I. Legal Basis

In the context of a “flat” world and the rapid increase of foreign investment into Vietnam, the number of foreign workers in Vietnam is also growing. However, not all businesses and foreign workers are well-informed about the legal regulations regarding the employment of foreign workers in Vietnam. The Vietnamese legal framework has been continuously updated, and currently, the regulations concerning foreign workers in Vietnam are governed by:

• Labor Code 2019;
• Decree No. 152/2020/ND-CP;
• Decree No. 70/2023/ND-CP.

II. Conditions for Foreign Workers in Vietnam

Foreign workers in Vietnam are individuals with foreign nationality and must meet the following conditions:

• At least 18 years old and have full legal capacity;
• Possess professional qualifications, technical skills, work experience, and good health according to regulations set by the Ministry of Health;
• Not currently serving a criminal sentence or under criminal investigation, nor have unexpunged criminal records;
• Have a work permit issued by the Vietnamese authorities, except in cases where work permits are not required.

III. Foreign Workers Exempt from Work Permit Requirement

In addition to the cases stipulated in Clauses 3, 4, 5, 6, 7, and 8 of Article 154 of the Labor Code, foreign workers are exempt from the work permit requirement in the following cases:

• As owners or capital contributors of a limited liability company with capital contributions of 3 billion VND or more;
• As the Chairman or members of the Board of Directors of a joint-stock company with capital contributions of 3 billion VND or more;
• Intra-company transferees within the 11 service sectors in Vietnam’s WTO service commitment schedule;
• Providing specialized and technical consulting services or performing tasks for research, construction, assessment, management, and implementation of programs and projects funded by Official Development Assistance (ODA);
• Receiving an operation permit from the Ministry of Foreign Affairs for media-related work in Vietnam;
• Sent by foreign organizations or agencies to teach or work as a manager or director at educational institutions established by foreign diplomatic missions or intergovernmental organizations in Vietnam;
• Foreign volunteers working in Vietnam for international agreements where Vietnam is a member, with certification from foreign diplomatic missions or international organizations in Vietnam;
• Working in management, executive, expert, or technical positions in Vietnam for under 30 days and no more than 3 times per year;
• Working in Vietnam under international agreements signed by central or provincial authorities;
• Students and trainees from foreign institutions participating in internships in Vietnamese organizations or businesses, or trainees aboard Vietnamese ships;
• Family members of foreign diplomatic mission staff in Vietnam;
• Holders of official passports working for state agencies, political organizations, or socio-political organizations;
• Responsible for establishing commercial presence in Vietnam;
• Recognized by the Ministry of Education and Training for teaching or research positions, management positions, or executive roles in educational institutions established by foreign diplomatic missions or intergovernmental organizations in Vietnam;
• Heads of representative offices, projects, or responsible for activities of international organizations or foreign non-governmental organizations in Vietnam;
• Working in Vietnam for less than 3 months to offer services;
• Working in Vietnam for less than 3 months to resolve complex technical or technological issues impacting production and business that cannot be handled by experts in Vietnam;
• Foreign lawyers with a valid law practice license in Vietnam;
• Foreign nationals married to Vietnamese citizens and residing in Vietnam;
• Other cases as stipulated by the government or international agreements to which Vietnam is a party.

IV. Procedures for Issuing Work Permits to Foreign Workers

Aside from those exempt from work permits, foreign workers in Vietnam must obtain a work permit corresponding to their position. Recently, Decree No. 70/2023/ND-CP has introduced new requirements for foreign experts, executives, and technical workers, simplifying the work permit process compared to the provisions in Decree No. 152/2020/ND-CP.

Regarding the work permit procedure for foreign workers, businesses intending to employ foreign workers must follow these steps:

Step 1: From January 1, 2024, the recruitment of Vietnamese workers for positions intended for foreign workers must be announced on the following platforms:

• The Ministry of Labor, Invalids, and Social Affairs’ website (specifically, the Employment Department: www.doe.gov.vn).
• The electronic portal of the Employment Service Centers established by provincial People’s Committees.

Deadline: At least 15 days before the expected report submission.
The recruitment notice must include: job position and title, job description, number of positions, required qualifications, experience, salary, working hours, and location.
If no Vietnamese workers are hired for positions designated for foreign workers, the employer must complete the procedure to determine the need for foreign labor as required.

Step 2: The employer must complete the procedure to determine the need for foreign labor for positions where Vietnamese workers are unavailable and report to the Ministry of Labor, Invalids, and Social Affairs or the provincial Department of Labor, Invalids, and Social Affairs at least 15 days before employing foreign workers.

Step 3: After obtaining approval for foreign labor positions, the employer must submit the work permit application at least 5 working days before the expected start date for foreign employees.

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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