Regulations on the internal move within the enterprise for foreign workers

Internal move within the enterprise is one of the forms that foreign workers who work in Vietnam are allowed to do (stated in Article 2, Clause 1 of Decree 152/2020/ND-CP).

1. The subject of foreign workers who are allowed to the internal move within the enterprise

Clause 1, Article 3 of Decree 152/2020/ND-CP states that:
“Foreign workers who move internally within the enterprise include managers, executive directors, experts, and technical workers of a foreign enterprise that has established a commercial presence in Vietnamese territory, temporarily moving within the enterprise to its commercial presence in Vietnamese territory and have been recruited by the foreign enterprise for at least 12 consecutive months.”

Clause 7, Article 3 of Decree 152/2020/ND-CP explains the concept of “commercial presence in Vietnamese territory” as follows:
“Commercial presence includes economic organizations with foreign investment capital, representative offices, branches of foreign traders in Vietnam, and operational offices of foreign investors in business cooperation contracts.”

According to Clause 3, Article 7 of Decree 152/2020/ND-CP:
Foreign workers who move internally within the enterprise are within the scope of 11 service sectors committed by Vietnam to the WTO (including business, information, construction, distribution, education, environment, finance, health, tourism, culture, entertainment, and transportation) and are not subject to work permit issuance.

Therefore, foreign workers who are allowed to move internally within the enterprise must also comply with these regulations. Specifically, foreign workers who come to work at an enterprise with a commercial presence in Vietnamese territory (this enterprise must operate in the 11 service sectors according to the commitment between Vietnam and the WTO) must have been recruited by the foreign enterprise for at least 12 consecutive months

2. Profile proving foreign workers’ internal move within enterprise

The document that determines the foreign worker’s movement within the enterprise falls under the scope of 11 service sectors in Vietnam’s commitment to WTO, including:

  • Dispatch letter: a document from a foreign enterprise that dispatches a foreign worker to work at its commercial presence in Vietnam, indicating the job position, title (manager, executive director, expert, technical worker), and working time;
  • Document proving that the foreign worker has been recruited by the foreign enterprise at least 12 months before being dispatched to work at its commercial presence in Vietnam, on the Vietnamese territory (employment contract or certificate of working time at the foreign enterprise…);
  • Document proving the commercial presence of the foreign enterprise on Vietnamese territory, operating within the scope of the 11 service sectors specified in the appendices of Circular 35/2016/TT-BCT (establishment license of representative offices, business registration certificate…).

3. Where can foreign workers apply for a work permit to move within enterprise a company in Vietnam?

Foreign workers who move within a company in Vietnam (including those within the service sector) must apply for a work permit at the Department of Labor, Invalids and Social Affairs of the province where the company has its commercial headquarters or at the Ministry of Labor, Invalids and Social Affairs.

Benefits of using Quan Lieu’s Work Permit Services:

Currently, the open labor market has led to a growing demand for foreign workers by businesses. However, the administrative procedures and documents required to prepare for a work permit are complicated and involve many related documents. If you do not have experience with the process, it can take a lot of time to complete. We are always ready to advise and support you in the best way possible.

  • We provide free consultations on any questions regarding procedures and related issues in obtaining work permits for foreign nationals in Vietnam.
  • We provide advice and assistance in completing documents and carrying out procedures.
  • We act as representatives for our clients in handling procedures (including submitting and processing documents and receiving results).

With a team of experienced, reputable, and responsible legal professionals, Quan Lieu can confidently answer and remove all problems if the client wants to move within the enterprise of the foreign worker. Please call our hotline at 0966 222 840 or chat with our specialists on this website for the fastest    advice and response.

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