Conditions for recruiting foreigners to work in Vietnam
Employers are allowed to employ foreign workers but must meet the conditions for recruiting and employing foreign workers stipulated in Article 152 of the 2019 Labor Code. When Vietnamese organizations and enterprises want to recruit foreign workers to work in Vietnam, they must carry out the following procedures in turn to looking for employer of record:
1. Report explaining the need to use foreigners
The employer determines the need to use foreign workers for a specific job position to report to the Ministry of Labor – Invalids and Social Affairs or the People’s Committee of the province or city where the worker is expected to work according to the following regulations:
- Time to send the report: At least 15 days before the expected working day in Vietnam of the foreign worker;
- Time for processing dossiers: Within a maximum of 10 working days from the date of receipt of the dossier, the competent authority shall issue a document approving or disapproving the use of foreign workers, stating the reasons.
Note:
The above procedure only applies to cases where the employer is an enterprise, agency, organization or individual;
While waiting for the dossier to be processed, if there is a change in the need to use foreign workers, the employer must report to the Ministry of Labor – Invalids and Social Affairs or the People’s Committee of the province or city where the employee is expected to work at least 15 days before the expected date of work in Vietnam;
For the cases specified in Clauses 1, 2, 8, 9, 10, 11, 12, 13, Article 7 of Decree 152/2020/ND-CP and Clauses 3, 4, 5, Article 154 of the 2019 Labor Code, this step is not required.
Guide to Hiring Foreign Workers in Vietnam: Key Requirements and Procedures
2. Recruiting foreign workers
After the competent authority has issued a document approving the need to use foreign workers, the employer can carry out the work of employer of record to hire in Vietnam according to the recruitment needs of the unit.
3. Apply for a work permit for foreigners or a work permit exemption certificate
After the competent authority has approved the need to use foreign workers and carry out the recruitment, the employer must apply for a work permit for the foreigner. This is a document verifying that the employee is legally working in Vietnam, except in cases where a work permit is exempted, this document is not required.
3.1 In case of having to apply for a work permit for a foreigner
At least 15 days before the expected date of work in Vietnam of the foreign worker, the employer must submit an application for a work permit to the Ministry or the Department of Labor, War Invalids and Social Affairs of the expected workplace of the worker.
Within 5 working days from the date of submission of a complete application for a work permit for a foreigner, the Ministry or the Department of Labor, War Invalids and Social Affairs shall issue a work permit to the foreign worker. In case of refusal to issue a work permit, a written response will be given stating the reasons.
The procedure for obtaining a work permit for foreigners is relatively complicated and requires working with many units. Therefore, if you do not clearly understand the documents, procedures or lack practical experience working with competent authorities, the time to issue a work permit may be longer than the expected date of work in Vietnam of the employee.
To avoid this situation, you can consider using the work permit service for foreigners at S4B Vietnam – affordable cost – completion time from 20 – 25 working days – free delivery of work permits to your location. S4B Vietnam can an EOR handle international taxes, which reduces a lot of stress for business.
Vietnam Work Visa Guide: Application Process & Requirements 2025
3.2 Cases exempted from work permit
In case foreign workers are exempt from work permits in Vietnam, the employer must submit an application for a work permit exemption certificate for foreign workers according to the following regulations:
- Time for submitting documents: At least 10 working days before the expected date of starting work in Vietnam of the foreigner;
- Agency receiving the application: Ministry or Department of Labor – Invalids and Social Affairs of the place where the foreign employee is expected to work. Within 5 working days from the date the competent authority receives the application for confirmation of work permit exemption, the Ministry or Department of Labor – Invalids and Social Affairs shall issue a document confirming that the employee is not subject to work permit issuance to the employer.
4. Signing labor contracts with foreigners
Pursuant to Clause 3, Article 11 of Decree 152/2020/ND-CP, if a foreign employee need an EOR for remote team, the employer and the foreign employee must sign a written labor contract with a term not exceeding the term of the work permit, implemented before the employee’s expected working date.
The employer is responsible for sending a certified copy or the original of the labor contract signed with the foreign employee to the agency that previously issued the work permit.
In case the employer does not send a supplementary labor contract signed with the foreign employee to the competent authority, it is considered a violation of the law and will be subject to an administrative fine of up to VND 3,000,000.
Do you need an EOR for remote team? Please visit our Services page or contact us through information below if you need to ask about how to hire employees overseas, we will respond to you as soon as possible!
>>>Employer of record enables businesses to effectively manage their workforce
S4B Vietnam
- Address: Unit 701B – 701C, Tower A, Handi Resco Towers, 521 Kim Ma Street, Giang Vo Ward, Hanoi, Vietnam
- Tel: +84 24 3974 4181
- Email: service@s4b.com.vn
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