Recruiting foreign employees in Vietnam is not merely a staffing matter but also a process that requires enterprises to comply with the proper legal procedures. First, the employer must determine whether the foreign worker falls under a work permit exemption. If the employee is exempt, the enterprise is still required to carry out the procedure for obtaining confirmation that the foreign worker is not subject to a work permit in accordance with applicable regulations.

For cases that are not exempt, the enterprise must first apply for approval of its demand for employing foreign workers before proceeding with the work permit application. This is a mandatory sequence and an important legal step for enterprises wishing to lawfully employ foreign nationals in Vietnam.

In the work permit application dossier, there are two particularly important documents. The first is the foreign employee’s criminal record certificate, which is a key document for proving the employee’s legal background. The second is the documentation proving the proposed job position, qualifications, and practical working experience, ensuring that the employee is suitable for the intended position in Vietnam.

In addition, the employer should prepare an employment contract in compliance with Vietnamese labor law, clearly setting out the conditions of employment, as well as the employee’s rights, obligations, and working regime.

Another important point is that the content of the employment contract should also be consistent with the work permit application and labor visa application, in order to ensure legal compliance, minimize risks, and support the lawful employment of foreign workers in Vietnam.