Foreign workers working in Vietnam are required to have a work permit
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Facile
Durée
12 mois
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Jeux & Loisirs
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0 USD ($)
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Introduction
A work permit is one of the essential conditions for foreign workers to work in Vietnam. However, in reality, many foreign workers sign and perform labor contracts with employers even without a work permit.
When a dispute occurs, especially in cases where the employer unilaterally terminates the labor contract, the signed labor contract is inherently invalid. Therefore, the employee cannot effectively protect their rights.
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According to Labor Code2019, foreign workers working in Vietnam must meet the conditions of having a work permit issued by a competent Vietnamese State authority, except in cases not subject to a work permit as prescribed in Article 154 of Labor Code 2019.
Based on the issued work permit, foreign workers will be eligible to sign a labor contract with a term consistent with the term in the work permit as prescribed in Clause 2, Article 151 of Labor Code 2019. Therefore, it can be seen that except for foreign workers who are not subject to work permits, foreign employees are required to have a work permit when working in Vietnam.
After being granted a work permit, foreign workers are obliged to present the work permit when requested by competent State authorities. In case of working without a work permit, foreign workers will be forced to leave or deported according to the provisions of the law on entry, exit, transit, and residence of foreigners in Vietnam.
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Labor law and HR management service at ATS Lawyers
ATS Lawyers, headquartered in Hanoi, Vietnam, is a leading law firm well-known for its expertise in navigating Vietnam’s complex legal practices.
ATS focus on various areas including corporate law, investment consultancy, and dispute resolution, we provide tailored legal solutions to both local and international clients. One of the areas that we specialize in is Labor and HR management.
ATS advises many clients on labor-related matters, and is a trusted resource for companies who wish to increase their profits, keep their employees happy and comply with local regulations and Vietnam labor law for foreigners.
Our services cover areas including recruitment, employee benefits, performance appraisal, termination, tax matters, HR management procedures, and dispute resolution. Our comprehensive services include:
Advising on employment contracts, termination procedures, and managing workforce needs aligned with business goals.
Providing expertise in labor regulations, including salaries, bonuses, insurance, personal income tax, and HR management compliance.
Assisting with reporting requirements, workplace health and safety standards, and resolving labor disputes through mediation and representation in court.
Supporting clients with work permits and immigration formalities for expatriates.
Offering guidance on establishing and operating trade unions to enhance organizational governance and employee relations.
Contact information
If you need any legal advice, please come to our reputable law firm ATS for immediate support.
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