Conditions for foreigners to work in Vietnam What is that? Vietnam, with its rapid development and economic opening in recent years, has become an attractive destination for foreigners to work. However, to be able to work in Vietnam legally, foreigners must follow a number of specific legal conditions and procedures.
These conditions not only ensure the legality of their employment but also help protect their rights and those of the Vietnamese community. This raises a series of questions and challenges that foreigners need to face when deciding to come to Vietnam to work.
In this article, we will learn about the necessary conditions and basic regulations for foreigners to legally participate in Vietnam’s growing labor market. We invite customers to follow and learn.
Below are the specific provisions of the law on Work Permit revocation procedures that the National Security Law shares. We invite you to take a look.
Begin your journey of discovery regarding investment procedures in Vietnam, where opportunities await and success is not far away !
Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact VietnamContact Luật Quốc Bảo .
Please contact hotline /zalo : 0763387788 .
Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City
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Mục lục
- 1 Legal basis of foreign workers
- 2 Conditions for foreign workers working in Vietnam
- 3 Conditions for recruiting and using foreign workers working in Vietnam
- 4 Cases of foreign workers working in Vietnam are not subject to licensing
- 5 Responsibilities of employers and foreign workers
- 6 Penalties for violations of regulations on foreigners working in Vietnam
- 7 Legal services, making work permits for foreigners – National Bao Law
Legal basis of foreign workers
– Labor Code 2019
– Decree 28/2020/ND-CP
Conditions for foreign workers working in Vietnam
According to Article 151 of the 2019 Labor Code , conditions for foreign workers working in Vietnam are regulated as follows:
– Foreign workers working in Vietnam are people with foreign nationality and must meet the following conditions:
+ Be 18 years old or older and have full civil capacity;
+ Have professional qualifications, techniques, skills, and work experience; Have good health according to regulations of the Minister of Health;
+ Not a person who is serving a sentence or has not had a criminal record erased or is being prosecuted for criminal liability according to foreign or Vietnamese law;
+ Have a work permit issued by a competent Vietnamese state agency, except for the cases specified in Article 154 of the 2019 Labor Code.
– The term of the labor contract for foreign workers working in Vietnam must not exceed the term of the Work Permit. When using foreign workers to work in Vietnam, the two parties can agree to enter into multiple, fixed-term labor contracts.
– Foreign workers working in Vietnam must comply with Vietnamese labor laws and be protected by Vietnamese law, except in cases where international treaties to which the Socialist Republic of Vietnam is a member have provisions. other rule.
Conditions for recruiting and using foreign workers working in Vietnam
Conditions for recruiting and using foreign workers to work in Vietnam are based on Article 152 of the 2019 Labor Code , specifically:
– Enterprises, agencies, organizations, individuals, and contractors are only allowed to recruit foreign workers to fill management, executive, expert, and technical positions that Vietnamese workers do not have. meet production and business needs.
– Before recruiting foreign workers to work in Vietnam, businesses, agencies, organizations and individuals must explain their need for labor and obtain written approval from the relevant state agency. authorization.
– Before recruiting and using foreign workers to work in Vietnam, contractors must specifically declare the job positions, professional and technical qualifications, work experience, and working time required to employ workers. foreign investment to carry out the bidding package and obtain written approval from a competent state agency.
Cases of foreign workers working in Vietnam are not subject to licensing
According to Article 154 of the 2019 Labor Code , cases where foreign workers working in Vietnam are not subject to work permits include:
– Be an owner or capital contributing member of a limited liability company with capital contribution value according to Government regulations.
– Be the Chairman of the Board of Directors or a member of the Board of Directors of a joint stock company with capital contribution value according to Government regulations.
– Be the Head of a representative office, project or have main responsibility for the activities of international organizations and foreign non-governmental organizations in Vietnam.
– Enter Vietnam for less than 03 months to offer services.
– Entering Vietnam for a period of less than 03 months to handle problems, complex technical and technological situations that arise that affect or threaten to affect production and business that Vietnamese experts and other Foreign experts currently in Vietnam cannot handle it.
– Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers.
– In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member.
– Foreigners marry Vietnamese and live in Vietnamese territory.
