Legal basis:

– Decree 152/2020/ND-CP

Vietnam is increasingly opening up and integrating internationally, attracting many foreign workers to work. The presence of international human resources not only brings cultural diversity but also adds valuable skills and experience to domestic economic sectors. However, to be allowed to work in Vietnam, foreign workers must comply with the provisions of Vietnamese law and choose one of the following forms of work:

1. Define

“Foreign workers” According to the provisions of the Labor Code 2019, Vietnam is a person with foreign nationality and must meet the conditions as prescribed. Accordingly, it can be understood that foreign workers are citizens of one country working in another country, complying with the labor laws of that country.

International legal documents do not use the term “foreign worker” but only use the equivalent legal term “migrant worker”. According to the International Labor Organization (ILO), migrant worker is the concept of a person who migrates from one country to another to work for his or her own benefit. Signs to identify migrant workers here are based on differences in territory and national borders. Is the movement of workers from the country of their nationality to the country of their non-nationality. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990 (ICRMW) is considered the most direct and comprehensive international convention on the rights of migrant workers. . ICRMW has defined the term “migrant worker” to refer to a person who has been, is doing or will be doing a paid job in a country of which he or she is not a citizen (According to Clause 1, Article 2 of this Convention). .

2. Form of working as a foreign worker in Vietnam

• Implementation of labor contract: 

This is the most common form, in which foreign workers sign labor contracts with Vietnamese enterprises. This contract clearly stipulates the rights and obligations of both parties, including salary, working time, assigned work…

• Moving within the enterprise:

Foreign workers can be transferred from a parent company abroad to a subsidiary in Vietnam to work.

• Carrying out all kinds of contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health:

• Economic and commercial contracts: Foreign experts can sign contracts to provide consulting services, technology transfer…
• Scientific and technical contracts: Foreign scientists and engineers can participate in research and new product development projects.
• Cultural and sports contracts: Foreign artists and athletes can come to Vietnam to perform, train…

• Contract service provider;

• Offering services;

• Working for foreign non-governmental organizations or international organizations in Vietnam that are allowed to operate according to Vietnamese law: 

Many international organizations and non-governmental organizations with representative offices in Vietnam also recruit foreign workers.

• Volunteers: 

Foreigners can come to Vietnam to volunteer in fields such as education, health, society…

• Person responsible for establishing commercial presence:

Foreign investors can come to Vietnam to establish a business and directly manage that business.

• Managers, executives, experts, technical workers: 

These are positions that require high levels of expertise, often recruited to meet the needs of businesses.

• Participate in implementing bidding packages and projects in Vietnam;

• Relatives of members of foreign representative agencies in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a member.

3. Form of work as a foreign employer in Vietnam

• Enterprises operating under the Enterprise Law, Investment Law or international treaties to which Vietnam is a member;

• Contractors participate in bidding and perform contracts;

• Representative offices, branches of enterprises, agencies and organizations licensed for establishment by competent authorities;

• State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations;

• Foreign non-governmental organizations granted registration by competent Vietnamese agencies;

• Non-business organizations and educational institutions established according to the provisions of law;

• International organizations, offices of foreign projects in Vietnam; Agencies and organizations authorized by the Government, Prime Minister, ministries and branches to establish and operate according to the provisions of law;

• The executive office of the foreign investor in the business cooperation contract or of the foreign contractor is registered to operate in accordance with the provisions of law;

• Organize law practice in Vietnam according to the provisions of law;

• Cooperatives and unions of cooperatives established and operating under the Law on Cooperatives;

• Business households and individuals are allowed to operate business according to the provisions of law.

4. 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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