Updated at 22/09/2022 - 03:50 pm
Government issued Decree 152/2020 / ND-CP on foreign workers working in Vietnam and recruiting and managing Vietnamese employees to work for foreign organizations and individuals in Vietnam. This Decree provides for foreign workers working in Vietnam, and comes into force from February 15, 02.
Below are guidelines on recruiting, managing, applying for work permits for foreigners, and reporting foreign workers in Vietnam.
Foreign citizens come to work in Vietnam in the following forms: #
a) Performance of labor contracts;
b) Intra-corporate transitions;
c) Performing types of contracts or agreements on economic, commercial, financial, banking, insurance, scientific and technical, culture, sports, education, vocational education and health;
d) Contractual service provider;
e) Offering for sale of services;
e) Working for foreign non-governmental organizations, international organizations in Vietnam licensed to operate in accordance with Vietnamese law;
g) Volunteers;
h) The person responsible for establishing the commercial presence;
i) Managers, executive directors, experts, technical workers;
k) Participate in the execution of bidding packages and projects in Vietnam;
l) Relatives of members of foreign representative missions in Vietnam are permitted to work in Vietnam under international treaties to which the Socialist Republic of Vietnam is a signatory.
Persons permitted to employ foreign workers, including: #
a) Enterprises operating under the Enterprise Law, the Investment Law or under international treaties to which the Socialist Republic of Vietnam is a signatory;
b) Contractors participating in bidding, performing contract;
c) Representative offices, branches of enterprises, agencies or organizations licensed to be established by competent agencies;
d) State agencies, political organizations, socio-political organizations, socio-political organizations - professional, social organizations, socio-professional organizations;
dd) The foreign non-governmental organization is granted a registration certificate by a competent Vietnamese agency in accordance with Vietnamese law;
e) Non-business organizations and educational institutions established in accordance with the law;
g) International organizations, offices of foreign projects in Vietnam; agencies and organizations allowed to be established and operated by the Government, the Prime Minister, ministries and branches in accordance with law;
h) The foreign investor's executive office in a business cooperation contract or of a foreign contractor is registered to operate in accordance with the law;
i) Law-practicing organizations in Vietnam according to the provisions of law;
k) Cooperatives and cooperative unions established and operating under the Law on Cooperatives;
l) Business households and individuals permitted to do business in accordance with the law.
Must identify and apply for approval of the need to use foreign workers to be recruited #
At least 30 days before the expected date of employment of foreign workers, the employer (except for the contractor) is responsible for determining the need to employ foreign workers for each job position for which he/she is employed. Vietnamese employees who have not met the requirements and report to the Ministry of Labor, War Invalids and Social Affairs or the People's Committees of the provinces and centrally-run cities (hereinafter referred to as the People's Committee of the province) where the foreign worker is expected to work according to Form No. 01/PLI Appendix I promulgated together with this Decree.
During the implementation process, if there is a change in the demand for foreign workers, the employer must report to the Ministry of Labor, War Invalids and Social Affairs or the provincial People's Committee according to Form No. 02 / PLI of the Appendix. This Decree is issued together with this Decree at least 30 days before the intended date of employment of the foreign worker.
Must report the use of foreign workers #
1. Before July 05 and January 7 of the following year, the foreign employer shall make a report on the first 05 months and annually on the use of foreign workers according to Form No. 01 / PLI of the Appendix. I issued together with this Decree. The closing time of the first 6 months of reporting is from December 07 of the year prior to the reporting period to June 6 of the reporting period, the annual closing time of the annual report is from December 15 of the year preceding the period. reported to December 12 of the reporting period.
2. Before July 15 and January 7 of the following year or unexpectedly at request, the Service of Labor, War Invalids and Social Affairs shall report to the Ministry of Labor, War Invalids and Social Affairs on the employee's situation. foreign employees working in their localities according to Form No. 15 / PLI in Appendix I to this Decree. The time for closing the first 01 months and annual report data shall comply with the Government's regulations on reporting regime of state administrative agencies.
FAQ - Frequently asked questions about employing foreigners #
What is a foreign worker moving within an enterprise?
1. Foreign workers moving internally within an enterprise are managers, executive directors, experts and technical workers of a foreign enterprise that has established a commercial presence in the Vietnamese territory. temporarily move within the enterprise to a commercial presence in the territory of Vietnam and have been previously recruited by a foreign enterprise for at least 12 consecutive months.
What is an expat expert?
