Vietnam has become an attractive destination for foreign workers due to its rapid economic growth, increasing foreign direct investment (FDI), and expanding job opportunities in various industries. Many multinational corporations, startups, and local enterprises seek skilled foreign workers, executives, and experts to contribute to their development. However, to ensure a fair and regulated labor market, Vietnam imposes specific conditions on foreigners before they can legally work in the country.
- Conditions for foreigners to work in Viet Nam.
According to Article 151. Conditions for Foreign Workers Working in Vietnam of the Vietnamese Labor Code:
- A foreign worker working in Vietnam is a person who holds foreign nationality and must meet the following conditions:
a) Be at least 18 years old and have full legal capacity;
b) Possess professional qualifications, technical skills, work experience, and meet health requirements as prescribed by the Minister of Health;
c) Not be serving a criminal sentence, not have an unexpunged criminal record, and not be under criminal investigation in accordance with the laws of Vietnam or foreign laws;
d) Hold a work permit issued by a competent Vietnamese authority, except in cases specified in Article 154 of this Code.
2. The term of a labor contract for a foreign worker in Vietnam must not exceed the validity period of the work permit. The two parties may agree to enter into multiple fixed-term labor contracts when employing foreign workers in Vietnam.
3. Foreign workers working in Vietnam must comply with Vietnamese labor laws and are protected by Vietnamese law, except where an international treaty to which the Socialist Republic of Vietnam is a signatory provides otherwise.
A work permit is mandatory for most foreigners who wish to work in Vietnam. This permit is issued by the relevant Vietnamese authorities for a specific job and employer once they have confirmed the individual’s skills, qualifications, and health status.
Most foreigners who wish to work in Vietnam need a work permit, with a few exceptions. These exceptions include foreign investors, experts, foreign lawyers, foreigners married to a Vietnamese and living in Vietnam, and in some cases managers, executives, and technical workers (learn more in Article 154 of the 2019 Vietnamese Labor Code, as well as Article 7 of Decree 152/2020/ND-CP (as amended by Clause 4, Article 1 of Decree 70/2023/ND-CP) which provides further guidance on cases where foreign workers are not subject to work permit requirements). However, in this case, the worker is still required to obtain a certificate confirming that they are not subject to work permit requirements.
Several procedural steps must be followed for those intending to work in Vietnam to obtain a work permit. Initially, an application form must be submitted to the Department of Labor – Invalids and Social Affairs or its authorized agencies.
The application form should be supplemented with the necessary documents, which include:
- A photocopy of the passport
- The employment contract
- A health certificate
- A criminal record certificate (if applicable)
- The Application form for a Vietnam work permit (Form No. 11/PLI)
- A Certificate of health issued in Vietnam or a legalized health check if issued abroad, along with its certified Vietnamese translation.
Additional documents may be required based on the specific job position and circumstances.
According to Article 155 of the 2019 Labor Code, the validity period of a work permit is regulated as follows: “The maximum validity period of a work permit is 2 years. In case of extension, it can only be extended once for a maximum period of 2 years.” However, to extend the validity period of a work permit, the conditions specified in Article 16 of Decree 152/2020/ND-CP must be met.
Foreigners working in Vietnam must also comply with visa requirements. To enter Vietnam, a foreigner will need a visa issued by the Vietnamese Embassy or Consulate in their home country. There are a few different types of visas:
- Business visa: Suitable for short-term business visits to Vietnam.
- Work visa: Required for foreign nationals intending to work in Vietnam on a long-term basis.
- Temporary Residence Card (TRC): Foreign nationals who hold work permits valid for one year or more and a work visa may qualify for a TRC. The TRC, issued by the immigration agency under the Ministry of Public Security, is valid for a duration of one to ten years, contingent on the visa type.
2. Consequences of non-compliance with conditions for foreigners working in Vietnam
Failure to comply with the legal requirements for employing foreign workers in Vietnam can result in serious legal, administrative, and financial consequences. Both employers and foreign employees must adhere to labor regulations to avoid penalties, expulsion, and other legal risks. The key legal bases for these consequences include the Labor Code 2019, Decree 152/2020/ND-CP, and Decree 12/2022/ND-CP (amending Decree 28/2020/ND-CP).
One of the primary consequences of non-compliance is administrative fines. According to Decree 12/2022/ND-CP, foreign workers who work without a valid work permit or use an expired one may face a fine ranging from 15 to 25 million VND (Article 32, Clause 3, Point a). Employers who illegally hire foreign workers may be fined from 30 to 75 million VND, depending on the number of violations (Article 32, Clause 4). Additionally, businesses may be required to terminate employment contracts with foreign workers who are working illegally.
Another severe consequence is deportation. Under Article 157 of the Labor Code 2019, foreign workers without a valid work permit (unless exempted) may be expelled from Vietnam. The expulsion decision is issued in accordance with Vietnamese immigration laws, and individuals may also face restrictions on re-entering the country for a certain period.
In addition, foreign employees who do not comply with legal requirements may have their work permits revoked. Article 9 of Decree 152/2020/ND-CP states that work permits can be revoked if the worker is not performing the job specified in the permit or if the permit has expired without renewal. Once revoked, the foreign worker loses their legal right to work in Vietnam and may be subject to deportation.
For employers, non-compliance can have significant consequences beyond financial penalties. Businesses that violate labor regulations may face suspension of operations in certain fields, prohibition from hiring foreign workers in the future, and damage to their reputation. Repeated violations may also result in stricter inspections from labor authorities, making it difficult for companies to operate smoothly.
In conclusion, failing to comply with the legal requirements for foreign workers in Vietnam can lead to serious repercussions for both individuals and businesses. These include fines, work permit revocation, deportation, and operational restrictions. Therefore, it is essential for both foreign employees and employers to strictly follow Vietnamese labor laws to avoid legal risks and maintain compliance.
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