The process of recruiting and using foreigners in Vietnam

by DungTran

Dossier for granting work permits to foreigners working in Vietnam. Conditions for recruiting foreign workers in Vietnam. The process of recruiting and using foreigners in Vietnam. Let us learn about this topic with LSX law firm as follow:

Situation: My company specializes in the field of hotel and restaurant business; I want to hire a foreign expert to be a consultant at the Company. This is the first time that our company hires foreign experts to work. I would like to ask how are the procedures to hire foreign workers. Thank you!

Reply:

The law clearly regulates the recruitment of Vietnamese workers. When there is a need to hire foreign experts, it is necessary to fully comply with the following regulations:

Working conditions for granting work permits to foreigners foreign experts working in Vietnam

Firstly, having full civil act capacity;

Secondly, having professional qualifications, skills and health suitable to the job requirements;

Thirdly, not be a criminal or examined for penal liability in accordance with Vietnamese and foreign laws;

In addition, have a work permit issued by a competent Vietnamese state agency; except for the cases specified in Article 172 of this Code.

Thus, in order to work in Vietnam; the foreign expert must first meet all of the above conditions.

Accordingly, Clause 3, Article 3 of Decree 11/2016/ND-CP stipulates that 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 have 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.

Thus, foreigners must meet the above regulations to be considered experts and meet the working conditions in Vietnam according to the provisions of law. The conditions also need for re-issuance of work permits for foreigners in Vietnam.

Conditions for recruiting foreigners working in Vietnam

To recruit workers who are foreign nationals, your business needs to meet the following conditions

1. Domestic enterprises, agencies, organizations, individuals and contractors; may only recruit foreign nationals to work as managers, executives, experts and technical workers; that Vietnamese workers cannot meet according to production and business needs.

2. Foreign enterprises, agencies, organizations, individuals and contractors before recruiting foreign citizens to work in the Vietnamese territory; must explain the need to use labor and get the written approval of the competent state agency.”

Thus, according to the regulations; enterprises are only allowed to recruit foreign workers when domestic workers cannot meet the needs with the nature of work specified in Clause 1 of this Article; must explain the need to employ labor and obtain the approval of the competent state agency in accordance with the above provisions. 

The process of recruiting and using foreigners in Vietnam

Step 1: Determine the need of recruiting and using foreigners in Vietnam

– At least 30 days before the expected date of employment of foreign workers; Employers (except contractors) send a report explaining the need to employ foreign workers according to Form No. 1 issued together with Circular 40/2016/TT-BLDTBXH as amended and supplemented by Circular No. 18/2018/TT-BLDTBXH to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of the province (hereinafter referred to as the approving agency).

– Within 15 days from the date of receipt of the explanatory report, the approving agency shall notify the employer of the approval of the employment of foreign workers according to Form No. 3 issued together with Circular 40/ 2016/TT-BLDTBXH; amended and supplemented by Circular 18/2018/TT-BLDTBXH.

Step 2: Prepare an application for work permits for foreigners in Vietnam

Dossier of applying for a work permit for foreigners is specified in Article 10 of Decree 11/2016/ND-CP and guided specifically in Circular No. 40/2016/TT-BLDTBXH as follows:

The employer’s written request for a work permit as specified in Clause 1, Article 10 of Decree No. 11/2016/ND-CP, made according to Form No. 7 promulgated together with Circular 40/2016/TT-BLDTBXH.

The health certificate or medical examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for a period of 12 months; from the date of signing the health conclusion to the date of submitting the application.

A judicial 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 a criminal record card issued by Vietnam is required (the duration is not more than 6 months).

Documents proving that you are a manager, executive director, expert or technical worker

Certified copy of the passport and visa of the foreigner.

Documents proving that you are a manager, executive director, expert, technical worker, teacher (University degree, certificate of foreign working experience of at least 03 years, …)

02 color photos, size 4×6, white background, no glasses.

Documents related to foreign workers (depending on the case according to regulations: Appointment decision of the parent company, labor contract, company charter, etc.)

Step 3: Submit an application for work permits for foreigners in Vietnam

– In case an enterprise is located in an industrial park submit an application for a work permit at the Management Board of Industrial Parks of the province (city) where the enterprise is located.

– In case an enterprise has a regular head office, submit it to the Department of Labor; War Invalids and Social Affairs of the province (city).

– Cases of non-governmental organizations, international organizations, associations …… as prescribed in Clause 1, Article 3 of Circular 40/2016/TT-BLDTBXH; the application for a work permit for foreigners shall be submitted at Employment Department – Ministry of Labor – Invalids and Social Affairs.

Time limit for settlement: 07 working days from the date of receipt of complete and valid dossiers; (According to Clause 2, Article 12 of Decree No. 11/2016/ND-CP). ư

Finally, hope this article about The process of recruiting and using foreigners in Vietnam is helpful for you!

If you have any questions; please contact Lawyer X for quick and best legal services: +84846175333 or email: hoangson@lsx.vn.

Related questions

What is a work permit?

Authorized Vietnamese organizations issue work permit to grant foreign workers the right to legally work in Vietnam. So This means a work permit will prove that its owner is protected by Vietnam’s Labor law.

How long is the duration of the reissued work permit?

According to article 15 Decree 152/2020/ NĐ-CP, the duration of a reissued work permit is equal to the duration of the original work permit minus the time the foreign worker had worked in Vietnam until they requested a reissue of the work permit.

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