• An Giang
  • Binh Duong
  • Binh Phuoc
  • Binh Thuan
  • Binh Dinh
  • Bac Lieu
  • Bac Giang
  • Bac Kan
  • Bac Ninh
  • Ben Tre
  • Cao Bang
  • Ca Mau
  • Can Tho
  • Dien Bien
  • Da Nang
  • Da Lat
  • Dak Lak
  • Dak Nong
  • Dong Nai
  • Dong Thap
  • Gia Lai
  • Ha Noi
  • Ho Chi Minh
  • Ha Giang
  • Ha Nam
  • Ha Tinh
  • Hoa Binh
  • Hung Yen
  • Hai Duong
  • Hai Phong
  • Hau Giang
  • Khanh Hoa
  • Kien Giang
  • Kon Tum
  • Lai Chau
  • Long An
  • Lao Cai
  • Lam Dong
  • Lang Son
  • Nam Dinh
  • Nghe An
  • Ninh Binh
  • Ninh Thuan
  • Phu Tho
  • Phu Yen
  • Quang Binh
  • Quang Nam
  • Quang Ngai
  • Quang Ninh
  • Quang Tri
  • Soc Trang
  • Son La
  • Thanh Hoa
  • Thai Binh
  • Thai Nguyen
  • Thua Thien Hue
  • Tien Giang
  • Tra Vinh
  • Tuyen Quang
  • Tay Ninh
  • Vinh Long
  • Vinh Phuc
  • Vung Tau
  • Yen Bai

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.

06/17/2020 14:06

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./.