The new Decree 102/2013/ND-CP, issued by Ministry of Labour, Invalids and Social Affairs (MOLISA) on September 6, 2013, provides guidelines on the implementation of provisions of the new Labor Code on the management of foreign nationals working in Vietnam. This new Decree will take effect on November 1, 2013 and shall replace Decree 34/2008/ND-CP dated 25 March 2008 and Decree No. 46/2011/ND-CP dated 17 June 2011.
1. Work Permit Exemption:
New categories of foreigners working in Vietnam that shall be exempted of work permits include:
- Teachers working for foreign organizations assigned to Vietnam by the foreign country's authority to teach at an international university that is under the management of the foreign country's authority representative or an international organization in Vietnam.
- Foreigners who hold a Master's Degree or equivalent assigned to work in Vietnam for consultation, teaching, conducting research at universities/ colleges for a period of less than 30 days.
- Foreigners working in Vietnam within the framework of an international agreement involving central authorities and political/social organizations at the central level.
The Work Permit exemption form should be lodged at the provincial Labor Department with supporting documents as usual, but if these documents were issued overseas, only an official translation in Vietnamese is required as per Vietnamese Law. Notarization and legalization in the country of origin of the documents is no longer required for the work permit exemption procedure.
The Labor Department shall issue a confirmation letter to foreigners exempted of work permit within 3 working days from the date of receiving the application.
The Labor Department shall issue a confirmation letter to foreigners exempted of work permit within 3 working days from the date of receiving the application.
2. Categories of foreigners assigned to work in Vietnam
Previously, only Managers, Executives or Experts were the only accepted positions for an assignment to Vietnam. The new decree introduces “Technical Workers”. Technical Workers shall give evidence of their qualifications in a technical field (at least 1 year of study/training) and a minimum of 3 years experience in the related field.
3/ Demand on Using Foreigners
Every year, and during the year if any change, employers in Vietnam shall be responsible to report their demand and seek approval for using foreigners for each specific position where Vietnamese nationals cannot meet the employer's requirements. Reports shall be made to the People's Committee of each province/city where the company's head office is located.
4/ Work Permit Application
Additional documents shall be required such as the approval letter issued by the Chairman of People Committee for the use of foreigners in specific positions. For internal transferees, a document that gives evidence that the internal transferee has indeed previously worked for the company will be required.
For local hires: The previous requirement to place a job advertisement is not mentioned in the new decree. There may however be some inconsistencies between different labor departments throughout the country with regard to the application of this requirement.
For local hires: The previous requirement to place a job advertisement is not mentioned in the new decree. There may however be some inconsistencies between different labor departments throughout the country with regard to the application of this requirement.
5/ Work Permit Re-Issuance
Work Permit renewal: before at least 5 (five) days but not more than 15 (fifteen) days from the date the work permit expires, employers must submit the application to request for re-issuance of work permit.
- Renewal applications shall include:
- Work Permit expiry date
- New health check and health certificate
- The approval letter issued by the Chairman of People's Committee on the use of foreigners.
- New Assignment Letter, service contract (depending on each case) to justify the assignment.