Regulations on the employment of foreigners in Vietnam

According to the provisions of the 2019 Labor Code and its implementing documents:

• Domestic enterprises are only allowed to recruit foreigners to work as managers, executives, experts and technical employees that Vietnamese employees cannot meet according to production and business needs.
• Before recruiting foreign nationals to work in Vietnam, enterprises must explain their labor needs and obtain written approval from competent state authorities.
• Conditions for foreigners to work in Vietnam:
  • Have full civil act capacity;
  • Have professional qualifications, skills and health suitable to job requirements;
  • Not be a criminal or be prosecuted for criminal liability according to the provisions of Vietnamese law and foreign law;
  • Having a work permit issued by a competent state authority of Vietnam (except for cases not subject to a work permit).

Regulations on administrative sanctions:

• Expelling foreign employees working in Vietnam who commit the following acts:
  • Working without a work permit or without a document confirming that they are not subject to a work permit as prescribed by law;
  • Using an expired work permit or document confirming that they are not subject to a work permit.
• A fine of VND 2,000,000 to VND 6,000,000 shall be imposed on employers who do not report or report with incorrect content or report late on the status of foreign employees as prescribed.
• Fines shall be imposed on employers who employ foreign employees in Vietnam without a work permit or without a certificate of non-work permit issuance or employ foreign employees with an expired work permit or a certificate of non-work permit issuance that has expired at one of the following levels:
  • From VND 60,000,000 to VND 90,000,000 for violations involving 01 to 10 people;
  • From VND 90,000,000 to VND 120,000,000 for violations involving 11 to 20 people;
  • From VND 120,000,000 to VND 150,000,000 for violations involving 21 or more people.