CONDITIONS FOR FOREIGNERS TO WORK IN VIETNAM AND WORK PERMIT DURATION

According to the provisions of Clause 1 Article 2 of Decree 152/2020/ND-CP, foreign workers working in Vietnam are foreign citizens, working in Vietnam in prescribed forms such as offering services, volunteers, managers, ...

1. Conditions for foreign workers to work in Vietnam

Pursuant to the provisions of Clause 1, Article 151 of the Labor Code 2019, foreign workers working in Vietnam need to meet the following conditions: 

• Be at least 18 years old and have full civil act capacity;

• Have professional, technical, skilled and work experience; be in good health as prescribed by the Minister of Health;

• Not being a person who is serving a penalty or has not had his/her criminal record cleared or is being examined for criminal liability in accordance with foreign or Vietnamese laws;

• Have a work permit issued by a competent state agency of Vietnam.

Note: According to the provisions of Point d, Clause 1, Article 151 of the Labor Code 2019, foreign workers working in Vietnam in the cases specified in Article 154 of the Labor Code 2019 do not need to issue a work permit, such as:

• Entering Vietnam for less than 03 months to offer services.

• Foreign lawyers have been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.

• Foreigners who marry Vietnamese and live in the territory of Vietnam.

2. Work permit duration of foreigners working in Vietnam

Pursuant to the provisions of Article 155 of the Labor Code 2019 and Article 10 of Decree 152/2020/ND-CP, the duration of a work permit for foreigners is not more than 02 years, and is specifically granted in the following cases: 

• The term of the labor contract expected to be signed;

• The duration of the foreign party sending the foreign worker to work in Vietnam;

• Duration of contract or agreement signed between Vietnamese and foreign partners;

• The duration of the contract or service provision agreement signed between Vietnamese and foreign partners;

• The time limit stated in the service provider's document sending the foreign worker to Vietnam to negotiate the provision of services;

• The term has been determined in the operation license of the agency, organization or enterprise;

• The time limit stated in the service provider's document to send a foreign worker into Vietnam to establish the service provider's commercial presence;

• The time limit stated in the document proving that the foreign worker is entitled to participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam;

• The time limit in the written approval to employ foreign workers, except for cases where the report explaining the demand for employing foreign workers is not required as prescribed at Point b, Clause 1, Article 4 of Decree 152/2020/ND-CP.

Above is an article that provides basic information about current Vietnamese legal regulations governing working conditions and work permit duration of foreigners working in Vietnam.

----------

For more information, please contact:

Hoang Pham (James) / Managing Partner at: hoang.pham@vselawyers.com

© 2023 VSE LAWYERS LIMITED LIABILITY LAW COMPANY – All rights reserved.

Attention: This legal update is not an advice and should not be treated as such.