Chapter I
GENERAL PROVISIONS
Article 1.-
1. Foreigners working in Vietnam and having to acquire work permits as stipulated in Item 1, Article 133 and Item 2 Article 184 of the Labor Code are those who do not bear Vietnamese nationality under the Law on Vietnamese Nationality.
2. Overseas Vietnamese working for enterprises and organizations in Vietnam must also have work permits as stipulated in this Decree.
Article 2.- The enterprises and organizations (hereafter referred to as employer) entitled to employ foreign workers include the following establishments which are lawfully established and have the legal person status:
1. State enterprises;
2. Foreign invested enterprises, enterprises in export processing zones and industrial parks;
3. Enterprises of other economic sectors;
4. Cost-accounting non-business establishments;
5. Business and service organizations owned by State administrative agencies, the armed forces, mass organizations and other political and social organizations.
Article 3.- This Decree shall not apply to:
1. Foreigners working for State administrative agencies, Vietnamese political and social organizations, and for Vietnamese individuals;
2. Foreigners who are members of the Managing Boards, directors (general directors) and deputy directors (deputy general directors) of foreign invested enterprises in Vietnam;
3. Foreigners working for diplomatic missions, consulates, representative offices of international organizations, foreign non-governmental organizations, representative offices of foreign economic, cultural, information, educational and scientific organizations in Vietnam;
4. Foreigners who are hired by the employers defined in Article 2 of this Decree to solve difficulties in emergency situations;
5. Foreigners having permanently settled in Vietnam, foreign pupils and students studying in Vietnam.
Article 4.- Foreigners working in Vietnam must abide by the labor legislation of Vietnam and shall be protected by the labor law of Vietnam, except otherwise provided for by international agreements which the Socialist Republic of Vietnam has signed or acceded to.