HOW COMPANIES GET WORK VISAS/WORK PERMITS FOR INTERNATIONAL EMPLOYEES

I. Conditions on subjects to be granted work permits in Vietnam 

Pursuant to Clause 1 Article 2 of Decree 152/2020/ND-CP on foreign workers working in Vietnam to perform the following jobs:  

- Performance of labor contracts; 

- Internal mobility; 

-To perform various types of contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health; 

-Contract service provider; 

- Offering services; 

- Working for foreign non-governmental organizations and international organizations in Vietnam permitted to operate in accordance with the provisions of Vietnamese law; 

-Managers, executives, experts, technical workers; 

- Participate in the implementation of bidding packages and projects in Vietnam; 

The above subjects must meet the conditions according to Clause 1, Article 151 of the Labor Code 2019 on foreign workers working in Vietnam: 

-Being a person of foreign nationality and must meet the following conditions: 

-Being at least 18 years old and having full civil act capacity; 

- Having professional qualifications, techniques, skills 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 penal liability in accordance with foreign or Vietnamese laws; 

-Having a work permit issued by a competent state agency of Vietnam, except for the case specified in Article 154 of this Code. 

II. Company conditions to obtain a work visa/work permit in Vietnam for international employees 

In order for an enterprise to be granted a work permit in Vietnam for international employees, an enterprise needs to meet the conditions in the Law on Enterprise 2020, Law on Investment 2020 or under international treaties that the Socialist Republic of Vietnam as a member.  

In addition, enterprises must note the conditions for recruiting and employing foreign workers to work in Vietnam according to Article 152 of the Labor Code 2019: 

-Enterprises, agencies, organizations, individuals and contractors may only recruit foreign workers to managerial positions, executives, experts and technical workers that Vietnamese workers have not yet met according to production and business needs; 

- Enterprises, agencies, organizations and individuals, before recruiting foreign workers to work in Vietnam, must explain the demand for labor use and obtain the written approval of competent state agencies; 

- Before recruiting and employing foreign workers to work in Vietnam, the contractor must declare in detail the job positions, professional and technical qualifications, working experience, working time that needs to use foreign workers to implement the bidding package and obtain the written approval of the competent state agency. 

Above is an article that provides some basic information about Vietnamese legal regulations for the company to obtain a work visa/work permit for international employees.

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For more information, please contact:

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

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