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Question: I am Mike Tran. Im currently residing in Australia. I have Australian nationality, but not Vietnamese. I intend to work in Vietnam at the invitation of a Vietnamese company in Ho Chi Minh City. My question is what conditions do I have to meet to work in Vietnam?

Mike Tran (Miketran@yahoo.com)

Answer: According to the information you provided, you currently have Australian nationality, but not Vietnamese, so you will be a foreigner working in Vietnam.

Article 169 of the Labor Code in 2012 stipulate the conditions that a foreigner who would like to work in Vietnam must meet:

Have full civil rights;

Have professional qualifications, skills, and health that meet the requirements for the job;

Not being a criminal or being prosecuted for criminal liability according to Vietnamese law and international law;

Have a work permit issued by a competent Vietnamese agency, except cases stipulated in Article 172 of the Labor Code in 2012.

Also, foreigners who work in Vietnam must obey Vietnamese labor law and international treaties to which Vietnam is a contracting party and stipulate otherwise and are protected by Vietnamese law.

Thus, to work in Vietnam, you need to fulfill the above conditions.

Besides, the company that will sign a labor contract with you must have a written explanation of the need for foreign laborers and get the written approval of the competent agency. And to have a Vietnamese work permit for you, the company must file the application for a work permit for a foreigner as stipulated in Decree 11/2016/ND-CP dated February 3, 2016 of the Government detailing some articles of the Labor Code regarding foreign laborers working in Vietnam and Circular No. 40/2016/TT-BLDTBXH dated October 25, 2016 of the Ministry of Labor, War Invalids and Social Affairs which guide some articles of the Government's Decree No. 11/2016/ND-CP dated February 3, 2016, detailing the implementation of some articles of the Labor Code for foreign workers working in Vietnam. The company that will sign the labor contract with you should contact the Department of Labor, War Invalids and Social Affairs of Ho Chi Minh City at 159 Pasteur Street, Ward 6, District 3, Ho Chi Minh City for detailed instructions.

(Nguyn Phương of Policy Department of The Committee for Overseas Vietnamese in HCMC)

 

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