FOREIGN LABOR IN VIETNAM (1): ENTITIES APPLY FOR WORK PERMIT
The foreign citizens who would like to work in Vietnam have to satisfy some of certain conditions specified in Article 151, Labour Law 2019 and Decree No. 11/2016/ND-CP as the following:
(i) A foreign employee means a person who has a foreign nationality;
(ii) is at last 18 years of age and has full legal capacity;
(iii) has qualifications, occupational skills, practical experience and adequate health as prescribed by the Minister of Health;
(iv) is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;
(v) has a work permit granted by a competent authority of Vietnam.
With regard to the work permit, Article 154 Labour Law 2019 and Article 7 Decree No. 152/200/ND-CP do not require a foreign employee to have the work permit if he/she enters Vietnam for a period of fewer than 03 months to do marketing of service and/or resolve a complicated technical or technological issue or is the manager of a representative office, project or the person in charge of the operation of international organizations or a foreign non-governmental organization in Vietnam. In general, if a foreign employee is under some of the following circumstances, he/she is not required to have a work permit. For example, he/she is the owner or capital contributor of a limited liability company with a capital contribution value of 3 billion dongs or more; and/or enters Vietnam to work in an international treaty to which Socialist Republic Vietnam is a signatory.
In particular, if the foreign employee gets married to a Vietnamese citizen and wishes to reside in Vietnam is considered to be exempted from the work permit. This is a remarkable new point in Labour Law 2019 so that enterprises need to pay attention to this when they recruit foreign employees.
Above is some information about the entities who need to apply for the work permit. In case having any questions or needing support related to work permit and work permit procedures, readers can contact Lac Duy & Associates for timely support at:
- SĐT: + 84 (28) 3622 1603
- Email: info@lacduy-associates.com hoặc lacduy@lacduy-associates.com