Conditions Regarding Personnel for Companies with Hong Kong Capital

Conditions Regarding Personnel for Companies with Hong Kong Capital

According to the report from the Foreign Investment Agency (Ministry of Planning and Investment), the number of projects and instances of capital contributions and share purchases in Vietnam by investors from Hong Kong and its territories is increasing significantly. It is evident that Vietnam is one of the countries with the potential to attract foreign investment due to its stable political situation, dynamic economy, many open-door policies for foreign investors, abundant labor force, and low costs. Therefore, the Vietnamese market remains an attractive destination for foreign investors, including those from Hong Kong.

Companies with Hong Kong capital in Vietnam are enterprises with Hong Kong investment capital engaged in investment activities, either wholly or partially, established in Vietnam to conduct profit-making business operations. So what are the conditions regarding personnel for companies with Hong Kong capital? Let us explore this with Siglaw Firm through the article below!

Conditions Regarding Personnel for Companies with Hong Kong Capital

Conditions for Vietnamese Personnel Working at Companies with Hong Kong Capital in Vietnam

For Vietnamese personnel working at companies with Hong Kong capital in Vietnam, individuals must be at least eighteen years old. They must not fall into any of the following categories: individuals who have lost their civil capacity; individuals with difficulties in cognition or behavioral control; or individuals who have restricted civil capacity.

Additionally, depending on the specific business sector, Vietnamese personnel are required to possess different professional certificates when working at companies with Hong Kong capital. This requirement may vary by industry or by specific job positions as mandated by Vietnamese law. For example, in the construction industry, certain positions related to construction activities must have professional certificates as stipulated by regulations. These positions include: project management director, individuals directly involved in project management; head of construction planning design; head of construction surveying; chief designer, head of design, and design verification in construction; site manager; construction supervision; construction inspection; and construction valuation. Similarly, for the business conditions of study abroad consulting services, a training certificate in study abroad consulting is required.

Conditions for Foreign Personnel Working at Foreign Investment Construction Companies in Vietnam

Foreign workers in Vietnam are individuals who hold foreign nationality and must meet the following conditions:

• Must be at least 18 years old and possess full civil capacity;
• Must have professional qualifications, technical skills, work experience, and adequate health as prescribed by the Minister of Health;
• Must not be individuals currently serving a sentence, whose criminal records have not been expunged, or who are under criminal investigation according to the laws of their home country or the laws of Vietnam;
• Must possess a work permit issued by the competent state authority of Vietnam.

Currently, the Labor Code restricts the positions that foreign workers are permitted to occupy in Vietnam to four specific roles. The positions that foreign workers can be licensed to work in Vietnam include:

• Manager: To prove that a foreign worker holds a managerial position, the foreign worker must provide the following documents:
  • In the case where the manager is also the legal representative of the enterprise: Business registration certificate.
  • In the case where the manager holds managerial titles within the company as recognized by the company’s charter: Company charter and appointment decision.

• Chief Executive Officer: To prove that the employee is the Chief Executive Officer, the enterprise must provide the following documents:

• Certificate of registration for branch operations or Certificate of registration for representative office operations.
• Company charter acknowledging the position of Chief Executive Officer.

• Expert: To qualify for the position of an expert, the foreign employee must meet one of the following conditions:

• Hold a university degree or equivalent and have at least 3 years of work experience in the relevant field of training suitable for the position the foreign employee intends to work in Vietnam.
• Have at least 5 years of experience and possess a professional certificate relevant to the position the foreign employee intends to work in Vietnam.

• Technical Labor: A foreign employee may work in the position of technical labor if they meet one of the following conditions:

• Hold a diploma in a technical field or another field with a training duration of at least 1 year, along with a confirmation document verifying that they have held an equivalent position for 3 years or more at a foreign enterprise or organization.
• A document confirming that the employee has held an equivalent position for 5 years or more at a foreign enterprise or organization.

If you have any questions regarding the personnel requirements for companies with Hong Kong capital, please contact Siglaw Firm. We are always ready to provide detailed answers!

Siglaw Law Firm

Phone: (+84) 961 366 238

Email:

• vphn@siglaw.com.vn
• vphcm@siglaw.com.vn

Headquarters: No.44/A32-NV13, Gleximco A, Le Trong Tan street, An Khanh, Hoai Duc, Ha Noi, Vietnam.

Southern branch: A9.05 BLOCK A, SkyCenter Building, 5B Pho Quang Street, Ward 2, Tan Binh District, Ho Chi Minh City, Vietnam.

Central branch: 177 Trung Nu Vuong, Hai Chau District, Da Nang City

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