EXPATS IN VIETNAM

MANAGING LABOR RELATIONS

Vietnam-based representative office of a foreign investor means a dependent unit, a lawful office in Vietnam, allowed to recruit staff to manage and promote sale contracts with local business partners, research and develop products, seeking opportunities for the purchase or sale of goods and provision of services. A foreign representative office is a simple form of investment in Vietnam to enhance business from overseas, with multiple advantages while fewer risks regarding the required business compliance procedures such as investment capital, tax, accounting, and auditing. And it is easy to be extended or terminated or dissolved. The expatriate employees who work for representative office can obtain work permit and two years multiple visa (temporary residence card) for themselves and their family in Vietnam.

In addition to common labor procedures, foreigners working in Vietnam must also comply with a number of particular regulations. Managing labor relations for foreigners, if done correctly at the beginning, can simultaneously prevent risks and optimize on taxes and insurance payables.

With our extensive expertise and hands-on experience, VIVA would like to present you our services for managing labor relations for foreigners working in Vietnam as follows.

MANAGING EMPLOYEES’ PROFILE AND DRAFTING LABOR CONTRACT

1. Dependent information.
2. Professional certification and experience.
3. Letter of Appointment.
4. Offer letter.
5. Labor Contract.
6. House rental contract.

Employee’s Profile is mandatory for businesses. For the foreign employees, they are related to work permits (WP), temporary residence cards (TRC), declaration and payment of personal income tax (PIT), opening of bank accounts… Foreigners should understand thoroughly the requirements of each document, store and update them fully to meet the requirements of local authorities while working in Vietnam.

Labor contracts are very important that identify rights and obligations between employees and businesses. Besides, labor contracts are also related to compulsory personal income taxes, insurance, and procedures for receiving salaries, and remitting them to their home countries. Failure to manage the labor relations in terms of formality, contents and provisions in the labor contracts will result in serious disputes or increase the tax payables and interfere in your work.

WORK PERMITS AND TEMPORARY RESIDENCE CARDS

• The foreign employees have to present their work permits when entering and exiting Vietnam and upon requests of the competent agencies. A foreign employee who does not have a work permit will be deported out of Vietnam in accordance with the regulations of the Government. The person employing foreign employees without work permits will be subject to penalties under the laws.
• However, unlike a Visa, a TRC has a longer term of validity usually from 1 year to 5 years. A foreigner having a TRC does not need a Visa. He can enter and exit the country multiple times for work within the term of the TRC, saving time and money. In addition, the card holder can sponsor his or her relatives to be issued a TRC with the same term.
• After being granted a WP and a TRC, a foreigner can open all types of bank accounts, credit cards, savings books and enjoy all the services provided by the banks just like Vietnamese nationals.

CALCULATING SALARIES AND MANAGING TAXABLE INCOME

• The salaries of the foreigners are not only based on the agreement between them and the employers, but also must be in accordance with the nationality, expertise, experience and position. In case the salaries are inadequate, the Tax department will carry out inspection and verification domestically and abroad, affecting the foreign employee’s work.
• In addition to salaries, the foreign employees can enjoy other benefits such as travel expenses, rent, accommodation fees, insurance, school fees for their children, vouchers…which may be subject to personal income taxes or not, depending on the cases. Many foreigners have incurred personal income taxes and penalties because of failure to manage these incomes correctly.
• The salaries of foreigners can be in USD or other currencies. Each bank will have different requirements for payment in foreign currency.

SOCIAL INSURANCE AND COMPULSORY HEALTH INSURANCE

• Foreigners working in Vietnam must participate in social insurance when granted a WP or a practice certificate or a practice license by competent authorities in Vietnam and have Indefinite-term labor contracts, labor contracts with a definite term of 01 year or more with the Vietnamese employers.
• In relation to the premium rates of the employee, from January 01 2022, a foreigner working in Vietnam must participate in social insurance. He will pay 8% of his monthly salaries to the retirement and survivorship allowance funds. Concurrently, the employer will pay the social insurance premiums calculated on the monthly salary funds on which social insurance premiums are based every month as follows: 3% to the sickness and maternity fund; 0.5% to the labor accident and occupational disease fund; 14% to the retirement and survivorship allowance fund from January 01 2022.
• If a foreign employee enjoying retirement pensions and monthly social insurance allowances does not reside in Vietnam anymore, he can authorize another person to take the retirement pensions and monthly social insurance allowances. The foreign employee can receive all of them at once, if he wants.

