WHAT ARE THE CONDITIONS FOR FOREIGN WORKERS TO WORK IN VIETNAM?
QUESTION
Dear TLK Law Firm, we hope that your company will answer the following problem: In the near future, my company will need to recruit foreign workers to work for us. I want to learn about the conditions for foreign workers to work in Vietnam so we can set appropriate recruitment criteria. Looking forward to your company's answer. Thank you!
RELATED ARTICLES
1. If a passport is about to expire, is it possible to be granted a work permit?
2. In what cases can a work permit be reissued?
3. Can a work permit be extended? How long is an extended work permit valid?
Thank you for your trust and sending questions to TLK Law Firm. Based on legal regulations and practical solutions, we would like to send you the following consulting content:
LEGAL BASIS
1. Labor Code No. 45/2019/QH14 passed by the National Assembly on November 20, 2019;
2. Decree No. 152/2020/ND-CP issued by the Government 152/2020/ND-CP regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working jobs for foreign organizations and individuals in Vietnam;
3. Other legal documents providing relevant guidance.
CONSULTATION CONTENT
In terms of global economic integration, Vietnam's labor market is one of the places that attracts many foreigners to live and work. Foreign labor is one of the labor sources that affects the working needs of the labor force in Vietnam. Due to the nature of the work, many businesses have to hire more workers from abroad to work. So what conditions do foreign workers need to work in Vietnam?
Next, join us to learn about the necessary conditions for foreign workers to work in Vietnam through the following article.
Photo 1. What are the conditions for foreign workers to work in Vietnam?_Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO CONDITIONS FOR FOREIGN WORKERS WORKING IN VIETNAM
1. What is a foreign worker?
Foreigners are people who carry documents identifying foreign nationality and stateless people entering, exiting, transiting, and residing in Vietnam. Accordingly, foreign workers are workers with foreign nationality or stateless people who work in Vietnam when meeting the prescribed conditions.
While working in Vietnam, foreign workers working in Vietnam must comply with Vietnamese labor laws and be protected by Vietnamese law, except in the case of international treaties that the Socialist Republic of Vietnamese is a member with different regulations.
=> See more: Fast and reputable service for applying/extending/re-issuing work permit
2. Conditions for foreign workers working in Vietnam?
Foreign workers working in Vietnam are people with foreign nationality and must meet the following conditions:
(1) Be 18 years old or older and have full civil capacity;
(2) Have professional qualifications, techniques, skills, and work experience; Have good health according to regulations of the Minister of Health;
(3) Not a person who is serving a sentence or has not had his/her criminal record erased or is being prosecuted for criminal liability according to the provisions of foreign law or Vietnamese law;
(4) Have a work permit issued by a competent Vietnamese state agency, except in cases not subject to a Work Permit.
In short, foreign workers who want to work in Vietnam need to fully meet the above conditions such as age, behavioral capacity, technical expertise,... and must be granted a Work Permit active, except in cases not subject to licensing.
3. Foreign workers working in Vietnam are not subject to work permits
A work permit is not a condition for foreign workers to be allowed to work in Vietnam because in the following cases, foreigners can work in Vietnam without a permit:
(1) Be an owner or capital contributing member of a limited liability company with capital contribution value according to Government regulations;
(2) Be the Chairman of the Board of Directors or a member of the Board of Directors of a joint stock company with capital contribution value according to Government regulations;
(3) Be the Head of a representative office, project or be primarily responsible for the operations of an international organization or foreign non-governmental organization in Vietnam;
(4) Entering Vietnam for less than 3 months to offer services;
(5) Entering Vietnam for a period of less than 03 months to handle incidents or complex technical and technological situations that affect or threaten to affect production and business that Vietnamese experts and foreign experts currently in Vietnam cannot handle it;
(6) Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers;
(7) In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member;
(8) Foreigners married to Vietnamese people and living in Vietnamese territory;
(9) Other cases as prescribed by the Government.
In short, a work permit is one of the important conditions for foreign workers to work in Vietnam, however when they fall into the above exceptions, foreign workers can work in Vietnam without a License.
II. PROCEDURE FOR IMPLEMENTING PROCEDURES FOR APPLYING FOR A WORK PERMIT
1. Steps to carry out procedures for applying for a Work Permit
Step 1: The person submits an application for a work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work;
Step 2: The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the employee plans to work reviews the dossier and requests additional dossiers (if any);
Step 3: The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the employee intends to work issues a work permit to the foreign worker;
Step 4: Receive results.
2. Document components and procedures for applying for an Investment Registration Certificate
A. Document components:
The application for a work permit includes the following documents:
1. Written request for a work permit from the employer according to the form;
2. Health certificate or health examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for a period of 12 months, from the date of signing the health conclusion to the date Submit documents or certificate of good health according to regulations of the Minister of Health;
3. Judicial record card or document certifying that the foreign worker is not serving a sentence or has not had a criminal record erased or is being prosecuted for criminal liability in a foreign country or issued by Vietnam no more than 06 months from the date of issue to the date of application submission;
4. Documents and papers proving that you are a manager, executive director, expert, technical worker and some professions and jobs;
5. 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, no colored glasses), taken no more than 6 months before the date of application;
6. Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required;
7. Certified copy of valid passport according to law;
8. Documents related to foreign workers proving that foreign workers work according to prescribed forms;
9. Dossier to request a work permit for some special cases:
- For foreign workers who have been granted a valid work permit and wish to work for another employer in the same position and with the same job title as stated in the work permit. The application for a new work permit includes: confirmation from the previous employer that the employee is currently working, documents specified in sections 1, 5, 6, 7, 8 and a certified copy of the issued work permit;
- For foreign workers who have been granted a valid work permit and change their job position or job title or form of work stated in the work permit according to the provisions of law, but If the employer does not change, the application for a new work permit includes the documents specified in sections 1, 4, 5, 6, 7, 8 and the work permit or a certified copy of the work permit. Work permit has been issued.
