Regulations on foreign employees transferring within enterprises
VGP – Foreign employees have been hired for at least 12 months prior to such transfer by the foreign enterprise are allowed to transfer within an enterprise.
Question: What are the regulations on foreign employees transferring within enterprises in Viet Nam?
Answer: Clause 3, Article 1, Decree 11/2016/ND-CP (Decree 11), dated February 3, 2016 guiding some articles of the Labor Code on foreign workers in Viet Nam stipulates that foreign workers internally transferring within an enterprise as managers, executive directors, experts and technical workers of a foreign enterprise which has already established a commercial presence within the territory of Viet Nam, temporarily move within the enterprise to the representative office within the territory of Viet Nam and have been employed for at least 12 months prior to such transfer by the foreign enterprise.
Under Point a, Clause 1, Article 4 of Decree 11, the employer (excluding contractors) is responsible for identifying the demand to use foreign workers for each job position that Vietnamese workers could not meet its requirements and report to the Chairman of provincial-level People's Committee where the foreign worker is expected to work. During the employment period, should there is a change in the demand to use foreign workers, the employer must report to the Chairman of provincial People’s Committee./.
