A company operating in more than one location may need an employee to divide their working time between different sites rather than hire an additional person. For employers with foreign employees working at multiple locations in Vietnam, this can be a practical staffing arrangement. Before confirming the schedule and agreeing the arrangement with the employee, the management needs to know whether the employee will continue in the same role for the same employer or take on a different job at the second site.
Vietnam’s rules allow an employer to add a worksite while keeping the authorities informed about where a foreign employee works. The labor contract serves a different purpose: it records the workplaces and duties the employer and employee have agreed. A proposed weekly schedule gives HR a starting point for checking both.
Quick Reference
Before making arrangements for foreign employees working at multiple locations in Vietnam, the management needs to:
- Identify which company employs the person and who will direct the work at the second site.
- Match the duties and regular workplaces to the work authorization and labor contract.
- Allow time for any required notice or application before agreeing a start date.
Employer Considerations for Foreign Employees Working at Multiple Locations in Vietnam
Staffing Needs Determine the Scope of the Assignment
A useful starting point for workforce planning in Vietnam is how long the second site needs the employee and what the work involves.
The legal employer matters, particularly within a corporate group. A branch belongs to the company that established it, while a subsidiary is a separate legal entity. If the subsidiary will employ the person, it generally needs its own work authorization for that employment unless an exemption applies. An employer must use foreign employees for its own business needs and may not lease them to another company.
Work Authorization Follows the Employer and the Role
Compare the duties at the second site with the position covered by the work permit or exemption. A company may send its employee to perform an agreed service at a customer’s plant. The service contract and project plan should make clear what the contractor will deliver and who will supervise the employee. Both are useful starting points when planning work permits for foreign employees.
If the new duties change the position or field of work recorded on a permit, the employer must apply for a new permit. A workplace notice covers a change of site for the same employer. It cannot authorize a different position.
The Labor Contract Should Reflect the Regular Workplaces
Where Vietnamese law governs the labor contract, the contract must list every location where the employee regularly works. Once the employee is expected to divide time between sites, the management should compare the new schedule with the workplace clause.
If the arrangement changes an agreed term, it is important to discuss it with the employee and record the agreed amendment in writing. This is also the time to settle how travel between sites will fit into the working day and which expenses the company will cover. Those details are part of employment contract compliance in Vietnam and give both sides a clear record of what they agreed.
Advance Notice Affects the Start Date at a New Site
When a work permit or exemption confirmation holder adds a new worksite for the same employer, or changes workplace on a stable, regular basis, the employer must give at least three working days’ notice. The notice goes to the issuing authority and the authority responsible for the new workplace. A regular change within the same province can also require notice.
Give HR the address where the work will take place and the expected assignment dates. If the employer itself is relocating the branch or other premises for which the permit or exemption confirmation was issued, the employer may need to apply for re-issuance. Knowing whether the employee or the establishment is moving helps operations set a realistic start date.
The End of an Assignment Triggers a Staffing Decision
When a project finishes, it is necessary to first establish what work remains under the employee’s contract. The employee may be due back at the original site, or both parties may agree on another assignment. If the company proposes to remove the position altogether, management should review the grounds, alternatives and any consultation or payment obligations before planning an employment exit or restructuring.
If the parties disagree about a return or transfer, the original assignment letter often provides a useful starting point. Check it alongside the labor contract and any later agreement to see what each side accepted. That record can narrow the issue before the parties consider their options for resolving an employment dispute in Vietnam.
Planning a Multi-Site Assignment Step by Step
Step 1: Define the work
Operations records the duties, site, dates and manager responsible for supervision.
Step 2: Check the documents
HR compares the proposal with the permit or exemption, the labor contract and any notice already filed.
Step 3: Confirm the start date
Complete any required notice, permit procedure or contract amendment before the employee starts under the new arrangement.
Step 4: Review the assignment
Before its agreed end date, decide whether the employee will return, stay longer or move to another role, and record any change.
A MONTHLY LETTER FROM ANT LAWYERS
Frequently Asked Questions About Foreign Employees Working at Multiple Locations in Vietnam
Q1: Can a foreign employee work at two sites for the same company?
Yes. The employer should confirm that the duties fit the employee’s work authorization, give any required workplace notice and list both sites in the labor contract if the employee works at each regularly.
Q2: Does a one-day visit to another site require a new work permit?
The length of the visit alone does not decide this. Attending a meeting and installing equipment involve different activities. If the employee will perform the same authorized role at an additional worksite for the same employer, the workplace notice procedure may apply.
Q3: What if a temporary assignment becomes part of the weekly schedule?
Review the regular workplaces in the labor contract and the period covered by any earlier notice. If the project also runs longer than expected, check both expiry dates. A permit holder’s labor contract cannot extend beyond the term of the work permit.
Q4: Can the company end employment when a customer project finishes?
That depends on what the employee was hired to do. Completing the specific work agreed in the labor contract can be a ground for ending it. A customer project can also finish while the employee’s wider role continues. If the company is eliminating that role, it needs to assess the grounds and process for that decision.
About the Author
Written by Thuong Nguyen, a lawyer at ANT Lawyers and a contributor to the Vietnam chapter of GAR Know-How: Commercial Arbitration. Their work focuses on arbitration, enforcement, and cross-border dispute strategy for foreign companies doing business in Vietnam. This article has been reviewed by Tuan Nguyen, Managing Partner, ANT Lawyers; member of the Hanoi Bar Association and Vietnam Bar Association.
About ANT Lawyers, a Law Firm in Vietnam
Founded in 2012, ANT Lawyers is a Vietnam law firm with offices in Hanoi, Ho Chi Minh City and Da Nang. Our employment lawyers advise on hiring, work permits, internal labour regulations and termination disputes in Vietnam. We combine legal analysis with practical understanding of Vietnam’s regulatory environment and local administrative practice.
General Disclaimer
This article is for general informational purposes only, does not constitute legal advice, and does not create a lawyer-client relationship. Vietnamese laws, regulations and administrative practice change over time, and the correct position for any matter depends on its specific facts and the rules in force when action is taken. Verify the current position before relying on anything stated here, and consult qualified counsel on your specific situation.
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