ECOVIS Vietnam Law

Working in Vietnam as a foreigner: What companies and employees need to know

Foreign workers wanting to work in Vietnam must go through a complex process to obtain a work permit. Companies that want to hire foreign workers also have numerous obligations to fulfil. The Ecovis experts explain exactly what these obligations are.

Conditions for foreigners to work legally in Vietnam

According to the provisions of the 2019 Vietnamese Labour Law, numerous conditions must be met in order to work legally in Vietnam. Foreigners must:

• Be at least 18 years old and possess full civil capacity
• Provide evidence of any relevant professional qualifications, technical skills or work experience
• Meet health standards set by the Ministry of Health
• Not be serving a criminal sentence or be under criminal investigation in Vietnam or any other country. A clean criminal record is necessary.
• Obtain a work permit issued by the Vietnamese authorities, unless exempted under specific regulations

Required documentation for foreign workers in Vietnam

Foreign workers applying for a work permit in Vietnam must submit the following documents:

• A certified copy of a valid passport, which must comply with Vietnamese legal requirements
• A health certificate which must be issued by a competent medical authority in Vietnam or abroad and be valid for up to 12 months
• A criminal record certificate issued by a competent authority in Vietnam or abroad no more than 6 months prior to the date of submission
• Documents verifying the applicant’s status as a manager, executive director, expert, technical worker or other regulated professional
• Confirmation from the Home Affairs Department on the approval of the enterprise’s demand for employing foreign workers
• Two recent passport-sized photos, which must be taken within six months before submission
• Legal documents from the employer such as an enterprise registration certificate, company charter, etc.
• Power of attorney for the applicant and the applicant’s legal documents

Important note: The law requires that all foreign-issued documents must be legalised, notarised and translated into Vietnamese.

Ecovis' team of experienced lawyers supports employers and foreign workers in applying for a work permit – from the job advertisement to the application for a criminal record check and the submission of the application.

Vu Manh Quynh, Managing Partner, ECOVIS Vietnam Law, Ho Chi Minh City, Vietnam

Work permit process for foreign workers in Vietnam

Step 1: Recruitment and candidate search (within 30 days)

Employers must conduct a recruitment process within 30 days, which includes posting job vacancies on the official labour portals (Ho Chi Minh City: https://vieclamhcm.com.vn/ or Hanoi: https://vieclamhanoi.net/trang-chu), searching for candidates, and conducting interviews. This process ensures that domestic workers are given priority before hiring foreign employees.

Step 2: Approval of foreign labour use (10 working days processing time)

If they wish to employ foreign workers, the employer must submit an explanation of the demand or of the change in foreign employment demand, depending on their situation.

Step 3: Work permit application (5 working days processing time)

Once approval is granted, the employee must submit a work permit application with all the required documentation as listed above. If the application is valid, it will be processed within 5 working days.

For further information please contact:

Vu Manh Quynh, Managing Partner, ECOVIS Vietnam Law, Ho Chi Minh City, Vietnam
Email: quynh.vu@ecovislaw.vn

Nguyen Nhuan, Partner, ECOVIS Vietnam Law, Ho Chi Minh City, Vietnam
Email: nhuan.nguyen@ecovislaw.vn

Tax audit in Peru: When contradictions and inconsistencies invalidate tax authority’s assessments

Growing pressure to collect tax revenue has intensified audit activity in Peru. This has led to significant inconsistencies in the assessments of the Peruvian National Superintendence of Customs and Tax Administration (SUNAT). However, a recent ruling by the tax court demonstrates that legal coherence remains essential. The Ecovis consultants explain and evaluate the ruling.

In recent months, Peruvian taxpayers have experienced an unprecedented wave of tax audits. The aggressiveness of SUNAT’s verification procedures — particularly towards formal and compliant businesses — has reached levels not previously seen. This heightened scrutiny appears closely tied to the tax administration’s efforts to meet its ambitious revenue targets for fiscal year 2025.

While such goals may be fiscally justified, the means of achieving them must still respect fundamental legal principles. This was reinforced by tax tribunal decision no. 6435-12-2024, which invalidated an income tax adjustment on the grounds of logical inconsistency in the tax authority’s arguments.

