Foreign Individual working in Viet Nam shall have a Work permit. This is a document granted by the Minister of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs, depending on each specific case. Work permit is also a basis for recognizing that the enterprise is legally using foreign worker. Expenses paid for foreign worker such as salary, allowance, and house rent… shall be considered as reasonable deductible expenses when calculating Corporate Income Tax (CIT) if that worker has a Work permit. Hence, to get a Work permit, What conditions do enterprise and foreign worker need to meet? How is the procedure performed? The following procedures will help enterprise obtain specific answers.

Part 1. Which conditions do Enterprise and a Foreign worker need to meet?

1. Subjects apply for Work permit

Based on the subjects listed below, the enterprise determines whether the foreign individual expects to work at his/her enterprise shall have a Work permit. Specifically, foreign individual comes to work in Vietnam in the following forms:

• Performing the labor contracts;
• Moving in the internal enterprise;
• Performing contracts or agreements on business, commerce, finance, banking, insurance, science and technology, culture, sports, education, profesional education, and health;
• Services provider under contracts;
• Offering services;
• Working for foreign non-governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the law of Vietnam;
• Working as a manager, chief executive officers, experts, technicians;
• Participating in the performing of bid packages and projects in Vietnam.

As for the employer, within the scope relating to business activities in Vietnam, the following organizations are regarded as having the right to guarantee foreign individual to work in Vietnam: Enterprise; Bidders participating in bids and performing contracts; representative office, branch; the executive office of the foreign investor in the business cooperation contract or of the foreign contractor registered to operate in accordance with the law…

2. Conditions in which a Foreign worker shall meet to work in Vietnam

As for foreign worker in addition to the conditions of degrees and qualifications corresponding to the form of work,  foreign worker shall also meet the following conditions:

• Being for full 18 years old or older and having full legal capacity;
• Having professional qualifications, occupational skills, practical experience and adequate health;
• Not serving a sentence, or the criminal record has not been expunged or being examined for penal liability in accordance with foreign or Vietnamese laws;.

In particular, the law also has specific regulations for each position as follows:

As for a foreign worker who works in Vietnam as an expert shall be a worker in one of the following cases:

• Having a bachelor’s degree or equivalent or higher provided that he/she has worked at least 3 years in the training field in corresponding with the job position in which the foreign worker expects to work in Vietnam.
• At least 5 years of working experience and has a practicing certificate in corresponding with the job position in which the foreign worker expects to work in Vietnam;
• Special cases decided by the Prime Minister which makes a decision with the requirement of the Ministry of Labor, War Invalids and Social Affairs.

The manager is the enterprise’s manager in accordance with the Law on Enterprises or the head, or deputy of the head of an agency or organization.

The chief executive is the person who heads and directly manages the subordinate unit under the agency, organization, or enterprise, which is attached to the decision on appointment and verification of experience.

A technical worker is a foreign worker in one of the following cases:

• Having been trained in technical major or others for at least 1 year and has worked for at least 3 years in the training field;
• Having at least 5 years of working experience corresponding with the job position that the foreign worker is expected to work in Vietnam.

Dossiers prepared, time, procedures, as well as documents demonstrated, will have a difference about the subjects of labor as well as the form of working in Vietnam. Therefore, having a thorough grasp of the relevant legal provisions for each case will help enterprise quickly receive worker as well as perform procedure smoothly.

Time of writing: 07/03/2023

The article contains general information that is of reference value. If you want to receive legal opinions on the issues you need clarification on, please get in touch with our Lawyers at info@cdlaf.vn