POINTS TO NOTE WHEN ENTERING INTO LABOR CONTRACTS WITH FOREIGNERS IN VIETNAM - HR DEPT. VIETNAM COMPANY LIMITED

POINTS TO NOTE WHEN ENTERING INTO LABOR CONTRACTS WITH FOREIGNERS IN VIETNAM

Pursuant to Article 151 of the 2019 Labor Code stipulates as follows:

Conditions for foreign workers to work in Vietnam

1. Foreign workers working in Vietnam are foreign nationals and must meet the following conditions:

a) Being 18 years or older and having full civil act capacity;

b) Having professional qualifications, techniques, skills and working experience; being healthy as prescribed by the Minister of Health;

c) Not being a person who is currently serving a sentence or has not yet had his/her criminal record cleared or is being examined for penal liability in accordance with foreign or Vietnamese laws;

d) Having a work permit issued by a competent Vietnamese state agency, except for the case specified in Article 154 of this Code.

2. The term of the labor contract for the foreign worker working in Vietnam must not exceed the term of the work permit. When employing foreign workers to work in Vietnam, the two parties may agree to enter into multiple definite-term labor contracts.

3. Foreign workers working in Vietnam must comply with Vietnamese labor law and be protected by Vietnamese law, unless otherwise provided for in an international treaty to which the Socialist Republic of Vietnam is a signatory.