Contradictory grounds for disallowance

The case at hand reveals a serious contradiction in SUNAT’s assessment. On one hand, the tax authority rejected the deduction of certain service expenses by asserting that the services had not been rendered (questioning item by item the evidentiary support). On the other hand, it also claimed that such services were not causally linked to the generation of taxable income, implicitly acknowledging their occurrence.

This double argument – both denying the transaction’s existence and simultaneously analysing its relevance – was found to be legally incoherent.

The tax tribunal ruled in favour of the taxpayer, concluding that the adjustment lacked a rational, non-contradictory foundation and therefore was “not in accordance with the law.” Consequently, it ordered the annulment of the challenged portion of the tax assessment.

We challenge inconsistent tax rulings or incorrect assessments by the Peruvian tax authorities for you.

Octavio Salazar Mesias, Partner, ECOVIS Peru, Lima, Peru

Legal framework and the principle of congruence

This ruling upholds the constitutional requirement that tax assessments and administrative actions observe the principle of congruence, meaning arguments must be coherent and logically structured. This principle has been recognised by the Peruvian Constitutional Court in case no. 00487-2022-PHC/TC, which affirmed that inconsistencies in administrative reasoning may result in violations of due process.

The tribunal’s decision adds to a growing body of precedents (e.g., resolutions nos. 0297-5-2017, 05788-8-2021 and 0366-11-2023) that stress the need for rational legal justification in tax controversies. These rulings remind both taxpayers and SUNAT that enforcement cannot disregard legal certainty in favour of collection efficiency.

Conclusion: towards balanced tax enforcement

The decision marks a key moment for the defence of legal rationality in tax audits. While fiscal pressure may drive more rigorous controls, contradictions in assessments cannot be tolerated. For both multinational and domestic taxpayers operating in Peru, this case reinforces the importance of challenging tax determinations that lack consistent logic or violate due process principles.

For further information please contact:

Octavio Salazar Mesias, Partner, ECOVIS Peru, Lima, Peru
Email: octavio.salazar@ecovis.com.pe

Capital market Greece: Modernised with EU-aligned reforms

The Hellenic Parliament has approved a new bill introduced by the Hellenic Capital Market Commission (HCMC). It brings substantial regulatory updates in line with European Union (EU) directives and international best international practices. The Ecovis consultants know what changes are being made to strengthen the capital market and what companies need to consider.

This reform seeks to enhance transparency, investor protection, and the overall efficiency of the Greek capital market. Among its key provisions are stricter corporate governance requirements, clearer obligations for market participants, and more robust supervisory powers for the HCMC. The bill also aligns domestic regulation with the latest EU financial legislation, such as MiFID II and the European Green Deal initiatives.

Key measures to strengthen the capital market

• Legislative amendments on securities: A simplified listing process for securities, including foreign issuers
• Institutional framework for UCITS and alternative investment funds
• The Introduction of liquidity management tools:
  • swing pricing
  • redemption gates
  • notice periods
• Enhanced tax deductions for SME listing costs on regulated markets: Reduced interest income tax on listed corporate bonds
• Strengthening supervisory authorities:
  • Implementation of mystery shopping by the HCMC and the Bank of Greece
  • Mandatory certification for investment service providers
  • Closer cooperation with EU regulatory bodies
• Legal framework for crypto assets: Establishment of competent authorities in Greece for crypto-asset markets
• Investor protection and supervision are aligned with EU Regulation 2023/1114
• Green Bonds: Framework for the categorisation and supervision of European green bonds
• Tax relief for angel investors and investments in Greece’s Alternative Market
• SMEs listing on the Athens Stock Exchange will benefit from a substantial reduction on eligible listing-related expenses

Consider how the new regulatory changes impact your capital raising, compliance obligations, or investment strategies. We're here to help.

Dimitrios Leventakis, Managing Partner, Certified Internal Auditor – IBFD Certified Tax Advisor, ECOVIS HELLAS Ltd., Athens, Greece

The new framework is expected to improve investor confidence, attract more foreign investments and contribute to the long-term competitiveness of the Greek financial sector.

For further information please contact:

Dimitrios Leventakis, Managing Partner, Certified Internal Auditor – IBFD Certified Tax Advisor, ECOVIS HELLAS Ltd., Athens, Greece
Email: dimitrios.leventakis@ecovis.com

Vasilis Giamenis, Corporate/Legal Department, ECOVIS HELLAS Ltd., Athens, Greece
Email: corporate.department@ecovis.gr