Conditions for recruitment of foreign workers under Vietnamese Law

Accordingly, Vietnamese law strictly regulates the conditions for recruiting foreign workers. In fact, there are many legal and compliance procedures that need to follow when recruiting foreigners in Vietnam. The following article of Lawyer X will clarify the conditions for recruitment of foreign workers under Vietnamese Law.

Legal grounds

• Labor Code 2012
• Decree 11/2016/ND-CP
• Circular No. 40/2016/TT-BLDTBXH
• Other specific legal documents

Can foreign workers be recruited?

Thus, Article 170 of the 2012 Labor Code stipulates that domestic enterprises, agencies, organizations, individuals, and contractors want to recruit foreign workers:

“Article 170. Conditions for recruitment of foreign nationals

1. Domestic enterprises, agencies, organizations, individuals, and contractors may only recruit foreign nationals to work as managers, executives, experts, and technical workers. Vietnam has not been able to meet the needs of production and business.
2. Foreign enterprises, agencies, organizations, individuals, and contractors, before recruiting foreign nationals to work in the Vietnamese territory, must explain their demand for labor use and obtain their approval. the written agreement of the competent state agency”.

Accordingly, domestic enterprises, agencies, organizations, individuals, and contractors have the right to hire foreign workers but must satisfy the requirements and conditions as prescribed by law. At the same time, the explanation procedure must follow in writing by the competent state agency.

Conditions for recruiting foreign workers

Regarding the conditions for recruiting foreign workers to work in Vietnam, the law clearly stipulates:

• Only foreign workers may be recruited to do management, executive director, expert, and technical work” in case Vietnamese workers cannot meet production and business needs. That means, when Vietnamese workers have met the requirements, they are not allowed to continue to use foreign workers.
• An explanation of needs must be made and it must be agreed in writing by a competent Vietnamese agency.

Thus, according to regulations, enterprises can only recruit foreign workers when domestic workers cannot meet the demand with the above-mentioned nature of work.

In addition, according to Clause 1, Article 2 of Decree 11/2016 ND-CP clarifies more regulations on foreign citizens working in Vietnam in the following forms:

• Performance of labor contracts;
• Moving within the enterprise;
• Performing all kinds of contracts or agreements on economic, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education, and health;
• Contracted service providers;
• Offering services;
• Working for a foreign non-governmental organization or an international organization in Vietnam that is unable to operate in accordance with Vietnamese law;
• Volunteers;
• The person responsible for establishing a commercial presence;
• Managers, executives, experts, technical workers;
• Participating in the implementation of bidding packages and projects in Vietnam.

Procedures for explaining the recruitment of foreign workers

Step 1: Procedures for explaining labor demand

Firstly, at least 30 days before the expected date of employing foreign workers; the enterprise must make a written report explaining the need to use it; send it to the approval agency where the foreigner works.

Step 2: Procedures for applying for a work permit for employees

Secondly, a new application for a work permit for foreign workers working in Vietnam.

• Health certificate issued abroad or in Vietnam according to regulations of the Ministry of Health
• A written confirmation that the offender is not a criminal ;otherwise examined for penal liability following Vietnamese and foreign laws.
• Degree
• Written confirmation of overseas work experience for the position in Vietnam.
• 03 photos (4×6 international, front view, clear face, clear ears, no glasses, white background)
• Authenticated copy of original passport

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