In Clause 1, Article 2 of Decree No. 125/2020/ND-CP, effective from February 15, 2021, the Government regulates the forms of employment of foreign workers in Vietnam. Accordingly, these cases will be considered to work in Vietnam if they comply with the conditions of Vietnamese law.
Foreign citizens who work in Vietnam (hereinafter referred to as “foreign workers”) will work in the following forms:
a) Performance of labor contracts
b) Intra-corporate transfer
Foreign workers subject to the intra-corporate transfer program include managers, executive directors, experts and technical workers of foreign enterprises that established their commercial presence in the territory of Vietnam, temporarily mobilizing within the enterprises to their commercial presence in the territory of Vietnam and having been employed by foreign enterprises for at least 12 consecutive months.
c) Performance of various types of contracts or agreements on economics, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health.
d) Contracted service providers
Contracted service providers are foreign workers who have been working for at least 2 years (24 months) in foreign enterprises with no commercial presence in Vietnam and must meet the requirements on experts according to the regulations.
đ) Offering services
Foreign workers who work under the form of offering services are foreign workers who do not live in Vietnam and do not receive remuneration from any source in Vietnam. They participate in activities related to acting on behalf of a service provider to negotiate the use of its services, provided that the services are not directly sold to the public and the foreign workers are not directly involved in the provision of the service.
e) Working for foreign non-governmental organizations, international organizations in Vietnam permitted to operate in accordance with Vietnamese laws.
Volunteers are foreign workers in Vietnam working voluntarily and unpaid to implement international treaties to which the Socialist Republic of Vietnam is a member and certified by the foreign diplomatic missions or international organizations in Vietnam.
h) People in charge of establishing the commercial presence.
Commercial presence includes foreign-invested economic organizations; representative offices and branches of foreign traders in Vietnam; executive offices of foreign investors in business cooperation contracts.
i) Managers, executive directors, experts, technical workers.
Managers are people who manage enterprises according to the provisions of Clause 24, Article 4 of the Enterprise Law, or are the heads or deputy heads of agencies or organizations.
Executive directors are the heads and directly operate units directly under agencies, organizations or enterprises.
Experts are foreign workers meeting one of the following:
- Having a Bachelor’s degree or higher or equivalent and having at least 3 years of experience working in the specialized field relevant to the job position the foreign workers are expected to work in Vietnam;
- Having at least 05 years of experience and having practicing certificate relevant to the job position the foreign workers are expected to work in Vietnam;
- Special cases which are determined by the Prime Minister at the request of the Ministry of Labor, Invalids and Social Affairs.
Technical workers are foreign workers meeting one of the following:
- Being trained in a technical field or in other field for at least 01 year and working for at least 03 years in the trained field;
- Having at least 05 years of working experience relevant to the job position the foreign workers are expected to work in Vietnam.
k) Participation in the performance of bidding packages and projects in Vietnam.
l) Relatives of members of foreign representative missions in Vietnam who are permitted to work in Vietnam in accordance with provisions of such international treaties to which the Socialist Republic of Vietnam is a member.
Above are the cases of employment of foreign workers in Vietnam under Decree No. 152/2020/ND-CP effective from February 15, 2021. If you want more information about services of work permit, entry letter, visa extension or temporary residence card in Vietnam, etc. please contact Nhi Gia via the call center +84 1900 6654. Nhi Gia is pleased to serve you!
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