New changes in Vietnam’s work permit requirement for foreign workers

Vietnam-work-permit

On September 9, 2021, the Prime Minister signed and promulgated Resolution No. 105/NQ-CP of the Vietnamese Government on supporting enterprises, cooperatives, and household businesses in the context of the COVID-19 pandemic. Apart from helping businesses, the Resolution has issued guidelines on easing regulations for issuing, extending, and certification of documents for Vietnam work permits.

Some notable contents in Government’s Resolution 105/NQ-CP

To directly support solving difficulties of enterprises and employees, one of the four main groups of solutions of Resolution 105/NQ-CP is ” Create favorable conditions for workers and experts”.

To create ideal conditions for foreign workers, the Government requested the Ministry of Labor, Invalids and Social Affairs (MoLISA) to direct localities to flexibly implement and relax some regulations, requirements for granting and extending Vietnam work permits.

New regulations will have to be suitable in the context of the COVID-19 pandemic but must be absolutely safe in terms of pandemic prevention and control. Specifically:

1.For the provisions at point a, clause 3, Article 3 of Decree No. 152/2020/ND-CP:

The current regulations require “Having a university degree or higher and having at least 3 years of working experience in the trained and related field with the job position that the foreign worker is expected to work in Vietnam”.

Now loosened as follows: “Having a university degree or higher and having at least 3 years of working experience suitable with the job position that the foreign worker is expected to work in Vietnam”. Therefore, the university degree does not now have to be related to the job position in Vietnam.

2.With the provisions at point a, clause 6, Article 3 of Decree No. 152/2020/ND-CP:

Requirements for work experience “…have at least 3 years of working experience in the trained fields” is changed to “…have at least 3 years of working experience suitable to the position in which the foreign worker is expected to work in Vietnam”.

Vietnam-work-permit

3.The provisions at point b, clause 4, Article 9 of Decree No. 152/2020/ND-CP:

The term “certificate” has been added, and previously issued work permits are considered as proof for experts and technical workers in the application for a Vietnam work permit: “The documents proving that the expert or technical worker specified in Clauses 3 and 6, Article 3 of this Decree, are: Diploma, degree, certificate; A written certification from an agency, organization or enterprise in a foreign country about the number of years of experience of the expert, technical worker or the issued work permit to prove the experience.” In short, previously issued work permits and certificates are now accepted as proof of work experience.

4.Allow foreign workers with valid Vietnam work permits to be sent to work in another province or city for a period not exceeding 6 months without having to renew the work permit. However, the employer must report to the labor department where the foreign workers came to work.
5.The Ministry of Education and Training has been tasked with collaborating with MoLISA to provide further guidance and qualifications for foreign teachers’ teaching at short-term training centers, high schools, vocational training centers, and universities following international best practices.
6.Notarization requirements for passports have been removed, a copy of a valid passport as prescribed by law is sufficient.
7.Research and proposal to the competent authorities in September 2021 on allowing enterprises and cooperatives to negotiate with employees to increase overtime hours per month in accordance with the situation of the COVID-19 pandemic, with the condition that the total number of overtime hours does not exceed 300 hours/year.

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More modifications are in the process

Regarding the creating favorable conditions for foreign workers in Vietnam, Mr. Le Quang Trung – former Deputy Director in charge of Employment Department, Ministry of Labor, Invalids and Social Affairs (MoLISA) – said: “With this group of workers, administrative procedures related to granting and renewal of Vietnam work permits are “open”. We are constantly making modifications to meet new requirements.”

According to Mr. Trung, the immediate need is to accelerate the application of information technology in issuing Vietnam work permits. Enterprises with foreign experts will carry out procedures online. In addition, businesses need to research thoroughly the regulations on foreigners working in Vietnam to prepare carefully.

Source: Vietnam Briefing, bqlkcn.phutho.gov, Thu vien phap luat, Laodong.vn

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