– Other cases according to Government regulations.
Responsibilities of employers and foreign workers
As mentioned above, foreign workers working in Vietnam must have a work permit issued by a competent authority in Vietnam. This is a mandatory condition (except for some cases exempted from work permit issuance). From that requirement, the responsibilities of employers and foreign workers when working in Vietnam will arise as follows:
- Foreign workers must present their work permit when requested by a competent state agency.
- Foreign workers working in Vietnam without a work permit will be forced to leave or deported according to the provisions of law on entry, exit, transit, and residence of foreigners in Vietnam.
- Employers who employ foreign workers to work for them without a work permit will be handled according to the provisions of law.
Penalties 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 punished as follows:
- A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed on the employer when violating one of the following acts:
- a) Failure to report or reporting incorrect content and time limit on the situation of using foreign workers at the request of state labor management agencies;
- b) Do not send a copy of the signed labor contract to the agency that issued the work permit in the case of foreign workers working under a labor contract.
- Fine from 5,000,000 VND to 10,000,000 VND for violation for each employee but not exceeding 75,000,000 VND for employers who use foreign workers improperly. The content written on the work permit or written confirmation is not subject to a work permit.
- Fine from 15,000,000 VND to 25,000,000 VND for foreign workers working in Vietnam who commit one of the following acts:
a) Working without a work permit or without a written confirmation that you are not eligible for a work permit according to the provisions of law;
b) Using a work permit or document certifying that you are not subject to a work permit that has expired.
6. Fines shall be imposed on employers who employ foreign workers to work in Vietnam without a work permit or without a certificate confirming that they are not subject to a work permit or employing foreign workers. Foreign workers with an expired work permit or a written confirmation that they are not subject to an expired work permit according to one of the following levels:
a) From 30,000,000 VND to 45,000,000 VND for violations from 01 person to 10 people;
b) From 45,000,000 VND to 60,000,000 VND for violations from 11 to 20 people;
c) From 60,000,000 VND to 75,000,000 VND for violations of 21 people or more.
7. Additional sanctions
Deport foreign workers working in Vietnam when working in Vietnam without a work permit or without a written confirmation that they are not subject to a work permit when violating the provisions of Clause 3 of this Article. .
Above are the notes that recruitment establishments/companies/enterprises need to follow when recruiting and using foreign workers. Administrative penalties for violations in the use of foreign workers have also been clearly stipulated for each respective violation. We hope that through this article, you will gain an understanding of the legal regulations and carry out procedures that meet the conditions prescribed by the law.
Legal services, making work permits for foreigners – National Bao Law
Legal services for making work permits for foreigners of National Bao Law
Quoc Bao Law Firm is proud to provide quality and professional legal services for work permits for foreigners in Vietnam. We understand that this process requires an in-depth understanding of regulations and legal procedures, as well as the ability to deal with challenges that foreigners may encounter while working in Vietnam.
Our services include:
- **Legal advice:** Our team of lawyers and experts will advise you on regulations and conditions related to work permits for foreigners in Vietnam. We will help you understand the process, documentation requirements, and deadlines involved.
- **Dossier preparation:** We will assist you in collecting and preparing complete and accurate documents. This includes verifying the legality of documents and information required for the work permit application process.
- **Representation and submission of documents:** Quoc Bao Law Firm will represent you in submitting documents and interacting with authorities. We will ensure that all procedures are carried out correctly and on time.
- **Monitoring and renewal:** Once the work permit is issued, we will monitor the progress and notify you of any developments or changes related to your case. At the same time, we will also support you in the process of renewing your work permit if necessary.
With experience and professionalism, Quoc Bao Law is committed to accompanying you to ensure that you and your foreigners can perform work in Vietnam legally and safely.
Below are the specific provisions of the law on Work Permit revocation procedures that the National Security Law shares. We invite you to take a look.
Begin your journey of discovery regarding investment procedures in Vietnam, where opportunities await and success is not far away !
Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact VietnamContact Luật Quốc Bảo .
Please contact hotline /zalo : 0763387788 .
Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City
Facebook fan page : https://www.facebook.com/luatquocbao
Gmail: luatquocbao.vn@gmail.com
