Can foreigners without a degree work in Vietnam?

by DungTran

Can foreigners without a degree work in Vietnam? Currently, foreigners entering Vietnam to work are increasing. However, not all cases are foreigners able to enter Vietnam to work; but must meet the conditions and regulations of the law. Let us find out this article with LSX Law firm:

Labor Code 2019

Enterprise Law 2020

Decree 11/2016/ND-CP 

Conditions for foreign workers to work in Vietnam

According to the provisions of Article 151 of the Labor Code 2019; for foreigners, foreign nationals can work in Vietnam if they fully meet the following conditions:

Firstly, regarding age: those who are full 18 years of age or older;

Secondly, regarding civil act capacity: must have total civil act capacity according to the provisions of the Civil Code 2015;

In addition, having a work permit; granted by a competent Vietnamese state agency; foreigners have the right to work in Vietnam; except for cases under the law to work in Vietnam without applying for a permit. Work permit;

Besides, at the time of working in Vietnam; he is not a person who is in the process of being examined for penal liability; are serving penalties; or have completed serving the penalties but have not yet had their criminal records cleared under foreign laws or Vietnamese laws;

Moreover, being a person with technical qualifications, professional expertise, skills, and working experience;

Last but not least, health: Determined to be healthy according to the regulations of the Minister of Health. 

Conditions of enterprises, agencies, organizations, and individuals in recruiting and employing foreign workers to work in Vietnam

In general, individuals, agencies, organizations; and enterprises wishing to recruit and use foreign workers to enter Vietnam to work for them must only meet the following requirements and conditions:

Firstly, must explain their labor use needs to the local competent state agency in charge of labor management; and obtain written approval from that state agency for permission to use them—a source of labor from abroad before recruiting foreign workers to work in Vietnam.

Furthermore, individuals, agencies, organizations, enterprises; and foreign workers may work for operations, management, and experts. Moreover; are technical workers whose labor resources in Vietnam do not meet the production and business requirements for that title or job.

Contractors must be responsible for making a total and specific declaration of employment positions, working experience, professional and technical qualifications, working time, and having demand for employees. Foreign workers to implement bidding packages with competent state agencies before recruiting and employing foreign workers to work in Vietnam. At the same time, they must receive the written approval of that state agency before recruiting and using foreign workers in Vietnam for the bidding package they perform.

Can foreigners without a degree work in Vietnam?

From the above regulations; we can see that the conditions for foreigners to work in Vietnam are to have technical qualifications, professional expertise; skills, work experience and can only be used for job positions in technical, executive, managerial, and specialist labor.

Accordingly, article 3 of Decree 11/2016/ND-CP; the job positions are technical, executive, managerial, and expert workers when they can meet the following conditions:

Firstly, technical workers have been trained in technical specialties or one of the other majors with a training course of at least 1 year; and must have at least 3 years of working experience in their major.

Additionally, the Chief Executive Officer is the head and person who directly runs the affiliated units of an organization, agency, or enterprise.

Moreover, a manager is a person who manages an enterprise or the head or deputy of the head of an agency or organization. In which, enterprise managers as prescribed in Clause 24; Article 4 of the Enterprise Law 2020 are company managers and managers of private enterprises; specifically including the Chairman of the Members’ Council, owners of private enterprises; general partners, members of the Members’ Council, Chairman of the Board of Directors, members of the Board of Directors; President of the company, Director or General Director and individuals holding other management positions; and titles with authority to act on behalf of, on behalf of the company; to enter into transactions of the company based on the provisions of the company’s charter.

Besides, an expert being a foreign worker is determined to meet conditions under the law.

Conclusion

Thus, we can see that according to the provisions of the Labor Code; there is no provision stating that a person must have a degree to work in Vietnam. However, from the required conditions for foreign workers and individuals, businesses, agencies; and organizations wishing to employ foreigners to work in Vietnam, the foreigner’s degree is the basis to prove they are technically qualified. Especially according to the guidance in Decree 11/2016/ND-CP above; foreign workers entering Vietnam who are experts or technical workers must have a degree as prescribed. 

Hope this article is helpful for you!

If you have any questions; please contact Lawyer X for quick and best legal services: 0833102102.

Related questions

What is a Labor Standard?

A labor standard is the amount of labor time that need for the completion of a task. It is sometimes referred to as the standard labor rate. The labor standard concept used when planning how many employees to assign to a task, which is part of the budgeting and planning processes. For example, a company may conclude that, given the amount of a labor standard, it must maintain production through three shifts to ensure that a sufficient number of units are produced to meet the requirements of the sales forecast.

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A business enterprise is the undertaking of activities associated with the production, sale or distribution of products or services. A business enterprise can be operated as a sole proprietorship, partnership, corporation, limited liability company or other type of business association.

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