Reference situation:

A foreign-invested company would like to hire a foreign expert specializing in plastics production. The company would like to consult lawyers about the necessary documents and procedures for the use of foreign employees in Vietnam.

Legal grounds:

1. Labour Code No. 10/2012/QH13
2. Decree No. 11/2016/NĐ-CP detailing some articles of the labor code on foreign employees in Vietnam

Our legal advice:

The law of Vietnam provides that employers use foreign employees only for the positions that Vietnamese employees cannot satisfy. Therefore, employers should note an explanatory statement for the use of foreign employees to a competent authority.

Article 4 of Decree No. Nghị định 11/2016/NĐ-CP provides as follows:

1. Determination of foreign employment use

a) An employer (except for contractor) shall be responsible for the determination of foreign employment use in the positions that Vietnamese employees cannot satisfy, and submit an explanatory statement to the Chairman of the provincial people’s committee where the foreign employer is going to work in. If the employer changes its foreign employment use, it must submit a report for such change to the Chairman. 

The employer must submit an explanatory statement for its use of foreign employees before at least 30 days from the date of using. 

Click here to refer to the detailed procedures.