This article is a continuation of the previous one, which covers frequently asked questions about foreign workers in Vietnam. Here is the rest of the list of the 31 most common questions regarding this topic:
15. When the labor contract is terminated and the foreign worker returns home, does the damage incurred when the foreign worker works for the employer have grounds to sue for compensation?
Have. Unless the International Agreement provides different provisions from the Vietnamese Law, foreign employees working in Vietnam must comply with the 2019 Labor Code. may request the foreign worker to pay compensation according to the law.
16. What is the procedure for applying for a work permit?
What is the procedure for applying for a work permit? (Source: Internet)
Foreign workers, when meeting the working conditions in Vietnam, must apply for a work permit with the following procedures:
Step 1: Employers apply for approval of the need to employ foreign workers. Specifically, at least 30 days before the expected working date of the foreign worker, the employer must make a report explaining the need to use foreign workers to the provincial People’s Committee.
Step 2: Employer submits an application for a work permit at a competent authority. At least 15 days before the date the foreign worker is expected to start working in Vietnam, the applicant shall submit the dossier to the Department of Labor, War Invalids and Social Affairs (“DOLISA”) where the foreign worker is expected to work.
Read more: Work Visa Process
17. What is the procedure for the re-issuance of a work permit?
The procedure for applying for a work permit includes the following steps:
Step 1: Prepare a set of documents to request the re-grant of a work permit in accordance with the law.
Step 2: Submit the application for re-issuance of the work permit to the DOLISA.
Within 03 working days from the date of receipt of a complete application for re-grant of a work permit, the DOLISA will re-issue a work permit, if not re-grant, a written reply clearly stating the reason.
18. What is the procedure for renewing a work permit?
What is the procedure for renewing a work permit? (Source: Internet)
The procedure for renewing a work permit includes the following steps:
Step 1: Prepare a set of documents to request the extension of the work permit according to the provisions of the law.
Step 2: At least 05 days but not more than 45 days before the expiry date of the work permit, the employer must submit the application for an extension of the work permit to the OLISA where the work permit has been issued.
Within 05 working days from the date of receipt of complete dossiers of application for extension of work permit, DOLISA will extend the work permit. In case the work permit is not renewed, a written reply clearly stating the reason.
Read more: Renewing work permit – The complete guide
19. What is the procedure for applying for a work permit exemption?
The procedure for applying for confirmation of not being eligible for a work permit includes the following steps:
Step 1: Prepare a set of documents to request certification that you are not eligible for a work permit as prescribed by law.
Step 2: Submit the application at DOLISA.
Within 05 working days from the date of receipt of complete dossiers of application for confirmation of not being eligible for a work permit, the DOLISA shall issue a written confirmation that the foreign worker is not eligible for a work permit. In case of non-confirmation, there is a written reply clearly stating the reason.
20. Can foreign workers in Vietnam sign a contract with a labor outsourcing enterprise?
The law does not prohibit foreign workers in Vietnam from signing labor contracts with labor outsourcing enterprises. However, in order to work for another enterprise, the foreign worker must obtain a new work permit in accordance with the provisions of the law.
21. What tax obligations do foreign workers have to fulfill before returning home?
In case the foreigner is a non-resident individual when returning home, there is no need to perform the tax finalization obligation after paying the tax rate of 20% for each time an income is generated. In case the foreign worker is an individual residing in Vietnam when returning home, he/she must make a tax finalization with the tax administration agency or authorize the income payer to finalize tax for the last working year before the end of the labor contract. and exit.
22. How are foreign employees’ responsibilities to participate in social insurance, health insurance, and unemployment insurance?
According to current regulations, foreign employees and employers employing foreign workers are eligible to participate in social insurance, except for cases where they are (i) internally transferred within the enterprise or (ii) have reached full retirement age. Moreover, foreign workers are not regulated by the Employment Law 2013, so they are not eligible to participate in unemployment insurance. However, foreign workers are subject to participation in health insurance.
23. Is there any regulation on the ratio of foreign workers to local workers?
Is there any regulation on the ratio of foreign workers to local workers? (Source: Internet)
There are no regulations.
24. Which cases do not have to apply for a work permit when hiring foreign workers?
The following cases are not required to apply for a work permit:
– Head of the representative office, project or main responsibility for activities of international organizations, foreign non-governmental organizations in Vietnam;
– Foreign lawyers who have been granted a license to practice law in Vietnam in accordance with the Law on Lawyers;
– Foreigners marrying Vietnamese and living in Vietnamese territory; and
– Other cases as prescribed by law.
25. What forms does a labor contract with a foreigner include?
Foreign employees who are required to apply for a work permit may only enter into a definite-term labor contract.
26. How to pay wages for foreign workers?
Current law stipulates two forms of payment for employees (including foreign workers):
(1) Cash;
(2) Payment through the employee’s personal account opened at the bank.
27. What is the reporting regime on the use of foreign workers?
Before July 5 and January 5 of the following year, the employer shall report the first 6 months of the year and annually on the employment of foreign workers. The closing time for reporting data for the first 6 months of the year is from December 15 of the year before the reporting period to June 14 of the reporting period, the closing time for the annual report is from December 15 of the year preceding the reporting period. reporting by December 14 of the reporting period.
28. How are foreign workers’ public holidays regulated?
In addition to the 11 days of leave prescribed by law, foreigners working in Vietnam are also entitled to one more day off for the national traditional New Year and one day for their country’s National Day.
29. Do foreigners who marry Vietnamese citizens and work in Vietnam need a work permit?
No, they don’t need to.
30. Can employers make foreign workers go through a probation period before hiring them?
Yes. According to labor law, foreign workers must have a work permit before starting work in Vietnam. After being granted a work permit, a copy of the signed labor contract must be submitted to the competent agency that has issued the work permit. Based on this provision, it can be seen that the labor contract is the only document that is implemented after having a work permit.
In addition, the employer and employee can agree on the content of the probationary period stated in the labor contract. Therefore, the employer can try the foreign worker by signing a labor contract that shows the content of the probationary period.
31. How much are the penalties for using foreign workers without a work permit?
According to current regulations, the case of an individual employer who employs foreign workers without a work permit will be fined from VND 30,000,000 to VND 75,000,000, depending on the number of unlicensed employees. The fine level for organizations is equal to 02 times the fine level for individuals.
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