Vietnam’s New Labour Code: Employment Implications for Foreigners
On November 20, 2019, the National Assembly adopted the Labour Code No. 45/2019/QH14 (“Labour Code 2019”). The Labour Code 2019 will come into effect on 1 January 2021.
This publication provides updates on changes to provisions effecting foreign employees working in Vietnam under the (new) Labour Code 2019, and also compares these provisions with the current Labour Code No. 10/2012/QH13 (“Labour Code 2012”).
1. Requirements for foreign employees to work in Vietnam
The Labour Code 2019 revises and supplements the requirements for foreign employees seeking to work in Vietnam:
| Labour Code 2012 | Labour Code 2019 |
|---|---|
| Having full civil capacity; | Be 18 years of age or older and possessing full civil capacity; |
| Having technical and professional qualifications, skills and health appropriate to the work requirement; | Having professional qualifications, techniques, work skills and work experience; with good health as prescribed by the Minister of Health; |
| Not being a criminal or prosecuted for a criminal according to Vietnamese and foreign laws; | Not being a person who is serving a sentence or has not yet had his criminal record wiped out or is currently facing criminal prosecution in accordance with foreign law or Vietnamese law; |
| Having a Work Permit, except for those subject to exemption | Having a Work Permit, except for those subject to exemption |
