21Mar

Mar 21 2023

The legal and regulatory framework for foreign workers in Vietnam, including visas, work permits, and labor laws

Vu Le Quynh Giang

Others

This blog discusses the legal and regulatory framework for foreign workers in Vietnam, including the requirements for obtaining a work visa and work permit. The Labor Code of Vietnam, which governs the employment relationship between employers and employees, is also explored. The blog highlights the mandatory social insurance, health insurance, and unemployment insurance for both Vietnamese nationals and foreign workers.

Vietnam is a country that has seen a significant rise in foreign investment over the past few decades. With this increase in investment, there has also been an increase in the number of foreign workers coming to Vietnam. However, the legal and regulatory framework for foreign workers in Vietnam can be complex and difficult to navigate. In this blog, we will explore the various aspects of the legal and regulatory framework for foreign workers in Vietnam, including visas, work permits, and labor laws.

Visas

Foreigners who want to work in Vietnam are required to obtain a work visa. A work visa allows a foreigner to enter Vietnam for the purpose of working. There are two types of work visas in Vietnam:

Short-term work visas: These are valid for up to three months and can be extended for a maximum of six months.

Long-term work visas: These are valid for up to two years and can be extended for a maximum of three years.

In order to obtain a work visa, a foreigner must have a job offer from a Vietnamese company. The company must apply for a work permit on behalf of the foreigner before the foreigner can apply for a work visa.

Work Permits

A work permit is a document that allows a foreigner to work in Vietnam legally. In order to obtain a work permit, the foreigner must have a job offer from a Vietnamese company. The company must apply for a work permit on behalf of the foreigner. The following documents are required for a work permit application:

  • A copy of the foreigner's passport.
  • A health certificate issued by a Vietnamese or foreign medical institution.
  • A criminal record certificate issued by a competent authority in the foreigner's home country.
  • A university degree or proof of at least five years of work experience in the field they will be working in.
  • A written certification from the employer stating that the foreigner will be working for them.

Labor Laws

Foreigners who work in Vietnam are subject to the same labor laws as Vietnamese nationals. The Labor Code of Vietnam governs the employment relationship between employers and employees. The Labor Code sets out the rights and obligations of both parties, including working hours, wages, and social insurance.

Foreigners who work in Vietnam are entitled to the same benefits as Vietnamese nationals. These benefits include social insurance, health insurance, and unemployment insurance. Social insurance is mandatory for all employees and is paid for by both the employer and the employee.

Conclusion

In conclusion, the legal and regulatory framework for foreign workers in Vietnam is complex and can be difficult to navigate. In order to work in Vietnam, a foreigner must obtain a work visa and a work permit. The company that the foreigner will be working for must apply for the work permit on their behalf. Once the foreigner is working in Vietnam, they are subject to the same labor laws as Vietnamese nationals. This includes the Labor Code of Vietnam and mandatory social insurance, health insurance, and unemployment insurance.

Tags: Vietnam, foreign workers, legal framework, regulatory framework, visas, work permits, labor laws, social insurance, health insurance, employment relationship

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