With the increase in foreign direct investment (FDI) and the demand for foreign labor by Vietnamese businesses, regulations concerning the issuance of work permits and the management of foreign labor in Vietnam are becoming more refined. Vietnamese law, along with international treaties of which Vietnam is a member, allows for the recruitment of foreign labor for positions that cannot be filled by Vietnamese workers. To work legally in Vietnam, foreign workers need a work permit.
1. Labor Code 2019 (effective from January 1, 2021)
2. Decree 152/2020/ND-CP (dated December 30, 2020) regulating foreign workers in Vietnam and the recruitment and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam
3. Decree 70/2023/ND-CP amending Decree 152/2020/ND-CP
- Must be 18 years of age or older and have full legal capacity
- Must possess professional qualifications, technical skills, work experience, and meet health requirements as specified by the Minister of Health
- Must not be serving a criminal sentence or have not had their criminal record expunged, and must not be under criminal investigation
- Must have a work permit issued by the competent authority in Vietnam, unless exempt from obtaining a work permit as per Article 154 of the Labor Code 2019
Work permits are applicable for foreigners working in Vietnam in the following situations:
- Performing labor contracts
- Internal company transfers
- Investors contributing capital to Vietnamese companies
- Executing economic, commercial, financial, banking, insurance, scientific, technical, cultural, sports, educational, and health contracts
- Providing services under contracts
- Offering services
- Working for foreign non-governmental organizations or international organizations in Vietnam
- Volunteers
- Individuals responsible for establishing a commercial presence
- Managers, executives, specialists, and technical workers
- Participating in tenders and projects in Vietnam
- Family members of representatives of foreign agencies in Vietnam who are permitted to work in Vietnam
- Health certificate valid for 12 months
- Criminal record check
- Documents proving status as a manager, executive, specialist, or technical worker
- Two color photos (size 4 cm x 6 cm, white background)
- Certified copy of passport
- Other documents depending on specific cases
1. Request approval for the need to use foreign labor
- Employers report to the Ministry or Department of Labor, Invalids, and Social Affairs
2. Submit work permit application
- Applications are submitted directly at the one-stop department of the Ministry or Department of Labor, Invalids, and Social Affairs
3. Sign labor contracts and report on the use of foreign labor
- Sign labor contracts and provide health insurance and social insurance for foreign workers
4. Issue temporary residence cards according to the duration of the work permit
- All documents must be consularly legalized and notarized
- The maximum duration of a work permit is 2 years and can be renewed once for a maximum of 2 years
- All companies, businesses, and organizations legally operating in Vietnam are allowed to employ foreign workers and must fully comply with legal regulations
A Dong provides detailed information and assistance to clients in applying for work permits for foreigners in Vietnam.
Please contact us:
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
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