Regulations on foreign workers you need to know before working in Vietnam

With a booming economy and attractive investment environment, Vietnam has become an ideal destination for foreign workers looking for work opportunities and career development. The diversity of industries, along with a diverse culture and friendly business environment, has attracted a growing number of foreign experts and workers here. However, to fully take advantage of this opportunity, understanding and complying with labor regulations in Vietnam cannot be overlooked. This not only ensures the rights of workers but also helps create a professional and sustainable working environment.

What conditions must foreign workers come to Vietnam to meet according to regulations? 

Foreign workers coming to Vietnam to work need to comply with a number of specific conditions as prescribed by law. According to Article 151 of the 2019 Labor Code, foreign workers working in Vietnam must meet certain requirements. Specifically:

- Be 18 years old or older and have full civil capacity.

- Have professional qualifications, techniques, skills, work experience, and be in good health according to regulations of the Minister of Health.

- Not a person who is serving a sentence or has not had a criminal record erased or is being prosecuted for criminal liability according to foreign or Vietnamese law.

- Have a work permit issued by a competent Vietnamese state agency, except in cases not subject to licensing.

These conditions are established to ensure that foreign workers coming to work in Vietnam meet basic requirements and ensure professionalism and efficiency in their work in accordance with current laws. .

How should foreign workers working in Vietnam without a work permit be handled?

Article 153 of the 2019 Labor Code stipulates that foreign workers working in Vietnam without a work permit will face forced exit or expulsion from the country.

Therefore, in cases where they are not exempt from work permit issuance, foreign workers in Vietnam must have a work permit. If they continue to work for a business or contractor in Vietnam without a license, they may face the risk of forced exit or deportation from Vietnam. This emphasizes the importance of complying with labor laws for foreigners working in Vietnam and aims to protect both their rights and ensure fairness and compliance with the law in their employment. working environment.

When do foreign workers work in Vietnam but do not need a work permit?

Article 154 of the 2019 Labor Code stipulates that foreign workers working in Vietnam are not subject to work permits in the following cases:

“1. Be an owner or capital contributing member of a limited liability company with capital contribution value according to Government regulations.

2. Be the Chairman of the Board of Directors or a member of the Board of Directors of a joint stock company with capital contribution value according to Government regulations.

3. Be the Head of a representative office, project or have main responsibility for the activities of international organizations and foreign non-governmental organizations in Vietnam.

4. Enter Vietnam for less than 3 months to offer services.

5. Entering Vietnam for a period of less than 03 months to handle incidents or complex technical and technological situations that affect or threaten to affect production and business that Vietnamese experts and Foreign experts currently in Vietnam cannot handle it.

6. Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers.

7. In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member.

8. Foreigners marry Vietnamese and live in Vietnamese territory.