1. Work Permits
Eligibility: Foreigners must meet criteria such as being 18+, having relevant qualifications, health certification, legalized documents, a valid passport, and a clean criminal record.
Application Process: Submit forms and documents to the Department of Labor, Invalids, and Social Affairs (DOLISA). Work permits are issued within 15 working days. Extensions are possible before expiry.
Exemptions: Categories like foreign investors, legal professionals, and spouses of Vietnamese citizens may qualify for a Work Permit Exemption Certificate valid for up to 2 years.
2. Labor Law for Foreigners
Working Hours and Overtime: Standard work week is 48 hours, with annual leave starting at 12 days. Overtime is capped and requires employee consent.
Salaries and Wages: Comply with government-set minimum wages (varying by region). Employers must follow strict payroll regulations, including deductions for social and unemployment insurance.
Holidays and Leave: Public holidays include Tet and National Day. Annual leave depends on employment duration and conditions. Maternity leave is six months.
Independent Contractors: Excluded from statutory benefits but may negotiate terms independently.
Social Security and Health Insurance: Mandatory contributions cover sickness, maternity, accidents, and more, unless exempt due to specific conditions.
3. Employee Rights and Protections
Vietnamese labor law safeguards employees against discrimination and ensures benefits like leave and insurance. Key regulations include the Labor Code, Social Insurance Law, and Labor Relations Law, which govern contracts, disputes, and social security.
4. Dispute Resolution
Negotiation: Direct discussions between parties.
Mediation: Neutral third-party facilitation.
Arbitration: Binding decisions by arbitrators.
Court: Formal judgments by judges with the possibility of appeals.
The above information is provided by Mys Law. For any questions regarding the content of this article, please contact 0969.361.319 or email: [email protected] for further clarification. Best regards!
Compiler: Nguyen Anh Quan