For Canadian physicians planning to work in Vietnam, an employment contract is not merely a formality—it is a legally mandated prerequisite for obtaining a work permit, and that work permit in turn is a condition for the medical license recognition process under Vietnamese law. Understanding what the contract must contain, who must sign it, and how it fits into the broader licensing framework is essential for a smooth transition to clinical practice in Vietnam.
This guide covers the employment contract requirements for Canadian doctors under Vietnamese labor law, the Medical Examination and Treatment Law 2023, and Decree 96/2023/ND-CP.
Why the Employment Contract Matters for Licensing
Under Article 29 of the Law on Medical Examination and Treatment 2023, a foreign doctor may apply for recognition of their foreign-issued medical license only if they meet one of the following conditions:
- They are a Vietnamese citizen;
- They are currently working at a licensed healthcare facility in Vietnam; or
- They hold a valid Vietnamese work permit.
For most Canadian doctors, the pathway is through the work permit requirement. A work permit, in turn, requires a signed employment contract with a licensed Vietnamese healthcare employer. This means the contract must be executed before the licensing dossier is complete—creating a sequential dependency: contract → work permit → license recognition → Vietnamese practice license.
Mandatory Contract Provisions Under Vietnamese Labor Law
Employment contracts for foreign workers in Vietnam are governed by the Labor Code 2019 and its implementing decrees. For Canadian doctors, the contract must include:
- Full legal name, nationality, and passport number of the employee;
- Name and address of the employing healthcare facility;
- Job title and description of duties;
- Workplace location (specific facility address);
- Contract duration and type (definite-term or indefinite-term);
- Working hours and rest periods;
- Gross salary and currency (Vietnamese Dong or agreed foreign currency);
- Salary payment method and frequency;
- Probationary provisions (if applicable);
- Social, health, and unemployment insurance obligations;
- Termination conditions and notice periods.
Healthcare-Specific Contract Requirements
In addition to standard labor law requirements, employment contracts for physicians at Vietnamese healthcare facilities must be consistent with:
- The professional title and scope of practice on the doctor’s (anticipated) Vietnamese medical practice license;
- The operating license of the employing healthcare facility;
- The facility’s registered scope of medical services.
A Canadian cardiologist, for example, cannot be contracted to perform dermatological procedures at a clinic not licensed for that specialty. Contracts that exceed the facility’s licensed scope can invalidate both the contract and the work permit application.
Salary and Tax Considerations
Salaries for Canadian doctors in Vietnam are typically denominated in Vietnamese Dong or US Dollars. Foreign doctors are subject to personal income tax (PIT) in Vietnam. Under Vietnamese PIT rules, foreign residents (those staying more than 183 days in a tax year) are taxed on worldwide income at progressive rates of 5%–35%, while non-residents are taxed at a flat 20% on Vietnam-sourced income.
Canada and Vietnam do not currently have a double taxation agreement (DTA), meaning Canadian doctors may face tax obligations in both countries. Consulting a tax advisor familiar with both Vietnamese and Canadian tax law is strongly recommended before signing.
Contract Validity and Renewal
Employment contracts for foreign employees in Vietnam are typically tied to the duration of the work permit, which is issued for a maximum of 2 years and may be renewed. The medical practice license issued following recognition must also be renewed periodically, and its renewal is linked to the employee’s continued valid employment status. Canadian doctors should ensure their contracts include clear renewal provisions and that renewal processes are initiated at least 60–90 days before expiry.
Conclusion
For Canadian doctors, the employment contract is the foundational legal document underpinning the entire Vietnamese licensing process. It must comply with Vietnamese labor law, align with the facility’s licensed scope, and be executed before work permit and license applications can proceed. TTVN Legal advises Canadian physicians and their employers on structuring compliant employment contracts as part of the full healthcare licensing process in Vietnam.
Need legal assistance with medical licensing in Vietnam? Contact TTVN Legal today. 101 Nguyen Van Thu, Tan Dinh Ward, Ho Chi Minh City | +84 349661336 | tham@ttvnlegal.com.vn | https://ttvnlegal.com.vn/
