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Which foreigners are not granted a work permit in Vietnam?

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Which foreigners are not granted a work permit in Vietnam? What are the provisions of the law on work permit for foreigners? Let us find out with LSX Law firm on the topic below:

Labor Code 2019 

Which foreigners are not granted a work permit in Vietnam?

In general, a work permit is a document that records the approval of a foreigner to work in Vietnam; by a competent state agency. However, not all cases may have a work permit.

The following are the subjects who are not subject to the issuance of a work permit as prescribed:

Firstly, persons who are the Chairman of the Board of Directors; or members of the Board of Directors of a joint-stock company to which such company; has the value of capital contribution under the Government’s regulations.

Secondly, those who are currently owners of capital contributors of the company; in the form of one-member limited liability; or from two or more members whose capital contribution has a specific value as prescribed by the Government;

Thirdly, cases based on the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.

In addition, those who are heads of representative offices; project heads, or mainly responsible for activities of foreign non-governmental organizations and international organizations in Vietnam.

Also, a foreign lawyer who, according to the Law on Lawyers; has been granted a license to practice law in Vietnam;

Moreover, those who enter Vietnam to make a service offering; dealing with technical situations, incidents, handling complex technologies that have consequences that affect or are likely to cause harm. Adversely affect the production and business activities of the enterprise that Vietnamese experts or other foreign experts currently in Vietnam cannot handle with a stay in Vietnam of less than 3 months.

Furthermore, foreigners who have registered their marriages with Vietnamese citizens and are currently living in the territory of the Socialist Republic of Vietnam;

Lastly, other cases of entry as prescribed by the Government;

The provisions of the law on work permits

Term of work permit:

The maximum term of a work permit as prescribed by law is 2 years. Suppose a foreigner wishes to extend the term of a work permit. In that case, each person may only extend it once with a maximum extension period of 2 years.

Cases in which a work permit expires:

If it falls into one of the following cases, the work permit will automatically expire:

Firstly, the term of the work permit has expired.

Secondly, the foreigner does not work under the contents of the work permit issued by the competent authority of Vietnam.

Thirdly, the labor contract contains incorrect contents and terms, contrary to the contents and terms of the work permit granted to the foreigner.

Moreover, the foreign side shall send a written notice to the Vietnamese side to stop the sending of foreign workers from working in Vietnam.

Furthermore, when the parties are foreigners, and the employer terminates the labor contract.

Additionally, the side of individuals, enterprises, organizations, agencies, units, contractors, partners in Vietnam, or foreign organizations in Vietnam that use foreign workers goes bankrupt and terminates work.

Also, Contracts in the fields that are the basis for arising work permits expire or terminate.

In case the work permit is revoked by a competent Vietnamese state agency according to law provisions. 

Hope this article is helpful for you!

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Related questions

What Is in a Labor Contract?

A labor contract can also be referred to as a collective bargaining agreement. Labor contracts are the result of negotiations between management and the labor union that represents workers within an organization. Negotiators for each party meet to discuss working conditions, wages, benefits and payment of union dues. Finalizing a final labor contract can take several days to many months, depending on the level of cooperation between management and organized labor, as well as the concessions either party is willing to accept.

What Is the Labor Force?

The labor force, or workforce, is the total number of people who are currently employed plus the number of people who are unemployed and seeking employment. This number does not include people who are unemployed and not seeking employment, such as students and retirees. People who would like a job but are not currently looking for one are also not considered part of the labor force. In short, the workforce includes those who either have a job or are actively seeking one.

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