What conditions do foreigners need to work in Vietnam? What conditions do enterprises employing foreign workers need? Let us learn about this topic with LSX law firm as follow:
In addition to using laborers in Vietnam; many businesses also have to hire more foreign workers to work due to the nature of the work. So what conditions do foreign workers need to work in Vietnam?
5 conditions for foreigners to work in Vietnam
Clause 1, Article 151 of the Labor Code 2019 clearly states that; foreign nationals working in Vietnam must fully satisfy the following conditions:
1 – Being 18 years or older and having full civil act capacity.
According to Clause 2, Article 674 of the 2015 Civil Code; if a foreigner establishes and performs civil transactions in Vietnam; that foreigner’s civil act capacity shall be determined according to Vietnamese law.
Accordingly, a foreigner is determined to have civil act capacity when:
+ From 18 years of age or older.
+ Not falling into the case of loss or limitation of civil act capacity; or having difficulties in perception and behavior control.
2 – Having professional qualifications, techniques, skills, and working experience.
3 – Having enough health as prescribed by the Minister of Health.
4 – Not being a person who is currently serving a penalty; has not yet had their criminal record cleared, or is being examined for penal liability under foreign or Vietnamese laws.
5 – Having a work permit;l issued by a competent Vietnamese agency except for cases in which foreigners are exempt from work permits in Vietnam
If the above conditions are met, foreign workers are allowed to work in Vietnam.
In what forms do foreigners work in Vietnam?
According to the guidance in Clause 1; Article 2 of Decree 152/2020/ND-CPl foreign workers may work in Vietnam in the following forms:
Firstly, execution of labor contract.
Secondly, moving within the enterprise.
Thirdly, performing all kinds of contracts or agreements on economy; commercel finance, banking, insurance, science and technology, culture, sports, education, vocational education, and health.
Fourthly, contracted service provider.
Moreover, offering services.
In addition, working for foreign non-governmental organizations, international organizations in Vietnam may operate.
Next, volunteers.
Also, person is responsible for establishing a commercial presence.
Furthermore, managers, executives, experts, technical workers.
Additionally, participating in the implementation of bidding packages and projects in Vietnam.
Also, relatives of members of foreign representative missions in Vietnam; may work in Vietnam under international treaties to which Vietnam is a signatory.
What conditions do enterprises employing foreigners need?
To be able to hire foreign workers to work for them, businesses in Vietnam need to ensure the following conditions:
– Only foreign workers may be recruited into managerial, executive, specialist; and technical positions that Vietnamese workers cannot meet according to production and business needs.
Before hiring these people:
+ The enterprise must explain its demand for labor and obtain the written approval of the competent authority:
The time limit for explanation: At least 30 days before the expected date of using foreign workers
Receiving agency: Ministry of Labor, War Invalids; and Social Affairs or the People’s Committee of the province where the foreign worker attend to work.
In some cases, it is not necessary to determine the need to employ workers:
The employee is the head of the representative office of an international organization in Vietnam; enter Vietnam with less than 3 months to offer services; is the owner or capital contributor of a limited liability company with the capital from 3 billion VND;…
+ Contractors must declare specific job positions; professional qualifications, techniques, working experience, working time needed to employ foreign workers to execute the bidding package; and be approved in writing by the competent authority.
The place to send the declaration is the Chairman of the People’s Committee of the province; the province’s People’s Committee, where the contractor implements the bidding package.
According to Article 152 of the Labor Code 2019 and Articles 4 and 5 of Decree 152/2020/ND-CP.
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