The government has issued Decree 152/2020/ND-CP on foreign workers working in Vietnam and the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.This Decree regulates foreign workers working in Vietnam and takes effect from February 15, 2021.
Below are guidelines on recruiting, managing, obtaining work permits for foreigners, and reporting on foreign workers in Vietnam.
1. Foreign citizens are permitted to work in Vietnam in the following forms:
a) Fulfilling the employment contract;
b) Internal transfers within the company;
c) To execute contracts or agreements related to economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training, and healthcare;
d) Contracted service providers;
e) Offering services for sale;
f) Working for a foreign non-governmental organization or an international organization operating in Vietnam in accordance with Vietnamese law;
g) Volunteers;
h) The person responsible for establishing the commercial presence;
i) Managers, executives, experts, and technical workers;
j) Participating in the implementation of contracts and projects in Vietnam;
k) Relatives of members of foreign diplomatic missions in Vietnam are permitted to work in Vietnam in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a party.
2. Persons authorized to employ foreign workers
a) Enterprises operating under the Enterprise Law, the Investment Law, or international treaties to which the Socialist Republic of Vietnam is a signatory;
b) The contractor participates in the bidding process and executes the contract;
c) Representative offices and branches of enterprises, agencies, and organizations that have been licensed to be established by competent authorities;
d) State agencies, political organizations, socio-political organizations, socio-professional organizations, social organizations, and socio-professional organizations;
e) Foreign non-governmental organizations that have been granted registration certificates by competent Vietnamese authorities in accordance with Vietnamese law;
f) Non-profit organizations and educational institutions established in accordance with the law;
g) International organizations, offices of foreign projects in Vietnam; agencies and organizations established and operating in accordance with the law, as permitted by the Government, the Prime Minister, ministries, and sectors;
h) The executive office of a foreign investor in a business cooperation contract or of a foreign contractor is registered to operate in accordance with the law;
i) To establish a law firm in Vietnam in accordance with the law;
j) Cooperatives and cooperative unions established and operating in accordance with the Law on Cooperatives;
k) Household businesses and individuals permitted to conduct business activities in accordance with the law.
3. The need for employing foreign workers must be identified and approved before any new foreign workers can be recruited.
At least 30 days before the expected date of employing foreign workers, the employer (excluding contractors) is responsible for determining the need for foreign workers for each job position that Vietnamese workers cannot fill and submitting a report explaining the need to the Ministry of Labour, Invalids and Social Affairs or the People's Committee of the province or centrally-administered city (hereinafter referred to as the Provincial People's Committee) where the foreign workers are expected to work, using Form No. 01/PLI in Appendix I issued with this Decree.
During the implementation process, if there is a change in the need to employ foreign workers, the employer must report to the Ministry of Labour, Invalids and Social Affairs or the People's Committee of the province using Form No. 02/PLI, Appendix I, issued with this Decree, at least 30 days before the expected date of employing foreign workers.
4. The employment of foreign workers must be reported.
1. Before July 5th and January 5th of the following year, foreign employers shall report on the employment of foreign workers for the first six months and annually according to Form No. 07/PLI, Appendix I, issued with this Decree. The deadline for reporting the first six months is from December 15th of the previous year to June 14th of the reporting period, and the deadline for reporting the annual report is from December 15th of the previous year to December 14th of the reporting period.
2. Before July 15th and January 15th of the following year, or on an ad hoc basis as requested, the Department of Labor, War Invalids and Social Affairs is responsible for reporting to the Ministry of Labor, War Invalids and Social Affairs on the situation of foreign workers working in the area according to Form No. 08/PLI, Appendix I issued with this Decree. The deadline for finalizing the data for the first six months of the year and annually shall be in accordance with the Government's regulations on the reporting regime of state administrative agencies.
5. FAQ - Frequently Asked Questions about the Employment of Foreign Workers in Vietnam 2021
1. Foreign workers who are transferred within a company are managers, executives, experts, and technical workers of a foreign enterprise that has established a commercial presence in Vietnam, who are temporarily transferred within the company to the commercial presence in Vietnam, and who have been employed by the foreign enterprise for at least 12 consecutive months prior to the transfer.
Experts are foreign workers who fall into one of the following categories:
a) Possess a university degree or equivalent and have at least 3 years of work experience in a field of study relevant to the job position the foreign worker intends to work in Vietnam;
b) Have at least 5 years of experience and a professional certificate relevant to the job position that the foreign worker intends to work in Vietnam;
c) Special cases decided by the Prime Minister upon the proposal of the Ministry of Labour, Invalids and Social Affairs.
