What Changes In Vietnam Work Permit?

A new guideline on work permit concerning foreign employment was implemented by the Vietnam Government on 1 November 2013, which brought many changes in terms of work permit application procedures. Any employers and foreigners that wish to work in Vietnam should keep abreast with those new rules to avoid making errors in procedures. Here are some changes you may want to take notice.

Work permit exemption

Previously, there are many cases of foreign workers who are exempt from obtaining work permits: head representative of office or branch of an international company; in a company’s board of the corporation; working less than 3 months or lawyers that are given permission. Now for those coming to Vietnam and staying for less than 3 months, they are just exempt from work permit if they are assigned to work in Vietnam  to handle complicated technical or technological issues that cannot be solved by Vietnamese experts.

Beside, per the new regulations, some new cases exempt from obtaining work permit are added:

• Teachers of foreign agencies and organizations sent to work in international schools managed by foreign agencies.
• Volunteers
• Holders of master or higher degrees who are consultants, teachers or scientific researchers at higher education establishments or vocational junior colleges for less than 30 days
• Foreigners entering Vietnam to implement international agreements to which central stage agencies, provincial state agencies, and central socio-political organizations are signatories. 
• Foreign experts implemen­ting ODA programs and projects.

Note: Instead of applying for work permits, foreigners in the above cases must submit their application dossier to the Department of Labor, Invalid and Social Affairs of the province or city where they are employed for certification. The new procedures must be completed seven working days prior to the commencement of the foreign worker’s work.

Work permit requirements

A number of classifications of foreign workers have been accepted in the new regulations. Foreign technicians, those working for international organizations or implementing vocational training, people in charge of the establishment of commercial presences, volunteers are no longer restricted to work in Vietnam. That may be good news to foreigners working in those fields. 

Employers who want to hire foreign workers have to prove their requirements as well as explain why Vietnamese can’t replace their foreign counterparts. Besides, employers also have to get approval from the provincial chief before hiring foreign workers. Annually, employers determine their demand in the number of foreign employees in every position and then send a report to the Chairperson of the Municipal People’s Committee. Only after receiving a Committee’s approval, the employers start their recruitment. Foreigners found working without work permits will be deported in 15 days.

Length of work permit

The new regulations reduced the validity of work permits for foreign workers from three to two years. Furthermore, when your work permit is expired, you can’t apply for an extension but have your permit re-issued. 

If you have any questions, do not hesitate to contact our HR outsourcing service.