Conditions for recruiting foreigners to work at private enterprises

Recruiting foreigners to work at private enterprises helps open up great opportunities for businesses. Attracting foreign workers helps improve professional skills, promote innovation and improve work processes. However, to carry out recruitment effectively, businesses need to master the relevant conditions and regulations. In the article below, Long Phan will analyze in detail the legal regulations on recruiting foreigners to work at private enterprises.

Conditions for recruiting and employing foreign workers working at private enterprises

According to Article 152 of the Labor Code 2019, private enterprises must comply with strict regulations when recruiting foreigners. Specific conditions include:

• Foreign workers can only be recruited for management, executive, expert and technical positions when Vietnamese workers are not enough to meet production and business needs.
• Before recruiting foreigners, businesses, organizations and individuals must explain their need to use labor and receive written approval from a competent state agency.
• Contractors must clearly declare the job positions, professional qualifications, skills, experience and working time required by foreign workers, and must have written approval from the competent state agency.

Conditions for foreign workers working at private enterprises

Foreign workers who want to work in Vietnam not only need to have appropriate professional qualifications but also must meet many other conditions according to Vietnamese law. According to Article 151 of the Labor Code 2019, regulations on conditions for foreign workers to work in Vietnam include:

• Be 18 years old or older, have full civil capacity.
• Have professional qualifications, techniques, skills and work experience; Ensure health according to regulations of the Minister of Health.
• Not currently serving a sentence, not having a criminal record erased, or being prosecuted for criminal liability under Vietnamese or foreign law.
• Have a work permit issued by a competent Vietnamese state agency, except in cases where a permit is not required.

Cases of foreign workers working in Vietnam are not subject to work permits

Applying for a work permit is a mandatory requirement for most foreign workers, but Vietnamese law still has regulations on work permit exemption for some special cases. According to Article 154 of the Labor Code 2019, the following subjects do not need a work permit:

Senior management positions:

• The owner or capital contributing member of the limited liability company has the value of capital contribution according to regulations.
• The Chairman of the Board of Directors or a member of the Board of Directors of a joint stock company has a capital contribution value according to regulations.
• Head of the representative office of an international organization.

Special cases:

• Working time less than 3 months for offering services.
• Working time less than 3 months to handle complex technical problems.
• Be a foreign lawyer who has been granted a license to practice law in Vietnam.
• Cases prescribed by international treaties to which Vietnam is a member.
• Foreigners marry Vietnamese people.
• Other cases according to Government regulations.

Recruitment process for foreigners to work in Vietnam

The process of recruiting foreigners is a multi-step process, requiring careful preparation and strict compliance with legal regulations. The recruitment process is carried out according to the following steps:

Step 1: Report explaining needs

• 15 days before the expected use of foreign workers, employers must determine the need for each position that Vietnamese workers do not meet and report to the Ministry of Labor or Department of Labor.
• If there is a change in location, quantity, or location, it must be reported 15 days in advance.
• For some exceptional cases according to Article 154 of the Labor Code, employers do not need to determine their needs.

Step 2: Perform recruitment

• Notice of recruitment of Vietnamese workers for foreign labor positions must be posted on the Electronic Information Portal for at least 15 days.
• After failing to recruit Vietnamese workers to positions recruiting foreigners, the employer is responsible for determining the need to use foreign workers.

Step 3: Accept

• The Ministry or Department of Labor will approve or disapprove within 10 working days after receiving the report.

CSPL: Article 4 of Decree 152/2020/ND-CP, amended and supplemented by Decree 70/2023/ND-CP.

Consulting and support services for recruiting foreigners to work at private enterprises in Long Phan

At Long Phan, we provide comprehensive consulting and support services on recruitment and work permit issues to help businesses save time, costs and ensure full compliance with legal regulations. We provide services including:

• Consulting on legal regulations related to foreign labor recruitment, including work permits and labor contracts.
• Consulting and supporting the construction of labor contract content.
• Support in building documents to explain recruitment needs.
• Support in carrying out work permit application procedures.
• Support customers in submitting applications and working with competent authorities.
• Consulting on how to handle disputes that may arise during work.
• Consulting on other relevant regulations and procedures.

Recruiting foreigners to work at private enterprises not only brings benefits in terms of expertise and skills but also contributes to improving competitiveness in the global market. However, businesses need to comply with strict legal conditions and regulations to ensure the process is effective and legal. If you need support or need in-depth advice on labor issues, please contact Long Phan immediately via the hotline: 0906735386.