A manager is a person who manages a business as defined in Clause 24, Article 4 of the Enterprise Law, or is the head or deputy head of an agency or organization.
Technical workers are foreign workers who fall into one of the following categories:
a) Having received at least one year of training in a technical or other specialized field and having worked for at least three years in the field of training;
b) Have at least 5 years of experience in a job relevant to the position the foreign worker intends to hold in Vietnam.
Commercial presence includes economic organizations with foreign investment; representative offices and branches of foreign traders in Vietnam; and executive offices of foreign investors in business cooperation contracts.
Foreign workers employed under the service sales arrangement are foreign workers who do not reside in Vietnam and do not receive remuneration from any source in Vietnam, participating in activities related to representing a service provider to negotiate the sale of that provider's services, provided they do not directly sell those services to the public and do not directly participate in providing the services.
Article 7. Cases where foreign workers are not required to obtain a work permit.
In addition to the cases stipulated in Clauses 3, 4, 5, 6, 7, and 8 of Article 154 of the Labor Code, foreign workers are not subject to the requirement of obtaining a work permit:
1. Being the owner or contributing member of a limited liability company with a capital contribution value of 3 billion VND or more.
2. Being 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. Movement within enterprises in the scope of 11 service sectors in Vietnam's service commitments schedule with the World Trade Organization, including: business, information, construction, distribution, education, environment, finance, health, tourism, culture and entertainment, and transport.
4. Entering Vietnam to provide professional and technical consulting services or perform other tasks serving the research, development, appraisal, monitoring, evaluation, management, and implementation of programs and projects using official development assistance (ODA) funds as stipulated or agreed upon in international treaties on ODA signed between competent authorities of Vietnam and foreign countries.
5. Licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam in accordance with the law.
6. Those sent to Vietnam by competent foreign agencies or organizations to teach or conduct research at international schools under the management of foreign diplomatic missions or the United Nations; or at institutions and organizations established under agreements that Vietnam has signed or participated in.
7. Volunteers as stipulated in Clause 2, Article 3 of this Decree.
8. Entering Vietnam to work in managerial, executive, expert, or technical worker positions for a period of less than 30 days and no more than 3 times in one year.
9. Entering Vietnam to implement international agreements signed by central and provincial-level agencies and organizations in accordance with the law.
10. Students studying at schools and training institutions abroad who have internship agreements with agencies, organizations, and businesses in Vietnam; trainees undergoing internships or apprenticeships on Vietnamese ships.
11. Relatives of members of foreign diplomatic missions in Vietnam as stipulated in point l, clause 1, Article 2 of this Decree.
12. Possessing an official passport to work for a state agency, political organization, or socio-political organization.
13. The person responsible for establishing the commercial presence.
14. Foreign workers entering Vietnam for teaching or research purposes are certified by the Ministry of Education and Training.
A work permit is not required, but a procedure must be followed to confirm that the foreign worker is not subject to work permit requirements.
The application for confirmation that the applicant is not subject to the work permit requirement includes:
a) A written request for confirmation that the foreign worker is not subject to the requirement of obtaining a work permit, using Form No. 09/PLI in Appendix I issued with this Decree;
b) A health certificate or medical examination report as prescribed in Clause 2, Article 9 of this Decree;
c) Written approval of the need to employ foreign workers, except in cases where the need to employ foreign workers does not need to be determined;
d) A certified copy of a passport that is still valid according to the law;
d) Documents to prove that the foreign worker is not subject to the requirement of obtaining a work permit;
e) The documents specified in points b, c, and d of this clause must be one original or certified copy; if from a foreign country, they must be consular legalized, translated into Vietnamese, and certified, except in cases where consular legalization is waived according to an international treaty to which the Socialist Republic of Vietnam and the relevant foreign country are both signatories, or according to the principle of reciprocity, or as stipulated by law.
4. Within 05 working days from the date of receiving a complete application for confirmation that the applicant is not subject to the labor permit requirement, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall issue a written confirmation of non-obligation to obtain a labor permit, using Form No. 10/PLI in Appendix I attached to this Decree. If confirmation is not granted, a written response stating the reasons shall be provided.
Article 9. Application dossier for a work permit
1. The employer's application for a work permit must be in accordance with Form No. 11/PLI, Appendix I, issued together with this Decree.
