I. Legal Basis

Labor Code 2019: This code stipulates the rights and obligations of employees and employers, governing issues such as employment contracts, wages, working hours, rest periods, social insurance, and labor dispute resolution.

Decree 152/2020/ND-CP: This decree provides guidance on implementing several provisions of the Labor Code 2019 regarding foreign workers in Vietnam. It outlines the procedures for obtaining work permits, documentation requirements, and the responsibilities of enterprises employing foreign labor.

II. Conditions for Foreign Workers to Work in Vietnam

Before signing employment contracts with foreign workers, candidates must meet the following general conditions:

Workers must be at least 18 years old and have full civil capacity. They need to possess relevant qualifications, skills, expertise, and work experience, as well as meet health requirements set by the Minister of Health.

Additionally, workers must not be serving a prison sentence, have not had their criminal record expunged, or be under criminal investigation according to the laws of their home country or Vietnamese law.

Finally, foreign workers need a work permit issued by the relevant Vietnamese authorities, except in cases exempt from requiring a work permit.

III. Signing Employment Contracts with Foreign Workers

In addition to the general regulations regarding employment contracts, contracts with foreign workers must pay special attention to their duration: The duration of the employment contract for foreign workers in Vietnam must not exceed the validity period of the work permit. When employing foreign workers in Vietnam, both parties can agree to multiple fixed-term contracts. This is one of the differences in regulations for foreign workers compared to Vietnamese workers. Accordingly, the maximum duration of a work permit is 02 years, and if renewed, it can only be extended once for a maximum of 02 years.

Thus, the duration of the employment contract with foreign workers will depend on the validity period of the work permit granted to the foreign worker. In this case, the type of contract between the employer and the foreign worker in Vietnam is a fixed-term employment contract, and the parties may agree to enter into multiple contracts if needed.

IV. Responsibilities of the Company After Signing Employment Contracts with Foreign Workers

After a foreign worker is granted a work permit, the employer and the foreign worker must sign a written employment contract in accordance with the law and must submit the signed contract to the relevant authority that issued the work permit (either the original or a certified copy). Failure to comply may result in the company being fined according to legal regulations (ranging from 1,000,000 VND to 3,000,000 VND).

V. 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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