Should Foreign Workers Who Are Married To Vietnamese Citizens Be Asked For Work Permits?

A foreign employee is exempt from a work permit if he/she gets married to a Vietnamese citizen and live in the territory of Viet Nam, according to Article 154 of the Labor Code 2019.

However, to be able to work legally in Vietnam, the employer needs to carry out a number of procedures when employing this kind of employee:

FIRST, PROCEED WITH THE APPLICATION FOR AN APPROVAL OF THE DEMAND FOR EMPLOYING FOREIGN LABOUR

Employers (except for bidders) must apply for written approval of the need to use labor at least 30 days in advance from the expected date of using foreign workers with the Ministry of Labor, War Invalids, and Social Affairs. Association or the People's Committee of the province or centrally run city (hereinafter referred to as the People's Committee of the province) where the foreign worker is expected to work.

SECOND, REPORT ON EMPLOYEES WHO MARRIED WITH VIETNAMESE CITIZENS

After receiving the written approval of the need to use foreign workers in step 1, enterprises employing foreign workers will carry out the procedures for reporting the use of foreign workers with Vietnamese spouses to a competent administrative agency.

The notice period: must be made no later than 03 days before the time the foreigner starts working.

The report includes the following:

• Notarized copy of the business license;

• Notarized copy of marriage certificate with Vietnamese spouse;

• Notarized copy of the foreign worker's passport;

• Report on the use of foreign workers.

The report on the employment of foreign workers includes information about the employee, the employer, and the labor relationship between the two parties. Such information consists of the identity, date of birth, nationality, and passport number, of both the employee and the foreign employer in Vietnam, and the time to start working.

The report file will be submitted to the Ministry, the Department of Labor, War Invalids and Social Affairs, or the Provincial Management Board of Industrial Parks (if the company is located in an industrial park).

This reporting procedure is a one-way process and will not receive any results or acknowledgments. Foreigners only need to be informed about labor in Vietnam for the competent authorities to know and recognize it.

Please contact us for further assistance:

EZ TOURISM AND INVESTMENT CONSULTING COMPANY LIMITED

Address: No. 42, 26 Nguyen Hong, Lang Ha Ward, Dong Da District, Hanoi City, Vietnam

Phone: 0869 907 519 | 0867 439 725

Email: support@eztour.vn

Website: www.ez-consulting.com.vn/