In recent years, Vietnam has become an attractive destination for many foreign professionals and investors. The demand for foreign workers continues to grow, particularly in areas requiring advanced technical skills and management expertise. However, employing foreign workers in Vietnam must comply with national labor laws to ensure fairness, legal protection, and proper labor management.
This article provides an overview of the key legal conditions for foreigners working in Vietnam, as well as the responsibilities of employers in recruiting and managing them in accordance with Vietnamese law.
1. Conditions for Foreign Workers to Work in Vietnam
Pursuant to Article 151 of the Labor Code 2019, the conditions for foreign nationals to work in Vietnam are prescribed as follows:
- A foreign worker in Vietnam is a person holding a foreign nationality and must satisfy the following conditions:
- Be at least 18 years of age and have full civil act capacity;Possess professional qualifications, technical skills, occupational expertise, and relevant working experience; be in good health as required by the Minister of Health;Not serving a criminal sentence, have no unspent conviction, and not be under criminal prosecution under the laws of Vietnam or foreign laws;
- Hold a work permit issued by a competent authority of Vietnam, except for cases provided in Article 154 of the Labor Code 2019.
- The term of a labor contract concluded with a foreign worker in Vietnam must not exceed the duration of the granted work permit. The parties may agree to enter into multiple fixed-term labor contracts corresponding to the validity of the work permit.
- Foreign workers in Vietnam are subject to Vietnamese labor laws and protected by Vietnamese law, unless otherwise provided by an international treaty to which the Socialist Republic of Vietnam is a signatory.
2. Conditions for Recruitment and Employment of Foreign Workers in Vietnam
According to Article 152 of the Labor Code 2019, the recruitment and employment of foreign workers in Vietnam are subject to the following conditions:
- Enterprises, agencies, organizations, individuals, and contractors may only employ foreign workers to perform positions of management, executive direction, expertise, or technical work for which Vietnamese workers are not yet qualified, in accordance with production and business needs.
- Prior to recruiting foreign workers to work in Vietnam, the employer must submit a written explanation of the demand for foreign employees and obtain written approval from the competent state authority.
- Contractors intending to recruit and employ foreign workers to perform contractual packages in Vietnam must declare in detail the job positions, qualifications, technical skills, professional experience, and working duration required, and obtain written approval from the competent authority before employment.
3. Cases Where Foreign Workers Are Not Subject to Work Permit Requirements
Under Article 154 of the Labor Code 2019, the following foreign workers are not required to obtain a work permit when working in Vietnam:
- Owner or capital-contributing member of a limited liability company meeting the capital contribution requirements as prescribed by the Government;
- Chairman or member of the Board of Directors of a joint-stock company meeting the capital contribution requirements as prescribed by the Government;
- Head of a representative office, project, or person chiefly responsible for the operation of an international organization or a foreign non-governmental organization in Vietnam;
- Entering Vietnam for a period of less than three (03) months to offer services;
- Entering Vietnam for a period of less than three (03) months to handle technical or technological incidents that may cause or threaten to cause production or business disruption, where Vietnamese or currently available foreign experts in Vietnam are unable to resolve them;
- A foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers;
- Cases provided by international treaties to which the Socialist Republic of Vietnam is a member;
- Foreign nationals married to Vietnamese citizens and residing within the territory of Vietnam;
- Other cases as prescribed by the Government.
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