2. A health certificate or medical examination report issued by a competent health authority or organization in a foreign country or in Vietnam is valid for 12 months from the date of the health conclusion to the date of submission of the application or certificate confirming sufficient health as prescribed by the Minister of Health.
3. A criminal record certificate or document confirming that the foreign worker is not currently serving a sentence, has not had their criminal record expunged, or is not currently under criminal investigation by a foreign country or by Vietnam.
The criminal record certificate or document confirming that the foreign worker is not currently serving a sentence, has not had their criminal record expunged, or is not currently under criminal investigation must be issued no more than 06 months prior to the date of application submission.
4. Documents proving that the applicant is a manager, executive director, expert, technical worker, or holds certain other professions or jobs as specified below:
a) Documents proving that the applicant is a manager or executive director as stipulated in Clauses 4 and 5 of Article 3 of this Decree;
b) Documents proving that the applicant is a specialist or technical worker as stipulated in Clauses 3 and 6 of Article 3 of this Decree, including: diplomas, certificates, and confirmation documents from agencies, organizations, or enterprises abroad regarding the number of years of experience of the specialist or technical worker;
c) Documents proving the experience of a foreign football player or an International Transfer Certificate (ITC) issued to a foreign football player, or a document from the Vietnam Football Federation confirming the temporary or official registration of the player by a club belonging to the Vietnam Football Federation;
d) A pilot's license issued by a competent authority of Vietnam or by a competent authority of a foreign country and recognized by a competent authority of Vietnam for foreign pilots, or a professional certificate allowing work on aircraft issued by the Ministry of Transport for flight attendants;
e) A certificate of professional qualifications in the field of aircraft maintenance issued by a competent authority of Vietnam or by a competent authority of a foreign country and recognized by a competent authority of Vietnam for foreign workers performing aircraft maintenance work;
f) Certificate of professional competence or recognition of professional competence certificate issued by a competent authority of Vietnam to foreign seafarers;
g) A certificate of high achievement in the field of sports, certified by the Ministry of Culture, Sports and Tourism, for sports coaches, or at least one of the following qualifications: AFC Football Coaching Certificate B, AFC Goalkeeper Coaching Certificate Level 1, AFC Fitness Coaching Certificate Level 1, AFC Futsal Coaching Certificate Level 1, or any equivalent foreign coaching qualification recognized by the AFC;
h) Diplomas issued by competent authorities that meet the requirements for qualifications and standards as stipulated in the Law on Education, the Law on Higher Education, the Law on Vocational Education, and the Regulations on the Organization and Operation of Foreign Language and Information Technology Centers issued by the Minister of Education and Training.
5. Two color photographs (4 cm x 6 cm in size, white background, face looking straight ahead, head uncovered, no colored glasses), taken no more than 6 months prior to the application submission date.
6. Written approval of the need to employ foreign workers, except in cases where the need to employ foreign workers does not need to be determined.
7. A certified copy of a passport that is still valid according to the law.
8. Documents related to foreign workers:
a) For foreign workers as stipulated in point b, clause 1, Article 2 of this Decree, there must be a document from the foreign enterprise assigning them to work at the foreign enterprise's commercial presence in Vietnam, and a document proving that the foreign worker has been employed by that foreign enterprise for at least 12 consecutive months before working in Vietnam;
b) For foreign workers as stipulated in point c, clause 1, Article 2 of this Decree, there must be a contract or agreement signed between the Vietnamese and foreign partners, which must include an agreement on the foreign worker's employment in Vietnam;
c) For foreign workers as stipulated in point d, clause 1, Article 2 of this Decree, there must be a service contract signed between the Vietnamese and foreign partners, and documentation proving that the foreign worker has worked for a foreign enterprise without a commercial presence in Vietnam for at least two years;
d) For foreign workers as stipulated in point d, clause 1, Article 2 of this Decree, there must be a document from the service provider sending the foreign worker to Vietnam to negotiate the provision of services;
e) For foreign workers as stipulated in point e, clause 1, Article 2 of this Decree, there must be a document from the agency or organization sending the foreign worker to work for a foreign non-governmental organization or international organization in Vietnam, except for the cases stipulated in point a, clause 1, Article 2 of this Decree, and the operating license of the foreign non-governmental organization or international organization in Vietnam as prescribed by law;
f) For foreign workers as stipulated in point i, clause 1, Article 2 of this Decree, there must be a document from the foreign enterprise, agency, or organization sending the foreign worker to work in Vietnam, and the work must be in accordance with the intended position.