Experts are foreign workers in one of the following cases:
a) Have a bachelor's degree or higher or equivalent and have at least 3 years of experience working in a specialized training relevant to the job position the foreign worker is expected to work for in Vietnam;
b) Have at least 5 years of experience and practice certificate relevant to the job the foreign worker is expected to work in Vietnam;
c) Special cases decided by the Prime Minister at the request of the Ministry of Labor, War Invalids and Social Affairs.
What is an expat manager?
Manager is a person who manages an enterprise as prescribed in Clause 24, Article 4 of the Law on Enterprises or is the head or deputy of the head of an agency or organization.
What is foreign technical labor?
Technical workers are foreign workers in one of the following cases:
a) Have been trained in a technical discipline or in another discipline for at least 01 year and have worked for at least 03 years in the trained discipline;
b) Have at least 5 years of experience in the job relevant to the job the foreign worker is expected to work for in Vietnam.
What is the commercial presence of foreigners?
Commercial presence includes foreign-invested economic organizations; representative offices and branches of foreign traders in Vietnam; executive office of foreign investors in business cooperation contracts.
What is a foreign worker working in the form of a service offering?
Foreign workers working in the form of service offerings are foreign workers who do not live in Vietnam and do not receive remuneration from any source in Vietnam, participating in activities related to the representation of foreign employees. represent a service provider to negotiate the consumption of that supplier's services, provided that the service is not sold directly to the public and is not directly engaged in providing the service.
Exemption from permits for foreign workers
Article 7.- The case that the foreign worker is not required to be granted a work permit
Apart from the cases specified in Clauses 3, 4, 5, 6, 7 and 8 Article 154 of the Labor Code, foreign workers are not eligible for work permits:
1. Be the owner or capital contributor of a limited liability company with a capital contribution value of 3 billion VND or more.
2. Be the Chairman of the Board of Directors or a member of the Board of Directors of a joint stock company with a capital contribution value of 3 billion VND or more.
3. Intra-business movement within 11 service sectors in Vietnam's schedule of service commitments to the World Trade Organization, including: business, information, construction, distribution, education. , environment, finance, health, tourism, entertainment and culture.
4. Entering Vietnam to provide professional and technical advisory services or to perform other duties for research, development, evaluation, monitoring, evaluation, management and implementation of the chapter projects using official development assistance (ODA) sources according to regulations or agreements in ODA international treaties signed between Vietnamese and foreign competent agencies.
5. To be licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam according to the provisions of law.
6. To be sent to Vietnam by competent foreign agencies or organizations to teach or study at international schools under the management of foreign diplomatic missions or the United Nations; establishments and organizations established under the agreements that Vietnam has signed and acceded to.
7. Volunteers defined in Clause 2, Article 3 of this Decree.
8. Entering Vietnam to work as a manager, executive director, expert or technical employee for a working time of less than 30 days and not more than 03 times a year.
9. Entering Vietnam to implement international agreements signed by agencies or organizations at the central or provincial level according to the provisions of law.
10. Pupils and students studying at overseas schools and training establishments with internship agreements in agencies, organizations and enterprises in Vietnam; trainees and apprentices on Vietnamese ships.
11. Relatives of members of foreign representative missions in Vietnam specified at Point l, Clause 1, Article 2 of this Decree.
12. Having official passports to work for state agencies, political organizations, socio-political organizations.
13. The person responsible for establishing the commercial presence.
14. Foreign workers are admitted by the Ministry of Education and Training to enter Vietnam for teaching and research.
Do I have to apply for a work permit if I am exempt from the permit?
It is not required to apply for a work permit, but must carry out procedures to confirm that the foreign worker is not subject to a work permit.
Dossier to request confirmation of not being eligible for a work permit, including:
a) A written request for certification that the foreign worker is not required to be issued with a work permit using the Form No. 09 / PLI, Appendix I to this Decree;
b) A health certificate or a health certificate as prescribed in Clause 2 Article 9 of this Decree;
c) The written approval of demand for foreign workers, except for cases in which the need to use foreign workers is not determined;
d) A certified copy of the passport which is still valid in accordance with the law;
dd) Documents proving that the foreign worker is not required to be issued a work permit;
e) The papers specified at Points b, c and dd of this Clause are 01 original or certified true copy.If they are foreign, they must be consularly legalized, translated into Vietnamese and authenticated except for exempt from consular legalization under international treaties to which the Socialist Republic of Vietnam and the foreign country concerned are both members or on the principle of reciprocity or according to the provisions of law.
4. Within 05 working days from the date of receipt of a complete application for certification of ineligibility for a work permit, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall have the document certifying that it is not required to be granted a work permit using Form No. 10 / PLI, Appendix I to this Decree. In case of non-confirmation, it will reply in writing, clearly stating the reason.
