Did you know how an expatriate employee to be employed in Vietnam-based companies prior to entering into Vietnam is? Below will outline a comprehensive legal perspective for you to further understand why it is strictly required to do so.
1. The Expatriate Employee Hiring Conditions
The laws of Vietnam do restrict the hiring of foreign employees working in Vietnam. An employer shall only employ foreigners to hold positions of managers, executive directors, specialists, and technical workers the professional requirements for which cannot be met by Vietnamese employees. Further, the duration of a foreign employee’s employment contract must not exceed that of the work permit which is 2 years and may be re-issued upon its expiry.
Specifically, a foreign employee wishing to work in Vietnam must satisfy the following conditions:
a) be at last 18 years of age and have full legal capacity;
b) have qualifications, occupational skills, practical experience, and adequate health as prescribed by the Minister of Health;
c) not be serving a sentence; not have any unspent conviction; not be undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;
d) have a work permit granted by the Vietnamese authority, except for cases where a work permit is exempted .
The procedures for hiring a foreign employee to work for a foreign-invested company are complicated, and the employer and employee are required to go through the following steps:
1) secure a work permit to enable the employee to work in Vietnam;
2) execute a labor contract, unless the employee is seconded by the parent company to work for the Vietnam-based company; in this case, the employee will work under a contractual arrangement with the parent company; and
3) secure a visa to enter Vietnam.
2. The Expatriate Employee Hiring procedures
2.1 The Expatriate Employee Pre-hiring procedures
At least 30 days before the date on which the foreign employee is expected to be employed, the employer (except for a contractor) must determine the demand for foreign workers for every job position for which Vietnamese employees are underqualified and send a corresponding report to the Ministry of Labor, Invalids and Social Affairs or the People’s Committee of the province or central-affiliated city where the foreign employee is expected to work in accordance with the prescribed form, for the authority’s approval (the “Approval”).
Upon securing the Approval, the employer will carry out the procedures for applying for the work permit for the employee.
2.2 Applying for the work permit for the Expatriate Employee
Generally, the work permit must be obtained before the employee arrives to work in Vietnam. An application dossier for the work permit must include:
a) Request form for the work permit in Vietnam;
b) Health certificate (issued no more than 12 months before the date of submission of the work permit application);
c) Criminal records (issued within 180 days), if the applicant has stayed more than 6 months in Vietnam, he/she will also have to provide a criminal record issued by the Vietnamese authority;
d) Certified copy of passport or substitute document;
e) 02 color photos sized 4×6 cm;
f) Certified copy of relevant certificates/degrees;
g) Documents proving the employee is a manager, chief executive officer, expert or technician, as the case may be;
h) The Approval mentioned in 2.1 above;
i) Enterprise Registration Certificate of the employer.
On the face of the law, the work permit will be issued within five working days from the date of receipt of the complete application dossier by the provincial labor department. In practice, this time limit is normally longer and may be prolonged to two weeks or more, depending on a case-by-case basis.
2.3 Obtaining a visa for the Expatriate Employee
Foreign employees entering Vietnam must have a visa and state the purpose and length of their stay in Vietnam before they can be granted entry. A visa may be obtained at a Vietnamese offshore diplomatic mission (e.g., embassy or consulate) or Immigration Office in Vietnam.
In order to obtain a visa to work in Vietnam, there must be an invitation letter issued by the employer inviting the foreign employee to come to Vietnam to work.
In general, the following information/paperwork must be filed with the Immigration Office:
a) Visa application (in standard form);
b) Copy of passport, which must have at least six months of validity remaining, and two 4×6 cm photos of the foreign national;
c) Copies of documents certifying the legal status of the employer and its seal registration certificate;
d) Request for allowing the foreign employee to enter Vietnam; and
e) Power of attorney authorizing the person who applies on behalf of the employer.
Vietnamese consulates abroad may require additional information and documentation, such as a copy of the passport and work permit of the applicant.
A visa fee ranging from USD 25 to USD 50, depending on the type of visa, must be paid.
After obtaining a work permit, a foreign national may apply for a temporary residence card (to replace his/her visa) which enables him/her to stay and work in Vietnam. A temporary residence card can be applied for by foreign employees issued with certain visas by filing an application with the Immigration Office.
An application for a temporary residence card must contain, among other things, a formal request issued by the employer or sponsor of the foreign employee, a copy of the foreign employee’s passport, and copies of the employer’s establishment license.
Should you have any questions, please feel free to contact us at finnnguyen@ivlf-lawyer.com, www.ivlf-lawyer.com |www.facebook.com/IVLFLawyer
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Can you be more specific about the content of your article? After reading it, I still have some doubts. Hope you can help me.
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Pls email me finnnguyen@ivlf-lawyer.com for more info.