Can foreign workers without work permits in Vietnam work?

1. Conditions for foreign workers working in Vietnam

Based on Article 151 of the 2019 Labor Code, the conditions for foreign workers working in Vietnam are as follows:

Conditions for foreign workers working in Vietnam

1. Foreign workers working in Vietnam are individuals who are foreign nationals and must meet the following conditions:

a) At least 18 years old and fully capable of civil acts;

b) Have professional qualifications, skills, experience, and health as required by the Ministry of Health;

c) Not serving a sentence, have not had their criminal record expunged, or are under investigation for criminal responsibility under the laws of a foreign country or Vietnam;

d) Have a work permit issued by the competent authority of Vietnam, except as provided in Article 154 of this Code.

2. The term of the labor contract for foreign workers working in Vietnam shall not exceed the term of the Work Permit. When employing foreign workers in Vietnam, the parties may agree to enter into numerous fixed-term labor contracts.

3. Foreign workers working in Vietnam must comply with Vietnamese labor laws and are protected by Vietnamese laws, except for international conventions of which the Socialist Republic of Vietnam is a member that have different provisions.

2. Foreign workers working in Vietnam not subject to work permits

According to Article 154 of the 2019 Labor Code, the following individuals are not subject to work permits when working in Vietnam:

1. Owners or capital-contributing members of limited liability companies within the value prescribed by the government.

2. Chairpersons or members of the Board of Directors of joint-stock companies within the value prescribed by the government.

3. Head of representative offices, projects, or those responsible for the activities of international organizations, non-governmental organizations in Vietnam.

4. Those entering Vietnam for under 03 months to conduct service marketing.

5. Those entering Vietnam for under 03 months to handle emergencies, technical situations, complex technology issues that affect or may affect production and business that Vietnamese experts and foreign experts currently in Vietnam cannot handle.

6. Foreign lawyers issued a practicing certificate in Vietnam in accordance with the Lawyer Law.

7. Cases according to international conventions of which the Socialist Republic of Vietnam is a member.

8. Foreigners married to Vietnamese and living in Vietnam.

9. Other cases as prescribed by the government.

According to regulations, employers can only use foreign workers in cases exempt from work permits or foreign workers with work permits issued by the competent authority of Vietnam.