Labor Contracts with Foreigners: Important Notes

Labor contracts with foreigners are an important part in the process of recruiting and managing international labor in Vietnam. According to the provisions of the Labor Code 2019, foreign workers must meet a number of legal requirements to work legally in Vietnam. In this article, customers will learn the conditions and notes when signing labor contracts with foreigners in Vietnam.

Types of current labor contracts

A labor contract is a written agreement between an employer and employee regarding the rights, obligations, and responsibilities of the parties. For foreigners, the main type of labor contract is a fixed-term contract.

Currently, there are three basic types of labor contracts in Vietnam:

• Labor contract with indefinite term;
• Labor contract with a fixed term;
• Seasonal labor contract.

Conditions for foreign workers working in Vietnam

According to the provisions of Article 151 of the Labor Code 2019, regulations on conditions for foreign workers to work in Vietnam.  Foreign workers who want to work in Vietnam must have foreign nationality and meet the following conditions:

• Be 18 years old or older and have full civil capacity.
• Have professional qualifications, techniques, skills, work experience and must be in good health according to regulations of the Minister of Health.
• Not a person who is serving a sentence, has not had a criminal record erased, or is being prosecuted for criminal liability according to the provisions of Vietnamese law or foreign law.
• Have a legal work permit issued by a competent Vietnamese state agency, except for special cases specified in Article 154 of the Vietnam Labor Code.

To avoid errors in the process of recruiting foreign workers, businesses need to refer to and strictly comply with current regulations, especially procedures for issuing work permits and signing labor contracts.

>>> Reference: Work permit for foreigners: conditions and procedures.

Regulations after signing labor contracts with foreigners

According to the provisions of Clause 3, Article 11 of Decree 151/2020/ND-CP, after a foreign worker is granted a work permit, the employer and the foreign worker must sign a written labor contract in accordance with the provisions of Vietnamese labor law before the expected start date of work.

The employer is responsible for sending the signed labor contract to the competent authority that issued the work permit. The contract can be an original or a certified copy.

When signing labor contracts with foreign workers, businesses need to pay attention to reporting requirements, send the signed contract to the work permit issuing agency, and ensure all information in the contract is accurate and complete.

Things to note when signing labor contracts with foreigners

When signing labor contracts with foreigners, businesses need to pay attention to a number of important issues to avoid violations. Specifically, the following issues should be noted:

• Check work permit: Make sure foreign workers have a legal work permit issued by a competent authority before signing a contract.
• Contract term: Make sure the contract agreement must comply with regulations on term and extension of work permits.
• Clear contract terms: Clearly define terms related to salary, benefits, social insurance, working time, and other employee rights.
• Contract legality: Labor contracts must be signed in writing and comply with the provisions of the Vietnam Labor Code and related guiding documents.
• Ensuring workers’ rights: Contract provisions must protect the legal rights of foreign workers, including insurance, leave, and working conditions.
• Report and send the contract to the competent authority: After signing, send the signed labor contract to the work permit issuing authority to ensure legality and compliance with regulations.

Comprehensive labor contract drafting consulting service at Long Phan

Long Phan provides consulting services and drafts labor contracts for foreign workers in Vietnam, helping businesses fully comply with regulations. Our services include:

• Guidance on regulations related to labor contracts with foreign workers in Vietnam.
• Support drafting labor contracts in accordance with the provisions of the Labor Code 2019 and guiding documents.
• Check and ensure labor contracts fully comply with work permit requirements, contract duration and other regulations.
• Consulting on procedures for signing labor contracts between employers and foreign workers.
• Support customers to submit contracts to competent agencies according to regulations.
• Providing consulting services related to labor contract disputes, protecting the rights of foreign workers and employers.

In order for the signing of labor contracts with foreigners in Vietnam to take place smoothly and legally, customers need to comply with the provisions of law on work permits, contract duration and related procedures. Long Phan provides professional consulting services to help customers ensure the legality and rights in labor contracts. For support, please call the hotline 0906735386.