[4 min read]
The previous article provided an overview of the local labor force in Vietnam and labor law. Regarding foreign labor, according to Article 3, Decree 11/2016/NĐ-CP, the current labor law of Vietnam only allows foreign workers to work in four positions for which Vietnamese hires do not meet the requirements, including experts, executives, technical workers and managers.
As Vietnam has participated in some crucial free-trade agreements such as EVFTA and CPTPP, the wave of foreigners coming to Vietnam for work will continue to grow in the future. Foreign labor in Vietnam mostly works as contracting labor, intra-company transferred labor, assigned labor by headquarters, or labor dealing with commercial contracts.
Enterprises or institutions must submit detailed reports to the People’s Committee of the province where the foreign employees will work explaining their need for foreign workers for each position in which Vietnamese workers have yet to meet the requirements. Subsequently, the provincial People’s Committee will issue approval documents for the vacancies.
Businesses recruiting foreign workers should pay attention to cases in which employees are exempt from obtain work permit. According to point e, Clause 2, Article 7 of Decree 11/2016/ NĐ-CP, these cases can be listed as working in Vietnam for less than three months, coming to Vietnam for product and service marketing, coming to Vietnam for less than three months to deal with emergency or complex situations in which Vietnamese or local foreign experts are currently not able to solve, and professional licensed lawyers according.
For efficient labor management as well to enhance the development of the economy to meet the trend of worldwide free labor, Vietnam is currently offering flexible policies in order to maintain the harmony between the Government, businesses and labor.
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