Vietnam Labor Code in force from 2021

Coming into force from the beginning of 2021, the Code prescribes labor standards; rights, obligations and responsibilities of employees, employers, grassroots-level employees’ representative organizations, and employers’ representative organizations in industrial relations and other relations directly associated with industrial relations; and state management of labor.

Compared to the 2012 Code, the Code has significant changes to meet new requirements of management of the labor market and international integration.

Foreign workers in Vietnam

If wishing to work in Vietnam, foreigners must be at least full 18 years and meet other conditions specified in Article 151 of the Code.

Under Article 152 of the Code, enterprises, agencies, organizations, individuals and contractors may only recruit foreigners in such positions as managers, executive officers, experts and technical workers in which Vietnamese employees are still unable to fulfill production and business requirements. Before recruiting foreigners to work in Vietnam, such entities must explain their labor demands and obtain written approvals from competent agencies. Particularly, contractors have to declare working positions, professional and technical qualifications, working experience, and working time for foreigners to be employed for execution of bidding packages, and obtain written approvals from competent agencies.

The validity duration of a work permit must not exceed two years and may be extended only once for another two years at most. Foreign workers in Vietnam must produce their work permits upon request of competent state agencies.

The term of the labor contract of a foreign worker in Vietnam must not exceed the term of his work permit. When the employer employs a foreign worker to work in Vietnam, the two parties may reach agreement on the entry into definite-term labor contracts for multiple times.

The Code also lists in Article 154 cases in which foreigners working in Vietnam are exempt from work permit.

Conditions, order and procedures for grant, re-grant, extension, and revocation of work permits and work permit exemption certificates for foreign workers in Vietnam will be specified by the Government.
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