Under the provisions of the Labor Code 2019, the contractor is only allowed to recruit foreign employees to the position of manager, operator, expert and technical worker that Vietnamese employees have not yet met are according to production and business needs. Therefore, to register to recruit foreign employees to serve the needs of production and business, what information does the contractor need to know? Here, Viet An Law will answer your questions. What are the conditions for foreign employees to work in Vietnam?
In addition, foreign employees working in Vietnam must comply with Vietnamese labor law and be protected by Vietnamese law, except for international treaties to which the Socialist Republic of Vietnam is Members have other rules.
Note: The term of the labor contract for foreign workers in Vietnam cannot exceed the term of the work permit. According to Article 155 of the Labor Code 2019, The maximum duration of a work permit is 02 years. A work permit may be extended once for up to 02 more years. When employing foreign employees to work in Vietnam,
both parties may agree to enter into several times fixed-term labor contracts.
Under the provisions of the Decree 11/2016/ND-CP guiding the Labor Code in foreign employees in Vietnam and Circular 10/2016/TT-BLDTBXH guiding Decree 11/2016/ND-CP guiding the Labor Code on foreign workers in Vietnam issued by the Minister of Labor, War Invalids and Social Affairs, and procedures for registration of contractor’s demand for foreign labor recruitment. Currently issuing work permits for foreigners as follows:
Before recruiting foreign employees, the contractor is responsible for declaring the number, qualifications, professional qualifications, and experience of the foreign employees that needs to be mobilized to execute the bidding package in Vietnam and requesting the recruitment. Vietnamese employees (with the investor’s confirmation) with the President of the People’s Committee of the province where the contractor performs the bidding package. Applications include:
Based on the report results of local agencies or organizations, in case of failure to introduce or supply Vietnamese employees to the contractor, the President of the Provincial People’s Committee shall consider and decide on the Contractor is allowed to recruit foreign employees to positions that cannot be recruited from Vietnam.
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