Today, LSX Lawfirm will give you an article about: “Regulations for foreign workers working in Vietnam”, as follows:
Legal grounds
– Labor Code 2019;
– Decree No. 152/2020/ND-CP regulating foreign workers in Vietnam and recruiting and managing Vietnamese employees working for foreign organizations and individuals in Vietnam;
– Other relevant legal documents.
Labor forms of foreign citizens working in Vietnam
Pursuant to Clause 1, Article 2 of Decree 152/2020/ND-CP, employees; who are foreign citizens come to work in Vietnam (hereinafter referred to as foreign workers in the following forms:
- Labor contract
- Move within the enterprise
- Then Perform various types of contracts or agreements on economic, commercial; financial, banking, insurance, scientific and technical, cultural, sports, educational, vocational and medical education
- Then Contract service provider; offering services; working for a foreign non-governmental organization or an international organization in Vietnam permitted to operate in accordance with the provisions of Vietnamese law; volunteers
- Then the person responsible for establishing a commercial presence
- Managers, executives, experts, technical workers; participate in the implementation of bidding packages and projects in Vietnam
- Then Relatives of members of foreign representative missions in Vietnam allowed to work in Vietnam; according to the provisions of international treaties to which the Socialist Republic of Vietnam is a signatory.
In case the foreign worker is not eligible for a work permit in Vietnam
Apart from the cases specified in Clauses 3, 4, 5, 6, 7 and 8 Article 154 of the Labor Code, foreign workers in the following cases are not eligible for work permits:
- Then being the owner or capital contributing member of a limited liability company with a capital contribution value of VND 3 billion or more.
- Being the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.
- Then Internal movement of enterprises within 11 service industries in Vietnam’s service commitment schedule with the World Trade Organization, including: business, information, construction; distribution, education , environment, finance, health, tourism, culture, entertainment and transport.
- Entering Vietnam to provide professional and technical consulting services or perform other tasks in service of research, development; appraisal, monitoring, evaluation; management and implementation of the program Programs and projects using official development assistance (ODA) sources; according to regulations or agreements in international agreements on ODA signed between competent Vietnamese and foreign agencies.
In addition
- Then Granted a license to operate information and press by the Ministry of Foreign Affairs in Vietnam in accordance with law.
- Sent to Vietnam by a competent foreign agency or organization to teach and conduct research at an international school under the management of a foreign diplomatic mission or the United Nations; establishments and organizations established under agreements that Vietnam has signed or joined.
- Volunteers specified in Clause 2, Article 3 of Decree No. 152/2020/ND-CP.
- Entering Vietnam to work as a manager, executive director; expert or technical worker with a working period of less than 30 days and no more than 03 times in a year.
- Enter Vietnam to implement international agreements signed by central and provincial agencies and organizations in accordance with law.
- Then Pupils and students studying at overseas schools and training institutions that have agreements on internships in agencies; organizations and enterprises in Vietnam; Trainees and trainees on Vietnamese ships.
- Relatives of members of foreign representative missions in Vietnam specified at Point 1, Clause 1, Article 2 of Decree No. 152/2020/ND-CP.
- Having an official passport to work for state agencies, political organizations, socio-political organizations.
- Then Person responsible for establishing commercial presence.
- Being certified by the Ministry of Education and Training for foreign workers to enter Vietnam for teaching and research purposes.
The Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs has the authority to certify that foreign workers are not eligible for work permits.
Term of work permit for foreign workers in Vietnam
In addition to the cases that are not subject to the issuance of a work permit as prescribed, foreign workers working in Vietnam must be granted a work permit.
The term of a work permit is granted according to the term of one of the cases specified in Article 10 of Decree No. 152/2020/ND-CP as follows, but must not exceed 02 years:
- The term of the labor contract expected signed.
- The duration of the foreign party sending foreign workers to work in Vietnam.
- The duration of the contract or agreement signed between the Vietnamese and foreign partners.
- The term of the contract or agreement on service provision signed between the Vietnamese and foreign partners.
- The time limit specified in the document of the service provider sending foreign workers into Vietnam to negotiate service provision.
- The term determined in the operation license of the agency, organization or enterprise.
- The time limit in the document of the service provider sending the foreign worker to Vietnam to establish the commercial presence of that service provider.
- The time limit in the document proving that the foreign worker iallowed to participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.
- Finally, the time limit specified in the written approval to employ foreign workers; except for the case where a report explaining the need to employ foreign workers do not require as prescribed at Point b, Clause 1, Article 4 of this Decree.
The order of issuance of work permits comply with the provisions of Article 11 of Decree No. 152/2020/ND-CP.
Re-issuance, extension and revocation of work permits in Vietnam
So, re-issuance of work permits: In cases where valid work permits lost; then valid work permit damaged; or then if there is a change in their full name, nationality, passport number; and then working location stated in the valid work permit; the work permit shall re-issue. The term of the re-issued work permit is equal to the term of the issued work permit minus the time the foreign worker has worked up to the time of applying for the re-issuance of the work permit.
Extension of work permits: Foreign workers wishing to extend their work permits must meet the conditions specified in Article 16 of Decree No. 152/2020/ND-CP, specifically:
- The issued work permit is still valid for at least 05 days but not more than 45 days.
- Get approval from the competent authority for the need to employ foreign workers specified in Article 4 or Article 5 of this Decree.
Papers proving that the foreign worker continues to work for the employer according to the contents of the issued work permit.
Revocation of work permit: A work permit revoked in the following cases: (1) The work permit expires as prescribed in Clauses 1, 2, 3, 4, 5, 6 and 7 Articles 156 of the Labor Code; (2) The employer or foreign worker fails to comply with the provisions of Decree No. 152/2020/ND-CP; (3) Foreign workers, while working in Vietnam, fail to comply with Vietnamese laws, affecting security, social order and safety.
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Related questions about Regulations for foreign workers working in Vietnam
Intra-enterprise foreign workers are managers, executives, experts and technical workers of a foreign enterprise that has established a commercial presence in the Vietnamese territory, moves temporarily within the enterprise to have a commercial presence in the Vietnamese territory and have been employed by the foreign enterprise for at least 12 months before.
Experts are foreign workers in one of the following cases:
a) Having a written certification of being an expert of an overseas agency, organization or enterprise;
b) Possessing a university degree or higher or equivalent and having at least 03 years of working experience in a specialized field of training suitable to the job position in which the foreign worker is expected to work in Vietnam; special cases shall be considered and decided by the Prime Minister.
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