WORK PERMITS FOR FOREIGN WORKERS IN VIETNAM AND STIPULATED REGULATIONS

How are work permits in Vietnam necessary and important for foreigners? and What are  the applicable regulations related to work permits for foreign workers? Please follow this essay to better understand issues surrounding work permits in Vietnam for people abroad.

I. How are work permits in Vietnam necessary for foreign workers (foreign employees)?

When foreign employees work at companies in Vietnam, employers have to contact the competent authorities to apply for granting work permits for these employees. Work permits are one of the most important conditions so that foreigners can work in Vietnam. Besides, work permits are also necessary documents for performing migration procedures in Vietnam. Foreign employees will be deported from Vietnam’s territory, and employers will be settled according to the Law if these employees don’t have work permits.

II. Regulations for work permits for foreigners

1. What are work permits for foreign workers (foreign employees)?

A work permit is a document that allows foreigners to legally work in Vietnam. The work permit will clearly and particularly record all workers’ information, including their full name, passport, date of birth, nationality; and name and address of work, and working position.   

Besides, a work permit for foreigners is also known as a type of license in which the Vietnamese competent authorities will assess basic conditions of Vietnamese Law for each particular case of foreigners who want to work or be assigned to Vietnam according to the Labor Code and other documents. 

2. What are cases that oblige work permits for foreigners?

Pursuant to Article 154 of the Labor Code 2019, there are cases that don’t oblige work permits for foreign workers, as follows:

1. Owners or limited partners (known as members contributing capital) of the Limited Liability Company who have the value of capital contribution according to the Government’s regulations;
2. Presidents or members of the Board of Directors of the Joint Stock Company who have the value of the capital contribution according to the Government’s regulations;
3. Heads of the representative offices or projects, or heads who are mainly responsible for activities of an International Organization or foreign Non-Governmental Organization in Vietnam;
4. Persons who come to Vietnam with the duration under three (03) months to perform service purchases;
5. Persons who come to Vietnam with the duration of under three (03) months to resolve complex technological problems and situations arising that affect or may affect manufacturers and businesses without the capacity to resolve them by Vietnamese experts and foreign experts staying in Vietnam;
6. Foreign lawyers are granted a Lawyer License in Vietnam according to the Law on Lawyers;
7. Cases that they are as defined by the International Treaties of which Vietnam is a member;
8. Foreigners who marry Vietnamese people and stay in the Vietnamese’s territory;
9. There are other cases according to the Law.

Therefore, except for the above cases, all remaining cases are obliged to have work permits for foreigners.

3. What authorities have the competence to grant these work permits?

Pursuant to Article 11 of Decree 152/2020/ND-CP stipulating authorities that have the competence to grant work permits for foreign workers are the Ministry of Labour, War Invalids and Social Affairs or the Department of Labour, War Invalids and Social Affairs.

III. Questions and answers related to work permits for foreign workers (foreign employees)

1. How long is the duration of work permits for foreign workers?

Pursuant to Article 155 of the Labor Code 2019 stipulating the duration of work permits is as follows:

• The duration of work permits is at least two (02) years. In case of extension, work permits are only extended once, with the maximum duration of two (02) years.

Therefore, the maximum duration of work permits is two (02) years.

2. How are work permits resolved when terminating employment contracts?

Employment contracts will terminate if work permits expire. Then, these work permits for foreign workers will be revoked according to Clause 2, Article 156 of the Labor Code 2019.

3. When are work permits for foreigners revoked?

Pursuant to Article 20 of Decree 152/2020/ND-CP, foreign workers are revoked work permits in Vietnam in the following cases:

1. Work permits expire as defined by Clauses 1, 2, 3, 4, 5, 6, and 7, Article 156 of the Labor Code 2019, specifically:

• Work permits expire;
• Employment contracts are terminated;
• Contents of employment contracts contrast with contents of granted work permits;
• Foreign employees work, but unlike those recording granted work permits;
• Contracts in operations are the basis of arising work permits that expire or are terminated;
• There are notices from the State related to hiring suspensions for foreigners working in Vietnam;
• Vietnamese enterprises, organizations, or partners, or foreign organizations in Vietnam use labor resources that are foreigners terminating work;
• Work permits are revoked.

2. Employers or foreign employees don’t accurately perform the regulations of this Decree.

3. During working in Vietnam, foreign employees don’t accurately perform Vietnamese Law that affects security and social safety and order.      

These are all information related to work permits for foreign workers as prescribed by Vietnamese Law. Please don’t hesitate to contact us if the clients have any further questions.

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