Vietnam: New Decree to be Published Impacting Foreign Nationals Working in Vietnam

January 11, 2021 Lucy Halse

Key Points

  • On February 15, 2021, the government will implement a decree with regulations for foreign nationals working in Vietnam
  • Decree 152/2020/ND-CP will replace Decree 11/2016/ND-CP
  • The decree contains guidelines for issuing work permits, Work Permit Exemption Certificates, renewals, revocation, and reissuance
  • The decree modifies specific articles related to the topics above

Overview

On February 15, 2021, the government will introduce Decree 152/2020/ND-CP with regulations for foreign nationals working in Vietnam.

What are the Changes?

The new decree replaces Decree 11/2016/ND-CP. The decree contains guidelines for issuing work permits and Work Permit Exemption Certificates, renewals, revocation, and reissuance.

Specifically, the decree modifies the following articles:

Qualification Documents for Experts/Specialists and Technicians

A bachelor’s degree or higher is now required for foreign experts/specialists along with three years’ experience working in a specialized field related to the foreign worker’s job position in Vietnam. The applicant must also have at least five years’ work experience and a practicing certificate related to the position.

Technicians must have a training certificate in their technical specialty or a related specialty for at least one year. They must have worker for at least three years in their trained area of specialty. Alternatively, they may have five years’ worth of experience related to the job they plan to work in Vietnam.

Job Position Approval

The Ministry of Labor, War Invalids and Social Affairs, or the Provincial People’s Committee may grant the applicant’s job position or deny the request within 10 working days of receiving the written demand.

Report on the Use of Foreign Employees/Assignees

The sponsoring entity should report twice annually on their use of foreign workers. Before July 5th, the employer must report on its use of foreign workers for the first six months of the year. Before January 5th, the employer must report on its use of foreign workers for the entire previous year from December 15th to December 14th.

Work Permit Exemption for Investors

Under the new decree, investors do not need to obtain a work permit if the entity has a capital contribution value of at least 3 billion VND.

Short Term Assignments

Foreign nations will not be required to obtain a work permit if their visits are less than 30 days in duration and no more than three times each year.

Spouses of Vietnamese Nationals

Spouses of Vietnamese nationals no longer must obtain a work permit or work permit exemption certificate to work in Vietnam.

Reporting Requirement for Foreigners Exempt from Work Permits

Employers must report all foreign workers who are not required to obtain a work permit or work permit exemption to the Ministry of Labor or Department of Labor.

Additional Requirements for Foreign Nationals to be Eligible for a Work Permit Exemption

Foreign nationals who are eligible for a Work Permit Exemption Certificate must now include a health certificate for work purposes.

Work Permit Application Dossier for Managers

Manager category and related qualification documents for work permit applications will be recognized for managers based on provisions of Clause 24, Article 4 of the Law on Enterprises.

Work Permit Processing Time

The work permit will now be issued in five days after the Department of Labor Invalids and Social Affair of a full, valid application dossier.

Work Permit Re-Issuance

An application dossier for reissuing a work permit will now include the Demand for employment of foreigners.

Work Permit Renewal

The work permit can be extended once for a maximum of two years. Information is forthcoming as to whether or not workers can apply for a new work permit after theirs expires.

Work Permit Termination

The employer must notify the Department of Labor, War Invalids and Social Affairs within 15 days after an employee’s work permit expires or is terminated. The Department of Labor, War Invalids and Social Affairs must also issue a written confirmation within five days of receiving the report.

MOLISA’s Ability to Grant Job Position Approval

The demand for the use of the foreign worker’s job position approval, work permit, or Work Permit Exemption Certificate can also be submitted to the Ministry of Labor Invalids and Social Affairs.

Documentation Required for Work Permit Exemption Certificate

Documents proving that a foreign worker is not required to be issued a work permit and Health Certificate if it issued abroad will be legalized.

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Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional.

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