Vietnam has become an attractive destination for foreigner investors due to the impressive development of socio – economic in recent years. This is such a good opportunity for Vietnamese enterprises to get cooperation in business with foreign partners.
To take advantage of the opportunities to be the pioneer and
market share, many of them have demand in employees with good skills and
qualifications. To meet these requirements, more and more companies hire
foreign workers for specific positions which might lack of human resources
within Vietnam territory.
According to Labor Code 2019, the employer wishing to recruit the
foreign workers has to explain their labor demand to the People’s Committee of
provinces and obtain written approval from this agency. Pursuant to this
written approval, the employer shall submit the application for the work permit
to the Department of Labor, War Invalids and Social Affairs of the province
where the planned working place of such foreign workers is located.
A foreign employee means a person who has a foreign nationality
and:
- Is at last
18 years of age and has full legal capacity;
- Has
qualifications, occupational skills, practical experience and adequate
health as prescribed by the Minister of Health;
- Is not
serving a sentence; does not have an unspent conviction; is not undergoing
criminal prosecution under his/her home country’s law or Vietnam’s law;
- Possessing a
work permit granted by a competent Vietnamese state agency, except the
cases specified in Labor Code.
Therefore, based on regulations of the Labor Code of Vietnam,
except for the foreign employees exempted from work permit i.e. investor of
company established in Vietnam, all of cases the foreign employees wishing to
work in Vietnam shall be subject to work permit application. A foreign employee
shall produce his/her work permit in
Vietnam when carrying out immigration procedures or upon
request of a competent state agency.
In case foreign employees who do not belong to work permit
exemption being found working in Vietnam without work permit, that person shall
be considered violation of the law of Vietnam. In addition, the employer that
uses the violated employee without work permit shall be punished accordingly.
According to Decree No. 28/2020/ND-CP dated March 1, 2020 on
administrative penalties for violations arising from labor, social insurance
and sending Vietnamese workers abroad under contracts.
i) Foreign
employee that working without work permits, except for the cases in which the
work permit is exempt shall be expelled.
ii) Employers who
employ foreign workers in Vietnam without work permits or written confirmations
of their exemption from work permit requirements, or employs foreign workers
holding expired work permits or written confirmations of exemption from work
permit requirements shall be implied:
+ A fine from VND
30,000,000 to VND 45,000,000 if the violation involves 01 – 10 workers;
+ A fine From VND
45,000,000 to VND 60,000,000 if the violation involves 11 – 20 workers;
+ A fine From VND
60,000,000 to VND 75,000,000 if the violation involves 21 or more workers.
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