Vietnam: Team Member Nationality Requirements

There are no regulations that specify the ratio of foreign to local employees in companies registered in Vietnam. However, foreigners cannot hold every position.

======= There are no regulations that specify the ratio of foreign to local employees in companies registered in Vietnam. However, foreigners cannot hold every position.

Employing foreign workers in Vietnam is only available for positions which require specific skills that cannot be found locally. As the need for foreign employees has to be justified, you cannot bring workforce from abroad for positions that locals can fill.

In reality, it is not difficult to prove the need for a skilled foreign employee. For example, having most of your clients from abroad would already be a sufficient reason for hiring an English-speaking foreigner. Hiring foreign workers is justified if the position has some specific requirements that cannot be found in Vietnam. For example, when you need someone with:

• Certain language proficiency
• Skills that cannot be found in Vietnam (e.g in the IT field)
• International experience

What comes to paperwork, the submission of a foreign labor use report and a reason for hiring are enough when you want to hire foreign employees. No extra documents are required. You must submit the report 30 days before the expected start of employment.

Foreigners coming to Vietnam must obtain a visa (with certain exceptions under treaties or other reciprocal agreements) from the Vietnamese Immigration Department or Vietnamese embassies/consulate offices in foreign countries. You can apply online here for a visa, and then pay a stamping fee upon arrival at the airport.

In order to obtain a work permit, foreigners assigned to work in Vietnam are required to show a degree of proprietary knowledge, a special skill or a manager/ executive-level skill not readily available in the domestic labour market. Under the new Labour Code, the maximum duration of a work permit is 24 months (which can however be extended subject to certain conditions - more info on page 63 here. Detailed instructions for applying for a work permit can be found here.

Non Profit

After being granted with the Certificate of Registration by the competent State agency, foreign staff working for foreign non-governmental organizations shall be required to visit the Department of Labor, War Invalids and Social Affairs in the province where their office is located to register for work permits in accordance with Vietnamese legal regulations. The registration is free-of-charge. Foreign INGO directors/heads are exempt from the Work Permit requirement. Short-term volunteers – up to three months – should be able to stay in Vietnam without Work Permits, while long-term volunteers are obliged to follow the same procedure as full-time paid expatriates.

For the Heads of Project Office, Head of Representative Office, or persons officially responsible for their INGOs’ activities in Vietnam (whose names are stated in issued Certificate of Registration).

1. A letter of request signed by the authorized person including following information:
   • Personal details of applicant, passport details, entry purposes, visa pick-up place (Overseas Diplomatic Mission of Vietnam/ Vietnam international border gates), type of visa (single entry, multiple entry), entry date, residence duration;
   • Personal details of accompanied family members (if any) with above-stated information.
2. Copy of the first 02 pages of passport (require at least six-month validity from the date of entry).
3. Official letter of appointment signed by authorized person of the organization.
4. A copy of labor contract/ Job profile (ToR).
5. Curriculum vitae.
6. Notarized translation of documents proving familial relationship between applicant and the accompanied.

For permanent staff of INGOs having Certificates of Registration of Project Office or Representative Office Establishment (over 6 months of stay)

1. A letter of request signed by the responsible person including following information:
   • Personal details of applicant, passport details, entry purposes, visa pick-up place (Overseas Diplomatic Mission of Vietnam/ Vietnam international border gate), type of visa (single entry, multiple entry), entry date, residence duration;
   • Personal details of accompanied family members (if any) with above-stated information.
2. Copy of the first 02 pages of passport (require at least six-month validity from the date of entry).
3. A copy of labor contract/ Job profile (ToR).
4. Curriculum vitae.
5. Work permit (in case applying for visa duration over 90 days).
6. Notarized translation of documents proving familial relationship between applicant and the accompanied.

For Profit

Foreign nationals must have a business visa or resident card and work permits in order to work legally in Vietnam.

Business visa You don’t have to acquire a work permit if your employment in Vietnam lasts less than 3 months. In that case, holding a business visa is enough. However, you need to have sponsorship or an invitation letter from a business partner in Vietnam. It is a convenient option for staying in Vietnam for a few months.

Work permit You have to apply for a work permit if your employment in Vietnam is longer than 3 months. To get the work permit, you need to have a higher education and sufficient work experience in your field. Work experience requirement for executives in a managerial position is 3 years. For non-managerial positions, the Master of Business Administration or some similar document would also be acceptable if the executive does not have enough work experience. Directors are also required to have 3 years of work experience in their field. However, if they have less than 3 years of experience but they have a degree in management, it will also help them to get the work permit. Investors, on the other hand, do not have to acquire a work permit.

Common issues with applying for work permit in Vietnam Often the problem is that candidates don’t have the documentation to prove their previous work experience. Your former employer must confirm your employment. A suitable document would be an employment record book or an experience letter. Also, note that work permits are valid for 24 months. After the expiration of your work permit, you can apply for the renewal.

Residence permit The acquisition of a work permit allows you to apply for a temporary resident card. It can be issued subsequently to the work permit and granted for the same duration as the work permit.

How long does it take to get a work permit?

What documents are required to apply for a work permit? In order to apply for a work permit in Vietnam, you need to prepare the following documents: Application Medical examination certificate Criminal record certificate for the past 6 months Work experience certificate Legalized copy of your passport All the required certificates that are issued abroad must also be legalized in the country of issuance. Read more here.

Sources

• Vietnam Visa Process
• Vietnam Visa Online Application
• Visa Entry Requirements PPT
• Vietnam NGO Centre
• EmerHub Employing Foreign Workers in Vietnam
• Decree 12 - NGO Regulations)