Employment licenses for foreign laborers

A foreigner established a joint venture with Vietnamese partners. Whether he/she has to apply for an employment license? What are criteria for a foreign employee to work in Việt Nam? How long is an employment license valid?    

Answer:

1. Criteria for foreigners to work in Việt Nam

- 18 years old up;

- In good health;

- Being managers, CEOs or experts in charge of managing the enterprises with representative offices in Việt Nam;

- No previous convictions on infringement against national security;

- Free from criminal proceedings or penalties under Vietnamese and foreign laws;

- Granted with employment licenses by Việt Nam’s competent agencies.

2. Exemption of employment licenses

Under Decree 34/2008/NĐ-CP regulating the recruitment and management of foreigners working in Việt Nam, all foreign laborers must acquire employment license to work in Việt Nam, except for:

- Working for less than three months;

- Being members of liability-limited companies with two members and above;

- Being the owner of single-member liability-limited companies;

- Being members of the Board of Management of a joint stock company;

- Entering Việt Nam to resolve emergency situations such as technically or technologically breakdowns which can negatively affect production or business and are not settled by Vietnamese and foreign experts in Việt Nam. 

3. Validity of an employment license

All foreigners who want to work in Việt Nam must be granted an employment license, which can be valid for 36 months in maximum.

If the license is lost or damaged, the holder can apply for re-issuance./.