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In the context of global economic integration, international migration is a concern for many countries. The Vietnamese labor market has also become more flexible and diverse.
The number of foreign workers coming to Vietnam has been increasing rapidly in recent years. However, not all foreign workers and employers of foreign workers fully understand the legal regulations on employment, recruitment, and labor management. And so, Quan Lieu Service would like to share with you an article on the regulations on the conditions for the recruitment and employment of foreign workers in Vietnam.
1. Legal basis for foreign workers:
- Labor Code 2019 issued on November 20, 2019
- Decree 152/2020/ND-CP issued on December 30, 2020
- Decree 28/2020/ND-CP issued on March 01, 2020
2. Conditions for foreign workers to work in Vietnam
Article 151 of the Labor Code 2019 stipulates the conditions for foreign workers to work in Vietnam as follows:
Therefore, when your company hires foreign workers to work in Vietnam, firstly, the foreign workers must meet specific conditions, including:
- Be over 18 years old and have full civil act capacity
- Have professional qualifications and suitable work experience
- Ensure good medical contitions to work in accordance with the regulations of the Ministry of Health
- Not currently serving a sentence or having a criminal record that has not been expunged or being pursued criminal responsibility in accordance with Vietnamese law or foreign law
- Have a work permit issued by a competent authority in Vietnam.
3. Recruitment conditions and use of foreign workers by enterprises in Vietnam
To ensure stability in the labor market, labor laws have detailed regulations on this issue. In recent years, the number of foreign workers coming to work in Vietnam has increased, but not all businesses using foreign workers are aware of the legal requirements for the conditions that must be met when employing foreign workers. Therefore, if your business uses foreign workers, please note the following conditions:
- Article 152 of the 2019 Labor Code stipulates the conditions for the recruitment and use of foreign workers in Vietnam as follows:
“1. Enterprises, agencies, organizations, individuals, and contractors are only allowed to recruit foreign workers for managerial, executive, professional, and technical positions that Vietnamese workers are not able to meet the needs of production and business.
2.Enterprises, agencies, organizations, and individuals must provide justification for the need to employ foreign workers and receive written approval from the competent state agency before recruiting foreign workers to work in Vietnam.
3. Contractors must specify the specific positions, professional qualifications, technical skills, work experience, and work hours required to use foreign workers to implement the bidding package and receive written approval from the competent state agency before recruiting and using foreign workers to work in Vietnam.”
Article 4 of Decree 152/2020 stipulates the determination of the demand for foreign labor as follows:
Therefore, if your company needs to recruit foreign workers, please note:
- Foreign workers can only be recruited for managerial, executive, specialized, and technical positions that Vietnamese workers cannot fulfill according to production and business needs.
- The company must justify the demand for foreign workers and obtain approval in writing from the competent state agency before recruiting foreign workers.
4. Administrative penalties for violations of regulations on foreign workers in Vietnam
Article 31 of Decree No. 28/2020/ND-CP provides the following penalties for violations of regulations on foreign workers in Vietnam:
Foreign workers who work in Vietnam without a work permit or confirmation document not subject to work permit issuance will be deported from Vietnam if they violate the provisions of Clause 3 of this Article.”
5. Therefore, the responsibilities of foreign labor users and foreign workers should remember the following:
- Employers who use foreign labor without obtaining a work permit or a certificate of exemption from work permit issuance according to regulations will be subject to administrative penalties.
- Before recruiting and employing foreign workers, the foreign labor user must explain the need for labor and obtain approval in writing from the competent state agency.
- Foreign workers must present their work permits when requested by the competent state agency.
- Foreign workers who work in Vietnam without a work permit will be required to leave the country or be deported according to the laws on immigration, emigration, transit, and residence of foreign nationals in Vietnam.
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