9. Application dossier for work permits in certain special cases:
a) For foreign workers who have been granted a valid work permit and wish to work for a different employer in the same position and job title as stated in the work permit, the application for a new work permit shall include: a confirmation letter from the previous employer stating that the worker is currently employed, the documents specified in clauses 1, 5, 6, 7, and 8 of this Article, and a certified copy of the previously issued work permit;
b) For foreign workers who have been granted a valid work permit and change their job position, job title, or form of work as stated in the work permit in accordance with the law, but without changing the employer, the application for a new work permit shall include the documents specified in clauses 1, 4, 5, 6, 7, and 8 of this Article, and the work permit or a certified copy of the previously issued work permit.
10. Consular legalization and authentication of documents:
The documents stipulated in Clauses 2, 3, 4, 6, and 8 of this Article must be one original or certified copy; if from a foreign country, they must be legalized by consular authorities, except in cases where consular legalization is waived according to international treaties to which the Socialist Republic of Vietnam and the relevant foreign country are both parties, or according to the principle of reciprocity, or as prescribed by law; they must be translated into Vietnamese and certified according to Vietnamese law.
The validity period of the work permit is granted according to the duration of one of the following cases, but not more than 02 years:
1. The expected duration of the employment contract.
2. The duration of the contract for foreign workers sent to work in Vietnam by the foreign party.
3. The term of the contract or agreement signed between the Vietnamese and foreign partners.
4. The term of the contract or service agreement signed between the Vietnamese and foreign partners.
5. The timeframe stated in the document from the service provider sending foreign workers to Vietnam for service negotiations.
6. The duration is specified in the operating license of the agency, organization, or enterprise.
7. The time limit specified in the document from the service provider sending foreign workers to Vietnam to establish a commercial presence of that service provider.
8. The validity period specified in the document proving that a foreign worker is permitted to participate in the activities of a foreign enterprise that has established a commercial presence in Vietnam.
The maximum validity period for confirming that a foreign worker is not subject to the work permit requirement is 02 years, subject to the time limits mentioned above.
Article 20. Cases of revocation of work permits
1. The work permit expires in accordance with Clauses 1, 2, 3, 4, 5, 6 and 7 of Article 156 of the Labor Code.
2. Employers or foreign workers fail to comply with the regulations in Decree 152/2020/ND-CP on foreign labor.
3. Foreign workers, while working in Vietnam, fail to comply with Vietnamese law, affecting security, order, and social safety.
For legal basis and other information regarding the recruitment and employment of foreign workers, please see here: Decree 152/2020/ND-CP on foreign workers working in Vietnam
6. Guidelines from the Ho Chi Minh City Department of Labor, War Invalids and Social Affairs
The Ho Chi Minh City Department of Labor, War Invalids and Social Affairs issued Official Letter 5756/SLĐTBXH-VSATLĐ dated February 26, 2021, providing guidance on the implementation of regulations concerning foreign workers in Vietnam according to Decree 152/2020/NĐ-CP.
The following is the procedure for recruiting and employing foreign workers in Vietnam.
1. Determine the need for foreign workers.
- TrughAt least 30 days before the expected date of employing foreign workers, the employer must submit a report explaining the need for foreign labor to the labor authority.
– If there are any changes in the need for foreign workers during the implementation process, the employer must report this at least 30 days in advance.
2. Confirmation of exemption from work permit requirements/Issuance, re-issuance, and extension of work permits (hereinafter referred to as work permits)
Employers will implement one of the following actions after their labor needs are approved by the labor authority:
– Confirmation that the foreign worker is not subject to the work permit requirement: The employer must request confirmation from the labor management agency at least 10 days before the foreign worker begins work.ầYou work.
– Issuing work permits: At least 15 days in advance, from the date the foreign worker is expected to start working in Vietnam.
– Renewal of work permit: when the work permit has already been issued. There is still time.Yesat least 05 days but no more than 45 days.
– Reissuing a work permit: when the work permit is still valid but falls under one of the following cases: lost, damaged, or changes to name, nationality, passport number, or workplace.
3. Signing the employment contract
– Foreign workers employed under labor contracts, after being granted a work permit, must have a written labor contract signed between the employer and the foreign worker in accordance with Vietnamese labor law before the expected start date of employment with the employer.
– The employer must submit the signed employment contract (original or certified copy) to the competent authority that issued it.ÂLabor permit.
4. Report on the employment of foreign workers
Foreign employers submit reports for the first six months of the year. (before July 5th) and annually (before January 5th of the following year) Regarding the situation of employing foreign workersui labor management agency.