MANAGING PERSONAL INCOME TAXES (PIT)

• To determine the valid method of declaring personal income taxes (PIT) for foreigners, the Vietnam tax department will use the passports, labor contracts, letters of appointment/documents for tax deduction, and House rental contracts.
• Both individuals residing or not residing in Vietnam must declare and finalize PIT for income generated in Vietnam or abroad. Taxable amount/tax rates of residents and non-residents are completely different. Failure to make a clear and valid PIT declaration will result in penalties imposed by tax authorities in the coming years. An experienced consultant will help you in managing employee documents/ reports required by laws as well as reports/ declarations to ensure that the documents are correct at the beginning and for the next 3 or 5 years.
• A person calculated and paid the PIT for their income abroad will be entitled to a reduction for the paid. The deductible tax amount must not exceed the payable tax amount calculated according to Vietnam’s tax schedule calculating and allocating the income generated abroad. The allocation rate is determined by the ratio between the income generated abroad and the total taxable income.
• For a foreigner residing in Vietnam with income from salaries and wages in the case where the days of presence in Vietnam are less than 183 days in the first calendar year but are more than 183 days in the 12 consecutive months since the first day he is present in Vietnam, the first tax period will be 12 months since the date of entering Vietnam, the second tax period will be the calendar year. The fiscal year: Declaration and submission of dossiers for finalization are done no later than 90 days from the date of full 12 consecutive months. From the second tax year: Declaration and submission of dossiers for finalization are done no later than 90 days from the ending date of calendar year. The payment to be made in the second tax year is determined as follows:
• A foreign employee terminating his labor contract in Vietnam must carry out tax finalization with the tax authorities before exiting Vietnam.
• Personal income tax rate for the salaries and wages of the person not residing in Vietnam is determined by the taxable income from salaries and wages multiplied (x) by a tax rate of 20%. Taxable income from the salaries and wages of a person not residing in the country is determined like income from salaries and wages of a person residing in the country:

TERMINATION OF LABOR RELATIONS AND RELEVANT PROCEDURES

When terminating the labor relations, the foreign employee should manage the following documents to avoid risks:

• Agreement on termination of labor relation.
• Letter of Resignation.
• Minutes on work handover.
• Minutes on termination of the labor contract.
• Receipt of PIT withholding.
• Cancellation or return of the work permit and temporary residence card.
• Tax finalization and letter of confirmation on completion of tax obligations before leaving Vietnam.

ABOUT VIVA BUSINESS CONSULTING

VIVA is the local expertise for local business compliance procedures, has been trusted by thousands of foreign investors, multinational companies from Europe, Japan, Singapore, India, Korea, USA… for the required business compliance procedures by local laws and regulations since 2006.

Thanks for consistent of practice expertise in Business laws - Employment relations – Tax and accounting – Corporate finance – Corporate services, VIVA has been successfully providing service for thousands of leading companies in such industries: Garment, energy, pharma, advertising, agricultural…

VIVA keeps its signature by offering one-stop business platform with regard to market entry and the mandatory business compliances. We ensure for our client’s good standing, in lawful and optimal manners whenever they are working and doing business in Vietnam.

Thanks to a unique combination of local expertise and global experiences, VIVA BUSINESS CONSULTING is the one-stop solution for the required compliance procedures in Vietnam for foreign investors and experts. We are still here since 2006s because of our thousands of satisfied clients and our employees. Our staying power is a testament to the professional resources, and so much more.

Read more:

• Wage regulations: transparency in labor relations
• Condition for personal income tax exemption & non-taxable (Part 1)
• Condition for personal income tax exemption & non-taxable (Part 2)
• Save your money and time with a “full package service for personal income tax of foreigner”
• Personal income tax for foreign employees: Methods of declaration and payable amount
• Taxable incomes from wages and remunerations for expats in Vietnam
• Foreign investor, legal rep and chief rep in Vietnam: The local procedures in Vietnam | manage your personal income tax and tax planning
• Optimize payable amount of personal income tax in Vietnam
• Personal income tax (PIT): Annual pit settlement key notes
• The proactive management of wage labor compliance procedure
• Expats working in Vietnam: What you shall keep in mind
• Work permit in Vietnam: regulations and guidance
• Temporary residence card in Vietnam: what you need to know
• Vietnam employee books – regulations on preparation, update, management and use