Legal Guidance: Regulations on foreign workers working in Vietnam

Vietnam is gradually affirming its position as an attractive destination for international investors and professionals thanks to its stable economic growth, improved investment environment and high-quality workforce. To meet the growing demand for international talent and maintain competitiveness in the global arena, the issuance of work permits for foreign workers in Vietnam has become a crucial factor, not only ensuring compliance with legal regulations but also contributing to creating a professional, transparent and effective working environment. However, in practice, various difficulties still persist in the implementation of this procedure, leading to the consequence of having to prolong the implementation period.

Understanding these difficulties, HM&P Law Firm (“HM&P”) compiled and published the publication Legal Guidance to Regulations on Foreign Workers Working in Vietnam (detailed instructions and lastest updates). This publication was compiled with the aim of providing enterprises, investors and foreign workers with a comprehensive overview of legal regulations, required document, processing procedures and important notes in applying for work permits for foreign workers in Vietnam.

This Legal Guidance to Regulations on Foreign Workers Working in Vietnam has been compiled based on HM&P’s extensive experience in practical practice, providing legal services to businesses from privately held companies to some of the most legally compliant listed companies in the market. Therefore, we hope that this will be a necessary and valuable reference source for businesses as well as foreign workers who are and will be working in Vietnam.

For any questions regarding the contents of this document, please contact HM&P using the information provided below:

Our Managing Partner:

Lawyer Nguyen Van Phuc

Phone: 0932 768 630

Email: phuc.nguyen@hmplaw.vn

HM&P Law Firm

Address: 7th Floor, ITAXA Building, 126 Nguyen Thi Minh Khai, Vo Thi Sau Ward, District 3, HCMC

Phone: +84 28 73080839

Email: counsel@hmplaw.vn

Website: hmplaw.vn

• According to regulations, foreign workers working in Vietnam must meet the following conditions:

• Regarding the principles of recruiting foreign workers, enterprises, agencies, organizations and individuals are only allowed to recruit foreign workers to work in management, executive, expert and technical positions that Vietnamese workers cannot meet according to production and business needs.

3.1. Why is a work permit required?

A work permit is a legal document issued by a competent authority in Vietnam to a foreign worker to legally work in Vietnam. The work permit clearly states the foreign worker’s information, including full name, passport number, date of birth, nationality, name and address of the organization where they work, position, title and duration of work in Vietnam.

Having a work permit is not only a mandatory condition but also a basis for protecting the legitimate rights and interests of both employees and employers during the labor process. Except for cases exempted by law, the lack of a work permit will result in foreign workers being considered to be working illegally, subject to administrative sanctions, and employers who illegally employ workers will also be subject to corresponding legal liability. Therefore, a work permit plays an important role as a legal basis to ensure transparency, legality and compliance in the recruitment and employment of foreign workers in Vietnam.

Front of work permit

Back of work permit

3.2. Validity period of work permit

The validity period of a work permit must not exceed 2 years and can only be extended once for a maximum of 02 years. The specific validity period of a work permit depends on each of the following cases, but in no case must it exceed the above term:

• Employment contract expected to be signed.
• Term of sending workers from abroad.
• Contract/ agreement between Vietnamese and foreign partners.
• Service provision contract/ agreement between Vietnamese and foreign partners.
• Document from the service provider on sending workers to Vietnam to negotiate service provision.
• Operating license of related enterprises and organizations.
• Document of the service provider sending foreign workers to Vietnam to establish a commercial presence.
• Document proving that foreign workers join an enterprise with a commercial presence in Vietnam.
• Document approving the use of foreign labor (except for cases exempted from reporting and explaining the need to use foreign labor).

3.3. Cases in which a work permit is invalid

• The work permit expires.
• The employment contract is terminated.
• The contents of the employment contract are inconsistent with the contents of the work permit granted.
• Working not in accordance with the content of the issued work permit.
• The contract that serves as the basis for granting a work permit expires or is terminated.
• Foreign side announced to stop sending workers.
• Enterprises, organizations in Vietnam or foreign organizations in Vietnam using foreign workers cease operations.
• Work permit is revoked.  

Please read more and download the publication (PDF File) here