The number of foreign skilled workers coming to Vietnam has steadily increased in recent years due to the country’s rapid economic growth. Foreigners have been involved in many fields, including business, trade, education, health care, and the implementation of various development projects, coming from over 100 countries.
Vietnamese law permits the employment of foreign workers in order to work as managers, executive officers, experts, and technicians who meet the professional, management, or technical requirements. Unlike in certain other Asian countries, Vietnamese representative offices are also eligible to hire foreign workers.
To demonstrate the necessity of a foreign employee, 30 days prior to recruiting a foreign worker, the employer must submit a report to the Department of Labour, Invalids and Social Affairs of the province where the foreign employee is expected to work.
Evidence of this announcement must be presented in the application for a work permit for a foreign employee who works in Vietnam for a period of more than three months. However, this is not required for contractors.
When hiring foreign staff in Vietnam, there are a number of procedures and legal frameworks that must be followed.
TYPES OF VISAS
To enter and exit Vietnam, a foreigner needs a visa issued by the Vietnamese Embassy or Consulate in their country or by the Vietnam Immigration Department. Some foreigners from certain ASEAN countries receive a free entry visa to Vietnam that lasts between 15 and 90 days while others are given a visa that is valid for a few months to two years.
However, to work in Vietnam and remain for an extended period, foreigners need to apply for a temporary residence card (TRC) or permanent residence card.
Relevant visa types include:
WORK PERMIT Procedures And Requirements
Foreigners who intend to work in Vietnam for more than three months. This should satisfy the conditions set by the Ministry of Labor, War Invalids and Social Affairs (MOLISA) before the foreign worker commences their employment. Work permit processing times vary from 5 to 7 working days.
Where a work permit is not consulting, a notice must be submitted seven days in advance to the local department of Labor, War Invalids, and Social Affairs about the foreign expert and technical worker being employed for a period of less than 30 days and one occasion in a year. The employer must also be in writing to continue employing the foreign worker.
WORK PERMIT requirements
- Be at least 18 years of age.
- A qualification or skill to satisfy job requirements.
- Not be a person who is serving a sentence or has not had his/her criminal record cleared or is being examined for penal liability in accordance with foreign or Vietnamese laws.
- A work permit may be terminated in the following circumstances:
- The work permit expires.
- Termination of labor contract.
- The company has been established or is operating in Vietnam is not consistent with the work permit granted.
- The company has been dissolved or gone bankrupt.
- Termination of operation of the company, organization, and partners in Vietnam; and
- The work permit has been withdrawn by a competent authority.
The following situations exempt the foreigner from needing a work permit:
- A person who is an owner of a one-member limited liability company.
- A member of the board of a joint-stock company.
- A member of the board of a limited liability company with two or more members.
- A chief representative of a joint stock company, and a board member.
- Individuals who have an in-depth technical or technologically complex situation that could affect production, which Vietnamese experts or technologists cannot handle, are not required to have a work permit.
- Foreign lawyers who are granted a license to practice law in Vietnam.
- Foreigners working for foreign non-governmental organizations or international organizations in Vietnam.
- Foreigners working as volunteers to engage in work that is not for their own benefit, and with a Vietnamese organization.
- Individuals who come to Vietnam to teach and do research in the fields of education, training, information science, construction services, distribution of goods, education service, environment, geology and mining.
- Individuals who come to Vietnam to work as managers, executives, and experts in Vietnam for a short period of less than 30 days and on one occasion.
- Coming to Vietnam to supply consulting services on tasks relating to research, build up, upgrade, and manage technology and projects in the fields of industry, construction, and agriculture.
- Foreigners who come to Vietnam to perform work on contracts, agreements, or assignments for a Vietnamese agency.
- The competent authorities are also issuing circulars regarding work permits. There are other situations where a foreign worker may not need a work permit. However, the employer must meet work permit requirements, departed back to their home countries within 15 days.
Temporary Residence Cards
A temporary residence card is a type of visa that is valid for one year or more, as well as senior management, who can stay in Vietnam for up to five years, depending on their visa and passport.
Permanent Residence Cards
Permanent residence cards are valid for 10 years and are not subject to a visa, and foreign workers may often apply for a permanent residence card (PRC). However, they are subject to the following conditions:
- A person who has been a lawful resident in Vietnam for at least five years, either by the permission of the Government, the Prime Minister, ministries and branches or by having a long-term visa.
- A person who has a permanent residence card issued by a competent authority of a foreign country, and the applicant has a spouse or child who is a Vietnamese citizen and has a permanent residence in Vietnam.
- A person who has a permanent residence card issued by the competent authority of a foreign country and the applicant has a spouse or child who is a Vietnamese citizen and has a permanent residence card in Vietnam.
The processing time typically takes five working days. A PRC holder can stay in Vietnam without a visa and can work without a work permit.