10. Consular legalization and authentication of documents;
11. Power of attorney for the person submitting the application (in case of authorizing someone else to do so);
12. Certified copy of personal legal documents (ID card, citizen identification card, valid passport) of the person performing the procedure;
13. Other documents required by competent state agencies (if any).
B. Resolution agency
Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work.
C. How to do it
- Submit application directly to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor;
- War invalids and society where foreign workers are expected to work; or,
- Submit the application via postal service to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work.
D. Implementation results
Issuance of Work Permit.
Photo 2. What are the conditions for foreign workers to work in Vietnam?_Hotline: 0972118764
IV. SUMMARY OF THE ANSWER SECTION: CONDITIONS FOR FOREIGN WORKERS TO WORK IN VIETNAM
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer:
Foreign workers working in Vietnam are people with foreign nationality and must meet the following conditions:
1. Be 18 years old or older and have full civil capacity;
2. Have professional qualifications, techniques, skills, and work experience; Have good health according to regulations of the Minister of Health;
3, Not a person who is serving a sentence or has not had a criminal record erased or is being prosecuted for criminal liability according to the provisions of foreign law or Vietnamese law;
4. Have a work permit issued by a competent Vietnamese state agency, except in cases where a work permit is not required.
IV. HOW SHOULD YOU BEST CHOOSE AN ORGANIZATION THAT PROVIDES LEGAL SERVICES?
An organization providing quality and reputable legal services should have the following criteria:
First: Must be an official legal organization with a legal operating license;
Second: It is better if the Board of Directors must be lawyers, experienced and have high degrees;
Third: Have a team of lawyers and a systematic, professional, and thoroughly trained human resources system;
Fourth: Friendly, dedicated and make every effort for the benefit of customers. Consider customer satisfaction and work quality as your own honor;
Fifth: Professional, thoughtful, flexible and logical service provision process to optimize work performance and save customers' time;
Sixth: Reasonable and competitive service prices;
Seventh: Rich services in both fields of supply and service packages in the same field for customers to choose the appropriate service package, as well as comprehensive support for customers throughout the operation process. movement;
Eighth: Have the ability to Connect - Promote commercial relationships for customers if customers have needs,...
Finding a comprehensive, professional and reputable legal consulting organization is what every customer wants. Because no one wants to risk losing both money and time while the results are not as expected. However, finding such an organization is not easy because the number of service providers in the Vietnamese market today is very large with varying quality.
A suggestion for you: Although our TLK Law Firm does not dare to claim to be the company providing the best legal services on the market, we satisfy all of the above criteria and more will definitely be a good choice for you.
=> See more: In what cases will work permit be revoked?
IV. SOME QUESTIONS RELATED TO WORK PERMITS
Question 1: How long is the term of the Work Permit?
Reply:
The term of a work permit is issued according to the term of one of the following cases but not exceeding 02 years:
(1) Term of the labor contract expected to be signed;
(2) Duration of the foreign party sending foreign workers to work in Vietnam;
(3) Term of contract or agreement signed between Vietnamese and foreign partners;
(4) Term of contract or service provision agreement signed between Vietnamese and foreign partners;
(5) Time limit stated in the service provider's document sending foreign workers to Vietnam to negotiate service provision;
(6) The term has been determined in the operating license of the agency, organization or enterprise;
(7) Time limit in the service provider's document sending foreign workers to Vietnam to establish a commercial presence of that service provider;
(8) Time limit in documents proving that foreign workers are allowed to participate in the operations of a foreign enterprise that has established a commercial presence in Vietnam;
(9) Time limit in the written approval to use foreign workers, except in cases where a report explaining the need to use foreign workers is not required.
In short, the term of a work permit is issued according to the term of the above cases but does not exceed 02 years, and can be extended according to regulations.
Question 2: Conditions for recruiting and using foreign workers to work in Vietnam?
Reply:
Enterprises, agencies, organizations, individuals, and contractors are only allowed to recruit foreign workers to fill management, executive, expert, and technical positions that Vietnamese workers do not qualify for. meet production and business needs.
Before recruiting foreign workers to work in Vietnam, businesses, agencies, organizations and individuals must explain their need for labor and obtain written approval from a competent state agency. permission.
Contractors, before recruiting and using foreign workers to work in Vietnam, must specifically declare the job positions, professional and technical qualifications, work experience, and working time for which they need to employ workers. abroad to carry out the bidding package and receive written approval from a competent state agency.
In short, recruiting foreign workers to work in Vietnam requires approval from competent authorities so as not to affect our country's abundant labor resources that have not been fully utilized.
=> See more: What is a work visa? What are the conditions for applying for a work visa for foreign workers?
Above is some general advice that we would like to offer to our customers. As a service provider, we always understand and are ready to accompany and solve the needs and difficulties that customers are facing. If you still have questions or need more in-depth advice, please contact the hotline: 0972118764 to receive direct advice from a lawyer (completely free consultation).
Thank you very much!
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