Under Vietnam Law, except for cases in which foreign employee are exempted from work permit, all foreign employee must obtain work permit to be employed in Vietnam.
In order to obtain Work Permit, Employer and Employee must satisfy following requirements:
a. Requirements for the employers:
Article 170, Labor Code 2012, when hiring a foreign employee, the employers need to satisfy the recruitment conditions as follows:
(i) The enterprises, agencies, organizations, individuals and contractors in the country are only entitled to recruit foreign citizen to work as manager, operating director, specialist and technical employee while Vietnamese employee has not meet the production and business demand.
(ii) The foreign enterprises, agencies, organizations, individuals and contractors before recruiting employees who are foreign citizens to work in the territory of Vietnam must explain the demand for labor employment and be approved in writing from the competent state agency.
b. Requirements for the foreign employees:
According to Decree 102/2013/ND-CP date September 05th, 2013 elaborating some articles of The Labor Code 2012 on foreign workers in Vietnam, the foreign employees need to satisfy the following requirements:
(i) The worker is capable of civil acts as prescribed by law.
(ii) The worker’s health is suitable for his or her job.
(iii)The worker is a manager, executive officer, expert, or technician.
(iv) The foreign workers that provide medical examination, medical treatment in Vietnam, or work in education and vocational training must meet the conditions for provision of medical examination, medical treatment, education and vocational training of Vietnam’s law.
(v) The worker is not a criminal or liable to criminal prosecution according to Vietnam’s law and the foreign country’s law.
(vi) The employment of the foreign worker is approved in writing by a competent authority.
