VI With its policy of deep international integration and attracting foreign investment, Vietnam is increasingly becoming an attractive destination for international experts and workers. However, for foreign workers to be able to work legally in Vietnam, they must fully meet the conditions stipulated by current law. Having a firm grasp of these regulations not only helps workers protect their legitimate rights but also assists businesses in complying with the law, avoiding unnecessary legal risks. Let’s explore these key conditions with Pham Consult to ensure a smooth and lawful journey for foreign workers in Vietnam.
- Conditions for foreign workers to work in Vietnam
According to Article 151 of the 2019 Labor Code, foreign workers in Vietnam must be foreign nationals who meet the following conditions:
(i) They must be 18 years of age or older and have full civil capacity.
(ii) They must have the professional qualifications, technical skills, and work experience required, and be in good health as prescribed by the Minister of Health.
(iii) They must not be serving a sentence, have a criminal record that has not been expunged, or be subject to criminal prosecution under foreign or Vietnamese law.
(iv) They must have a work permit issued by a competent Vietnamese state agency, except in cases where foreign workers are not required to have a work permit as specified in Article 154 of the 2019 Labor Code.
In addition to the above conditions, foreign workers in Vietnam must comply with Vietnamese labor law and are protected by it, unless an international treaty to which the Socialist Republic of Vietnam is a member has different provisions.
- Forms of employment for foreign workers in Vietnam
The forms of employment for foreign workers in Vietnam are regulated in Article 2 of the Government’s Decree No. 219/2025/ND-CP. Accordingly, foreign workers will enter Vietnam to work under one of the following forms:
– Executing a labor contract. Note: The term of a labor contract for a foreign worker in Vietnam must not exceed the term of the Work Permit. When employing a foreign worker, the two parties may agree to sign multiple fixed-term labor contracts.
– Intra-corporate transferees.
– Executing economic or social contracts or agreements.
– Contracted service providers.
– Offering services.
– Volunteers.
– Individuals responsible for establishing a commercial presence.
– Transferred from a foreign agency, organization, or enterprise to work in Vietnam, except for intra-corporate transferees.
– Participating in implementing bids or projects in Vietnam.
– Family members of members of foreign representative agencies in Vietnam who are permitted to work in Vietnam as stipulated by international treaties to which the Socialist Republic of Vietnam is a member.
– Chairpersons of the Board of Directors, members of the Board of Directors of a joint-stock company, or owners, members of a limited liability company with a contributed capital value of less than 3 billion VND.
– Executing a labor contract with a foreign diplomatic mission or a foreign organization in Vietnam.
- Conditions for recruiting and employing foreign workers in Vietnam
Enterprises, agencies, organizations, individuals, and contractors are only allowed to recruit foreign workers for management, executive, expert, and technical positions that Vietnamese workers cannot fulfill due to production and business needs. Specifically, the positions that foreign workers can be employed in are as follows:
– Managers are defined as enterprise managers according to Clause 24, Article 4 of the Enterprise Law, or as the head or deputy head of an agency or organization as stipulated by law.
– Executive Directors are one of the following:
+ The head of a branch, representative office, or business location of an enterprise.
+ The head who directly manages a specific field of an agency, organization, or enterprise and has at least 3 years of experience in a field relevant to the position the foreign worker is expected to hold in Vietnam.
– Experts are one of the following:
+ They hold a bachelor’s degree or higher or an equivalent, and have at least 2 years of work experience relevant to the position the foreign worker is expected to hold in Vietnam.
+ They hold a bachelor’s degree or higher in a specialized field and have at least 1 year of relevant experience for the position they are expected to hold in Vietnam, for experts working in finance, science, technology, innovation, national digital transformation, or socio-economic development priority fields identified by ministries, ministerial-level agencies, or provincial People’s Committees, or under a cooperation agreement with the Government of Vietnam.
– Technical Workers are one of the following:
+ They have at least 1 year of training and at least 2 years of relevant experience for the position the foreign worker is expected to hold in Vietnam.
+ They have at least 3 years of work experience relevant to the position the foreign worker is expected to hold in Vietnam.
According to Article 152 of the 2019 Labor Code, before recruiting a foreign worker, enterprises, agencies, organizations, and individuals must explain the need for foreign labor and obtain written approval from a competent state agency. Before recruiting and employing foreign workers, contractors must specifically declare the positions, professional qualifications, technical skills, work experience, and duration of employment needed to perform a project and obtain written approval from a competent state agency.
- Responsibilities of employers and foreign workers
Foreign workers must present their work permits upon request by a competent state agency. Foreign workers in Vietnam without a work permit will be forced to leave or be deported according to the law on entry, exit, transit, and residence of foreigners in Vietnam.
Employers who use foreign workers without a work permit will be handled according to legal regulations.