What is the application file for a foreign work permit?
Article 9. Dossier of application for work permit
1. The employer's written request for a work permit made according to Form No. 11 / PLI, Appendix I to this Decree.
2. A health certificate or health certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for 12 months from the date of signing the health conclusion to the date of submit a dossier or certificate of health as prescribed by the Minister of Health.
3. Judicial record card or document certifying that the foreign worker is not currently serving a penalty or has not had his criminal record removed or is being examined for foreign criminal liability or issued by Vietnam.
Judicial record card or document certifying that the foreign worker is not currently serving a penalty or has not had his criminal record removed or is being examined for penal liability shall not exceed 06 month, from the date of issue to the date of filing.
4. Documents and papers proving that the manager, the executive director, the expert, the technical worker and a number of occupations and jobs are defined as follows:
a) Papers proving that he is a manager or executive director as prescribed in Clauses 4 and 5 Article 3 of this Decree;
b) Papers proving that he / she is an expert or technician as prescribed in Clauses 3 and 6 Article 3 of this Decree, including: diplomas, certificates, written certification of agencies, organizations or enterprises at foreign countries in terms of years of experience of experts and technical workers;
c) Document proving experience of foreign soccer player or certificate of international transfer (ITC) issued to foreign soccer player or Vietnamese Football Federation's document confirming temporary registration or officially for a player of a club belonging to the Vietnam Football Federation;
d) Flight license issued by a competent authority of Vietnam or by a competent authority of a foreign country and recognized by a competent Vietnamese authority for foreign pilots or specialized certificates. subjects permitted to work on aircraft issued by the Ministry of Transport to flight attendants;
dd) Certificate of expertise in aircraft maintenance, issued by a competent Vietnamese authority or by a foreign competent authority and recognized by a competent Vietnamese authority. with foreign workers doing aircraft maintenance;
e) A certificate of professional ability or a certificate of qualification issued by a competent Vietnamese agency to a foreign seafarer;
g) Certificate of high achievement in the field of sports and certified by the Ministry of Culture, Sports and Tourism for sports coaches or having at least one of the qualifications such as: B degree ball coach Football from the Asian Football Federation (AFC) either by the AFC level 1 goalkeeping coach or by the AFC level 1 fitness coach or level 1 indoor football coach (Futsal) of the AFC or any equivalent foreign training qualification recognized by the AFC;
h) Diplomas granted by competent agencies satisfy the requirements on qualifications and standards under the Education Law, the Law on Higher Education, the Law on Vocational Education and the Regulation on organization and operation of foreign language centers , informatics issued by the Minister of Education and Training.
5 color photos (02 cm x 4 cm, white background, straight face, bare head, no colored glasses), taken within 6 months of the date of application.
6. The document approving the need to use foreign workers, except for cases where the need to use foreign workers is not required.
7. A certified copy of the passport is valid in accordance with the law.
8. Documents related to the foreign worker:
a) For foreign workers specified at Point b, Clause 1, Article 2 of this Decree, there must be a document sent by the foreign enterprise to work in the commercial presence of that foreign enterprise in the Vietnamese territory. Man and documents proving that the foreign worker has been recruited by that foreign enterprise at least 12 consecutive months before working in Vietnam;
b) For foreign workers specified at Point c, Clause 1, Article 2 of this Decree, there must be a contract or agreement signed between the Vietnamese partner and the foreign party, in which there must be an agreement on the foreign workers working in Vietnam;
c) For foreign workers specified at Point d, Clause 1, Article 2 of this Decree, there must be a service contract signed between the Vietnamese partner and the foreign partner and a document proving the employee. a foreigner who has worked for a foreign enterprise that has no commercial presence in Vietnam for at least 02 years;
d) For foreign workers specified at Point dd, Clause 1, Article 2 of this Decree, there must be a document of the service provider sending the foreign worker to Vietnam to negotiate on service provision;
dd) For the foreign worker specified at Point e, Clause 1, Article 2 of this Decree, there must be a document of the agency or organization sending the foreign worker to work for the foreign non-governmental organization. international organizations in Vietnam, except for the cases specified at Point a, Clause 1, Article 2 of this Decree and operation licenses of foreign non-governmental organizations and international organizations in Vietnam according to the provisions of law;
e) For the foreign worker specified at Point i, Clause 1, Article 2 of this Decree, there must be a document of the foreign enterprise, agency or organization sending the foreign worker to work in Vietnam. and in accordance with the expected work position.
