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New Rules on the Work Permit Granting Conditions | ANT Lawyers
This new regulations take effect from April 1st 2016. Decree 11/2016/ND-CP dated February 3rd 2016 detailing the implementation of the provisions on the granting of work permit to foreign laborers working in Vietnam. This Decree replaces the Decree 102/2013/ND-CP. Firstly, the Decree 11/2016/ND-CP (Decree 11) clearly stipulating the concept of professionals, managers and CEO. Besides the concepts of current job position, Decree 11 added the concept for other positions that foreign workers undertake. Foreign workers are considered professio…
Employer’s Obligations on Recruitment, Labor Management and Labor Declaration under | ANT Lawyers
Labour and employment compliance are continuous process which has no ending and there is no reason to stop. In order for the companies in Vietnam to improve the effectiveness of its compliance in labour and employment in Vietnam, it is always important to pay attention to the details and fix the pending matters one by one. Labour and employment lawyers in Vietnam would help the clients with a thorough reviewing process if required. The employer is required to comply with current labor regulations on recruitment procedure, labor management …
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What Are Advantages Resolving Disputes by Commercial Arbitration? | ANT Lawyers
Commercial arbitration is a method of settling disputes selected by the parties and conducted in accordance with law. Compared with other method of dispute resolution such as mediation, negotiation, court litigation, dispute resolution by commercial arbitration also has advantages and disadvantages. In accordance with Vietnamese law and international law, the method of dispute resolution by commercial arbitration also stems from the agreement of the parties on a voluntary basis. However, the difference between these methods is that the settl…
Penalties on Working Without Work Permit in Vietnam | ANT Lawyers
Vietnam has become an attractive destination for foreigner investors due to the impressive development of socio – economic in recent years. This is such a good opportunity for Vietnamese enterprises to get cooperation in business with foreign partners. To take advantage of the opportunities to be the pioneer and market share, many of them have demand in employees with good skills and qualifications. To meet these requirements, more and more companies hire foreign workers for specific positions which might lack of human resources within Vie…
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Whom is Exempted from Work Permit Since 2021?
On December 30, 2020, the Government issued Decree No. 152/2020/ND-CP regulating foreign workers working in Vietnam and recruiting and managing Vietnamese employees to work for the foreign employers in Vietnam. In which, foreign workers in Vietnam are not required to be granted work permits include: The employee is the owner or capital contributor of a limited liability company with a capital contribution of at least 3 billion VND; Chairman of the Board of Directors or a member of the Board of Directors of a joint stock company with a capital…
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Conditions for Foreign Experts to Work in Vietnam | ANT Lawyers
On December 30th, 2020, Decree 152/2020/ND-CP has been issued regulating on foreigners working in Vietnam and recruiting, managing Vietnamese employees working for foreign organizations and individuals in Vietnam. Decree 152 clearly defines the forms and conditions for foreign employees to be eligible to work in Vietnam, and provides conditions for exemption from work permits in Vietnam , recruitment of foreign employees, renew and re-issue work permits. According to current regulations, foreign citizens come to work in Vietnam for the purpose…
Performing Labor Contracts in the Period of Covid – 19 Epidemic | ANT Lawyers
The Covid-19 epidemic has seriously affected the development of the economy and society. The situation of businesses being spacing as well as suspension of production and service provision happens regularly in epidemic-affected localities, and that also seriously affects the life stability of employees. Because most enterprises’ financial situations get worse, so the businesses seem like they cannot guarantee income for employees. This is a force majeure and legal event, and the labor law has specific provisions to balance and ensure the inter…
What to Note When Signing Labour Contract with Foreign Workers? | ANT Lawyers
With the policy of opening the economy in Vietnam, not only Vietnam attracts investors to set up company , but also the demand for foreign workers in enterprises grows and diversifies. However, in order for Vietnam companies to be able to use foreign workers, they must sign a labor contract. After meeting the conditions specified in the Labor Code on meeting the requirements for recruitment and working in Vietnam, the foreign worker working in Vietnam shall sign a labor contract before the expected date intend to work for the employer. In this…
Simplifying the Procedure for Foreigner to Reside in Vietnam | ANT Lawyers
For foreigners wishing to come to Vietnam to work and reside temporarily, they need to either set-up a company in Vietnam or work for others. The owner of the company does not need a work permit but still need to apply for temporary residence card. However, the foreign employee will need the employer to sponsor the work permit in Vietnam before applying for temporary residence card. A recent draft law on entry, exit and residence of foreigner in Vietnam has been proposed with some changes. The draft regulates many open provisions on en…
Report the Demand to Use Foreign Workers in Vietnam | ANT Lawyers
In order to manage the usage of foreign workers in Vietnam, the Vietnam state authority has requested employers to provide explanation for such need to use foreign workers. This will be the preliminary procedure before applying for work permit in Vietnam then temporary residence card in Vietnam for foreigners. The report of demand to use of foreign workers has to meet the following requirements: Demand to use foreign workers: The employer (except contractors) is responsible for determining the demand to use foreign employees for eac…
Conditions for Foreign Experts to Work in Vietnam | ANT Lawyers
On December 30th, 2020, Decree 152/2020/ND-CP has been issued regulating on foreigners working in Vietnam and recruiting, managing Vietnamese employees working for foreign organizations and individuals in Vietnam. Decree 152 clearly defines the forms and conditions for foreign employees to be eligible to work in Vietnam, and provides conditions for exemption from work permits in Vietnam , recruitment of foreign employees, renew and re-issue work permits. According to current regulations, foreign citizens come to work in Vietnam for the purpose…
Penalties on Working Without Work Permit in Vietnam | ANT Lawyers
Vietnam has become an attractive destination for foreigner investors due to the impressive development of socio – economic in recent years. This is such a good opportunity for Vietnamese enterprises to get cooperation in business with foreign partners. To take advantage of the opportunities to be the pioneer and market share, many of them have demand in employees with good skills and qualifications. To meet these requirements, more and more companies hire foreign workers for specific positions which might lack of human resources within Vietnam…
Employment lawyers in Vietnam | ANT lawyers
Our employment practice at ANT Lawyers helps clients with the following: Regulatory issues: advising on regulatory issues in relation to recruitment, employment and termination of labour contracts. Employment documents: drafting, negotiating and amending labour contracts, office rules and collective labour agreements. Licensing requirements: advising on the obtaining of work permits for expatriates, registration of office rules and collective labour agreements. Labour dispute: mediating and reconciling labour disputes, representing clients be…
10 Questions to Ask Before Setting-up Company in Vietnam | ANT Lawyers
Foreigners are encouraged to make investment in Vietnam through direct investment by Setting up company in Vietnam. However there are restrictions in some cases in regard to investment capital, investment area, special licenses required. The investor is suggested to consult with a law firms in Vietnam for advice and service offering. Before setting up business in Vietnam, ask yourself the following questions: 1. Which business should I invest in Vietnam? There are non-conditional investment areas and conditional investment areas. Establishing…
Visa and Immigration Matters in Vietnam | ANT Lawyers
Foreigners entering Vietnam for different purposes will need proper visas issued, failing which would lead to the revocation, invalidation of entry/exit/residence permits issued by Vietnamese competent authorities. The length of stay in Vietnam for foreigners depend on the visa type and the time duration specified on the visa itself. For some visas, especially work related visas, the foreigners need to be sponsored by Vietnam enterprises for working purpose. The proper works visa must be obtained…
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