Legal Provisions on the Employment of Foreign Workers in Vietnam and the Right to Work of Employees
With the development and economic integration, the demand for foreign workers in Vietnam has been increasing. However, Vietnamese law sets forth strict regulations on the categories and conditions for recruiting foreign employees, particularly regarding job positions. Understanding these regulations is essential for both employers and employees.
I. Is it permissible to hire foreign workers for unskilled labor?
1. Legal citation
Pursuant to Article 152 of the 2019 Labor Code regarding conditions for recruiting and employing foreign workers in Vietnam:
Article 152. Conditions for recruiting and employing foreign workers in Vietnam
- Enterprises, agencies, organizations, individuals, and contractors are only permitted to recruit foreign workers for managerial, executive, expert, and technical positions where Vietnamese workers are not yet able to meet production and business needs.
- Before recruiting foreign workers, enterprises, agencies, organizations, and individuals must submit an explanation of the demand for such labor and obtain written approval from the competent state authority.
- Contractors, prior to recruiting and employing foreign workers in Vietnam, must declare in detail the job positions, professional and technical qualifications, work experience, and working duration required for the foreign workers to perform the contract, and obtain written approval from the competent state authority.
2. Analysis
Although Vietnamese law does not provide a specific definition of “unskilled labor,” in practice, this term is generally understood to mean jobs that do not require high professional or technical qualifications, mostly manual work requiring physical strength, diligence, and attention to detail.
Based on Article 152 of the 2019 Labor Code, the answer is NO — foreign workers are not allowed to be employed for unskilled labor positions.
Reasons include:
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Job position restrictions: Clause 1, Article 152 clearly states that foreign workers may only be recruited for certain positions, namely:
- Manager: The head or deputy head of an agency, organization, or unit; the head or deputy head of a branch or representative office of an agency, organization, or unit.
- Executive: The head of a department, division, or section within an agency, organization, or unit.
- Expert: A person holding a university degree or higher (or equivalent) and having at least 03 years of work experience in a relevant specialized field suitable for the job position in Vietnam.
- Technical worker: A person trained in a technical or other specialized field for at least 01 year and having at least 03 years of work experience in that field, or having at least 05 years of work experience suitable for the job position in Vietnam.
- Priority for Vietnamese workers: Foreign labor may only be used if Vietnamese workers cannot meet the production and business requirements, reflecting the policy to prioritize the domestic workforce.
Conclusion: Vietnamese law permits hiring foreign workers only for high-skill, technical, or managerial/executive roles that Vietnamese workers cannot fulfill. Unskilled labor positions are excluded.
Important note: Before hiring a foreign worker, the employer must justify the need for such labor and obtain written approval from the competent state authority, except in specific exempted cases discussed below.
II. In what cases is an employer exempt from determining the need for foreign labor?
1. Legal citation
Pursuant to Article 4 of Decree 152/2020/ND-CP (as amended by Clause 2, Article 1 of Decree 70/2023/ND-CP) on the employment of foreign workers:
Article 4. Employment of foreign workers
Determining the need for foreign labor
…
b) Where the foreign worker falls under Clauses 3, 4, 5, 6, and 8 of Article 154 of the Labor Code and Clauses 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, and 14 of Article 7 of this Decree, the employer is not required to determine the need for foreign labor.
…
2. Analysis
Normally, determining the need for foreign labor is a mandatory procedure before recruitment. However, the law stipulates certain exceptions, primarily for special categories or short-term assignments, to simplify procedures. These include:
- Head of a representative office or project, or person primarily responsible for the activities of an international organization or foreign NGO in Vietnam.
- Entering Vietnam for less than 03 months to offer services.
- Entering Vietnam for less than 03 months to handle technical or technological incidents that may affect or risk affecting production or business, which Vietnamese or other foreign experts in Vietnam cannot resolve.
- Foreign lawyers licensed to practice in Vietnam under the 2006 Law on Lawyers.
- Foreigners married to Vietnamese citizens and residing in Vietnam.
- Owners or capital-contributing members of limited liability companies with a capital contribution of 3 billion VND or more.
- Chairpersons or members of the board of directors of joint-stock companies with a capital contribution of 3 billion VND or more.
- Entering Vietnam to provide professional and technical consultancy services or to perform tasks related to ODA-funded programs or projects under signed international agreements.
- Foreign workers licensed by the Ministry of Foreign Affairs to conduct information and press activities in Vietnam.
- Volunteers under Clause 2, Article 3 of Decree 152/2020/ND-CP.
- Managers, executives, experts, or technical workers entering Vietnam for less than 30 days and not more than 03 times in a year.
- Entering Vietnam under an international agreement signed by central or provincial-level agencies/organizations.
- Foreign students or interns under agreements for internships at Vietnamese agencies, organizations, or enterprises; trainees/interns on Vietnamese vessels.
- Relatives of members of foreign representative agencies in Vietnam as defined in Point l, Clause 1, Article 2 of Decree 152/2020/ND-CP.
- Holders of official passports working for state agencies, political organizations, or socio-political organizations.
- Persons responsible for establishing a commercial presence.
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Persons confirmed by the Ministry of Education and Training to enter Vietnam to:
- Teach or conduct research;
- Serve as a manager, executive, principal, or vice principal at an educational institution established at the request of a foreign diplomatic mission or intergovernmental organization.
Related note: Even when exempt from determining labor demand, these cases must still comply with other requirements regarding work permits (if applicable) or equivalent legal documents to work lawfully in Vietnam.
III. How is the right to work defined?
1. Legal citation
Pursuant to Article 10 of the 2019 Labor Code:
Article 10. Right to work of employees
- To freely choose employment, work for any employer, and in any location not prohibited by law.
- To directly contact employers or use employment service organizations to seek jobs according to their aspirations, abilities, professional qualifications, and health conditions.
2. Analysis
The right to work is a fundamental right of citizens guaranteed by the Constitution and the Labor Code. Article 10 specifies:
- Freedom to choose employment: Workers may freely choose jobs, work for any employer, and in any location not prohibited by law. This reflects the principle of freedom of labor contracts and flexibility in the labor market. No one may be forced to work for a specific individual or organization if the work is lawful.
- Job search methods: Workers may directly contact employers or use employment service organizations (such as job placement centers or recruitment agencies) to find jobs according to their aspirations, abilities, qualifications, and health. This ensures that workers can actively seek suitable employment opportunities.
Related note: The right to work for foreign workers in Vietnam is also protected by law but subject to specific conditions and procedures (e.g., job position requirements, labor demand justification, work permits) to ensure proper management and protect the domestic labor market.
Conclusion
The employment of foreign workers in Vietnam is strictly regulated, allowing recruitment only for managerial, executive, expert, and technical positions that Vietnamese workers cannot yet fulfill, and strictly prohibiting the hiring of foreign workers for unskilled labor. Employers must be aware of exemptions from the labor demand determination process to comply with procedures. Respecting the freedom to choose employment for all workers — both Vietnamese and eligible foreign nationals — remains a fundamental principle in labor relations.