In addition to hiring employees in Vietnam, many businesses are expected to participate in more foreign workers due to the nature of the work. Thus, what are the requirements for foreign workers working in Vietnam?
5 conditions for foreign workers to work in Vietnam
Clause 1, Article 151 of the Labor Code 2019 clearly states that foreign nationals working in Vietnam must fully satisfy the following conditions:
1. Be 18 years or older and have full civil act capacity
Pursuant to Clause 2, Article 674 of the 2015 Civil Code, in case a foreigner establishes and performs civil transactions in Vietnam, that foreigner's civil act capacity is determined according to Vietnamese law.
Accordingly, a foreigner is determined to have civil act capacity when:
- From the age of 18 years or older.
- Not falling into the case of loss or limitation of civil act capacity or having difficulties in perception and behavior control.
2. Having professional qualifications, techniques, skills, and working experience.
3. Be in good health as prescribed by the Minister of Health.
4. Not being a person who is currently serving a sentence or has not yet had his/her criminal record cleared or is being examined for penal liability in accordance with foreign or Vietnamese laws.
5. Having a work permit issued by a competent authority of Vietnam, except for cases in which a work permit is not required.
What conditions do enterprises employ foreign workers need?
To be able to hire foreign workers, businesses in Vietnam need to ensure the following conditions:
Only foreign workers may be recruited into a managerial, executive, specialist, and technical positions that Vietnamese workers cannot satisfy according to production and business needs.
Before hiring foreign employees, enterprises must explain their demand for labor and obtain written approval from the competent authority. The contractor must declare in detail the job positions, professional and technical qualifications, working experience, and working time that need to employ foreign workers to execute the bidding package and obtain written approval of the competent authority.
The place to send the declaration: Chairman of the People's Committee of the province where the contractor performs the bidding package.
What types of jobs can foreign workers have in Vietnam?
According to the guidance in Clause 1, Article 2 of Decree 152/2020/ND-CP, foreign workers are allowed to work in Vietnam in the following forms:
- Execution of labor contract.
- Transfer work within the enterprise.
- Performing all kinds of contracts or agreements on economy, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education, and health.
- Contracted service providers.
- Offering services.
- Working for foreign non-governmental organizations, international organizations in Vietnam are allowed to operate.
- Volunteers.
- A person is responsible for establishing a commercial presence.
- Managers, executives, experts, technical workers.
- Participating in the implementation of bidding packages and projects in Vietnam.
- Relatives of members of foreign representative missions in Vietnam are allowed to work in Vietnam under international treaties to which Vietnam is a signatory.
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