9. Dossier of application for work permit in some special cases:
a) For foreign workers that have been issued a work permit, which is still valid and wish to work for another employer at the same job position and job title as stated in the permit. Dossier to apply for a new work permit includes: confirmation of the previous employer that the employee is currently working, the papers specified in Clauses 1, 5, 6, 7. , 8 This and a certified copy of work permit has been issued;
b) For foreign workers that have been granted a work permit and are in effect but change the job position or job title or the form of work stated in the work permit as prescribed by law. If the employer is not changed, the dossier of application for a new work permit includes the papers specified in Clauses 1, 4, 5, 6, 7 and 8 of this Article and a work permit or a copy. certified work permit has been issued.
10. Consular legalization, authentication documents:
The papers specified in Clauses 2, 3, 4, 6 and 8 of this Article are 01 original or certified true copy, if they are foreign, they must be consularly legalized, except for cases of legal exemption. consularization under an international treaty to which the Socialist Republic of Vietnam and the foreign country concerned are both a member or on the principle of reciprocity or according to the provisions of law; translated into Vietnamese and authenticated in accordance with Vietnamese law.
How long is the work permit?
The term of a work permit is granted according to the term of one of the following cases but no more than 02 years:
1. The term of the labor contract is expected to be signed.
2. The term of the foreign party to send the foreign worker to work in Vietnam.
3. Term of contract or agreement signed between Vietnamese and foreign partners.
4. The term of a contract or service provision agreement signed between a Vietnamese and foreign partner.
5. The time limit stated in the service supplier's document appointing the foreign worker to enter Vietnam to negotiate on service provision.
6. The term has been determined in the operation license of the agency, organization or enterprise.
7. The time limit in the service provider's written appointment of sending the foreign worker to Vietnam to establish the commercial presence of the service supplier.
8. The time limit in the document proving that the foreign worker is allowed to participate in the activities of a foreign enterprise has established a commercial presence in Vietnam.
The time limit for certifying that the foreign worker is not eligible for a work permit is 02 years and the time limit mentioned above.
Cases of revocation of work permits
Article 20. Cases of revocation of work permits
1. The work permit expires according to the provisions of Clauses 1, 2, 3, 4, 5, 6 and 7, Article 156 of the Labor Code.
2. Employers or foreign workers fail to comply with the provisions of Decree 152/2020/ND-CP on foreign workers.
3. Foreign workers, while working in Vietnam, fail to comply with Vietnamese laws, affecting social security, order and safety.
Pursuant to the law and see more information on recruitment and employment of foreigners here:
Decree 152/2020/ND-CP on foreign workers working in Vietnam #
This Decree provides for recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam.
Guidance of the Department of Labor, War Invalids and Social Affairs of Ho Chi Minh City #
Ho Chi Minh City Department of Labour, Invalids and Social Affairs issued Official Letter 5756/SLDTBXH-VSATLD dated February 26, 02 guiding the implementation of regulations on foreign workers working in Vietnam according to Decree 2021/152/ND-CP.
I. Order of recruitment and employment of foreign workers in Vietnam
1. Determination of demand for foreign workers
- Trughc at least 30 days from the expected date of employment of foreign workers, the employer shall explain the need to employ foreign workers to the labor agency,
In the course of implementation, if there is a change in demand for foreign workers, the employer must report at least 30 days in advance.
2. Confirmation of not being eligible for a work permit/Issuance, re-issuance and extension of work permits (referred to as work permits)
The employer will do one of the following after the labor agency approves the need to employ an employee, specifically:
– Confirmation that the foreign worker is not eligible for a work permit: The employer requests the labor management agency to confirm at least 10 days in advance, from the date the foreign worker starts working.ầu work.
- Issuing work permits: At least 15 days in advance, from the date the foreign worker is expected to start working in Vietnam.
– Extension of work permit: when the work permit has been issued time left?Yesn at least 05 days but not more than 45 days.
– Re-issuance of work permit: when the work permit is still valid, it falls into one of the following cases: lost, damaged or changed full name, nationality, passport number, working location.
– Foreign workers working under a labor contract, after being granted a work permit, the employer and the foreign worker must sign a written labor contract in accordance with the provisions of this Law. Vietnamese labor law before the expected date of employment for the employer
– The employer must send the signed labor contract (original or certified copy) to the competent authority that has issued the contract.Âwork permit.
4. Report on the use of foreign workers
Foreign employers make reports for the first 6 months of the year (before 05/7) and every year (before January 05 of the following year) on the situation of using foreign workersui labor management agency
