Procedures for foreigners working in Vietnam

Anh Việt March 13, 2023

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Foreigners working in Vietnam are citizens of foreign nationality, they are living and working, registered for temporary and permanent residence in the territory of Vietnam. When participating in the domestic labor market, foreigners must fully meet the conditions and comply with the order and procedures prescribed by Vietnamese law. So about the matter “Procedures for foreigners working in Vietnam” Let’s find out with LSX in the article below.

Legal grounds:

Labor Code 2019
Decree 152/2020/ND-CP
Decree 145/2020/ND-CP

What conditions must foreigners working in Vietnam meet?

To participate in the labor market in Vietnam, foreigners must meet the “CONDITIONS” specified in Article 151 of the Labor Code 2019, including:

1. A foreign employee means a person who has a foreign nationality and:

a) is at last 18 years of age and has full legal capacity;

b) has qualifications, occupational skills, practical experience and adequate health as prescribed by the Minister of Health;

c) is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;

d) has a work permit granted by a competent authority of Vietnam, except in the cases stipulated in Article 154 of this Labor Code.

2. The duration of a foreign employee’s employment contract must not exceed that of the work permit.

When a foreign employee in Vietnam is recruited, both parties may negotiate conclusion of multiple fixed-term labor contracts.

When applying for a job in Vietnam, “foreign workers” must comply with Vietnamese law, or an international treaty to which Vietnam is a member has other provisions and is protected by Vietnam. . Moreover, foreign workers who are granted work permits by competent agencies in Vietnam must pay social insurance premiums.

Dossier of application for a work permit

According to the provisions of the Labor Code 2019 and guiding documents for the implementation of Decree 152/2020/ND-CP, Decree 145/2020/ND-CP Before applying for a work permit, enterprises hire employees Required documents to prepare include:

• A written request for a work permit

• A health certificate issued by a competent foreign or Vietnamese medical organization is valid for 12 months from the date of signing the health conclusion to the date of submission of the application.

• A criminal 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 the criminal record certificate issued by Vietnam is required. However, these documents are issued within 06 months from the date of issuance to the date of application submission.

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

• 02 color photos, size 4cm x 6cm, white background, straight face, bare head, no colored glasses, photos taken within 06 months from the date of application.

Procedures for foreigners working in Vietnam

Pursuant to Article 11 of Decree 152/2020/ND-CP stipulates as follows:

To participate in the labor market in Vietnam, foreigners must meet the “CONDITIONS” specified in Clause 1, Article 151 of the Labor Code 2019, including:

1. At least 15 working days before the day on which a foreign worker starts to work, the applicant shall submit an application for work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the province where he/she is expected to work. The applicant is:

a) the employer, if the foreign worker moves to Vietnam for employment for the purposes specified in points a, b, e, g, I and k clause 1 Article 2 hereof;

b) the Vietnamese agency, organization or enterprise, or foreign organization or enterprise operating in Vietnam for which the foreign worker is expected to work, if the foreign worker moves to Vietnam for employment for the purposes specified in points c and d clause 1 Article 2 hereof; or

c) the foreign service offeror in Vietnam, or the person in charge of establishing a commercial presence as prescribed in points dd and h clause 1 Article 2 hereof.

2. Within 5 working days after receiving a duly completed application, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs of province where the foreign worker is expected to work shall issue a work permit to the foreign worker, using Form No. 12/PLI Appendix I hereto appended. The form of work permit shall be solely printed and issued by the Ministry of Labor, War Invalids and Social Affairs. If the application is rejected, a written explanation is required.

3. For a foreign worker specified in point a clause 1 Article 2 hereof, after the foreign worker is issued with a work permit, the employer and the foreign worker must sign a written employment contract as per Vietnam’s labor law before the date on which the foreign worker is expected to work.

The employer shall send that employment contract to the competent authority that issued that work permit. The employment contract is the original or a certified true copy.

According to the above regulations, at least 15 days before the foreign worker is expected to start working in Vietnam, he must submit an application for a work permit at the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work.

Within 5 working days after receiving a complete application for a work permit for a foreign worker, the Department must issue a work permit to the foreign worker. In case of refusal to grant a permit, the reason must be clearly stated and a written reply must be provided.

How long is a work permit for foreign workers?

Pursuant to Article 10 of Decree 152/2020/ND-CP stipulating as follows:

The validity period of a work permit shall coincide with any of the period/duration below but not exceeding 2 years:

1. Validity period of the employment contract to be signed.

2. Duration of the foreign worker’s assignment in Vietnam.

3. Duration of the contract or agreement concluded between Vietnamese and foreign partners.

4. Duration of the service contract or agreement concluded between Vietnamese and foreign partners.

5. Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to negotiate the service provision.

6. Validity period in the operation license of the agency, organization or enterprise.

7. Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to establish a commercial presence.

8. Duration stated in a document proving the foreign worker’s eligibility to participate in the operation of a foreign company that has established its commercial presence in Vietnam.

9. Duration stated in the acceptance of employment of foreign worker unless a report on demand for foreign workers as specified in point b clause 1 Article 4 hereof is not required.

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Frequently asked questions

What responsibilities do foreign workers working in Vietnam have?

Pursuant to Article 153 of the Labor Code 2019 stipulates as follows:
Responsibilities of employers and foreign workers
Foreign workers must present a work permit at the request of a competent state agency.
Foreign workers working in Vietnam without a work permit will be forced to exit or deported according to the provisions of the law on entry, exit, transit and residence of foreigners in Vietnam.
Employers who employ foreign workers to work for them without work permits shall be handled in accordance with law.
Thus, foreign workers working in Vietnam must be responsible for presenting work permits at the request of state agencies.

Conditions for recruitment and employment of foreign workers?

Article 152 of the Labor Code 2019 stipulates the conditions for recruitment and employment of foreign workers working in Vietnam as follows:
Enterprises, agencies, organizations, individuals and contractors may only recruit foreign workers to perform managerial, executive, expert and technical positions in which Vietnamese workers are employed. cannot meet the needs of production and business.
Before recruiting foreign workers to work in Vietnam, enterprises, agencies, organizations and individuals must explain their demand for labor use and obtain written approval from state agencies. authoritative.
Before recruiting and employing foreign workers to work in Vietnam, contractors must declare specific job positions, professional and technical qualifications, work experience, and required working time. foreign workers to perform the bidding package and get the written approval of the competent state agency.

Sanctions for violations of regulations on foreigners working in Vietnam?

Article 31 of Decree 28/2020/ND-CP stipulates that violations of regulations on foreigners working in Vietnam will be sanctioned as follows:
A fine of between VND 1,000,000 and 3,000,000 shall be imposed on the employer when committing one of the following acts:
a) Failing to report or reporting improperly the contents and deadlines on the employment of foreign workers at the request of the state management agency in charge of labor;
b) Failing to send a copy of the signed labor contract to the agency that has issued the work permit in case the foreign worker works under the form of a labor contract.
A fine of between VND 5,000,000 and 10,000,000 shall be imposed on each employee, but not exceeding VND 75,000,000 for employers who commit acts of using foreign workers not in accordance with regulations of law. the content written on the work permit or the written confirmation that the work permit is not eligible.
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