I. Legal Basis

• Decree 152/2020/ND-CP
• Decree 70/2023/ND-CP
• Labor Code 2019

II. Is it necessary to recruit Vietnamese workers before hiring foreign workers?

Employers (excluding contractors) must determine the need for foreign workers for each job position that cannot be filled by Vietnamese workers at least 15 days before the intended employment of foreign workers.

Subsequently, the employer must submit a report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the province or city where the foreign workers are expected to work.

III. Information required in the recruitment announcement

The recruitment of Vietnamese workers must be announced on the electronic portal of the Ministry of Labor, War Invalids and Social Affairs (Employment Department) or the electronic portal of the job service center established by the Chairman of the People’s Committee of the province or centrally controlled city. Some information that must be posted includes:

• Job positions and titles
• Job description
• Number of vacancies
• Requirements regarding qualifications and experience
• Salary
• Working time and location

IV. Cases where the need for foreign workers does not need to be identified

There are certain cases where determining the need for foreign workers is not required, including:

• Head of a representative office, project, or responsible for the operation of an international organization or a foreign non-governmental organization in Vietnam.
• Entering Vietnam for less than 3 months to offer services, handle technical or technological issues that affect or have the potential to affect production and business, which cannot be resolved by Vietnamese and foreign experts already in Vietnam.
• Foreign lawyers who have been granted a law practice license in Vietnam.
• Foreigners married to Vietnamese citizens and residing in Vietnam.
• Owners or capital contributors of a limited liability company with a capital contribution of 3 billion VND or more.
• Chairman of the Board of Directors or members of the Board of Directors of a joint-stock company with capital contributions of 3 billion VND or more.
• Entering Vietnam to provide professional and technical consulting services or carry out other tasks for research, construction, appraisal, monitoring, evaluation, management, and implementation of programs or projects using official development assistance (ODA) in accordance with agreements in international ODA treaties signed between Vietnam’s competent authorities and foreign countries.
• Issuance of media activity licenses in Vietnam by the Ministry of Foreign Affairs as per legal provisions.
• Volunteers.
• Entering Vietnam to work as managers, executives, experts, or skilled workers for less than 30 days and no more than 3 times in a year.
• Entering Vietnam to implement international agreements signed by central or provincial agencies or organizations according to the law.
• Foreign students studying abroad with internship agreements at Vietnamese organizations, enterprises, or on Vietnamese ships.
• Family members of foreign diplomatic missions in Vietnam.
• Holders of diplomatic passports working for government agencies, political organizations, or political-social organizations.
• Individuals responsible for establishing a commercial presence.

About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

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