.
• A health certificate issued by a competent foreign or Vietnamese medical organization is valid for 12 months from the date of signing the health conclusion to the date of submission of the application.
• A criminal record card or a document certifying that the foreign worker is not a criminal or is being examined for penal liability by a foreign country. In case the foreign worker has already resided in Vietnam, only the criminal record certificate issued by Vietnam is required. However, these documents are issued within 06 months from the date of issuance to the date of application submission.
• Documents proving that you are a manager, executive director, expert or technical worker.
• 02 color photos, size 4cm x 6cm, white background, straight face, bare head, no colored glasses, photos taken within 06 months from the date of application.
• Copy of passport or other valid documents in lieu of passports or valid international travel documents as prescribed by law.
Conclusion: So the above is Conditions for foreigners to work in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
