Some positive changes of Vietnam work permit regulations for foreign workers

Vietnam Legal — Fri, 21 Dec 2018 02:48:57 +0000

On 8 October 2018, the Government issued Decree No. 140/2018/ND-CP (“Decree No. 140”) to amend and supplement existing decrees on investment conditions and administrative procedures under the authority of the Ministry of Labour, Invalids and Social Affairs (“MOLISA”). In particular, Decree No. 140 changes some of the regulations on foreigners working in Vietnam under Decree No. 11/2016/ND-CP dated 3 February 2016 (“Decree No. 11”).

This update focuses on the following key changes introduced by Decree No. 140:

1. Additional work permit exemption

A foreign national who is responsible for establishing a commercial presence in Vietnam is exempt from the requirement for a work permit.

Relatives of members executing their functions in foreign missions in Vietnam who are permitted to work in Vietnam in accordance with the International Treaties to which Vietnam is a signatory.

2. Additional case exempted from identifying the demand for foreign workers

Chief of representative offices and director of projects of international organizations or non-governmental organizations in Vietnam.

Relatives of members executing their functions in foreign missions in Vietnam who are permitted to work in Vietnam in accordance with the International Treaties to which Vietnam is a signatory.

3. Changes in paperwork and processing timeline

A certified copy of a passport is no longer required for a work permit application. A copy is sufficient.

A list of foreign employees specifying their full name, age, gender, nationality, passport number, starting and ending employment dates and job position is no longer required when applying for a work permit exemption certificate.

A work permit will be issued within five working days from the date of submission.

4. Revocation process of the work permit

Employers are no longer required to return the invalid work permits of foreign employees to the local authority and the Ministry of Labor, Invalids and Social Affairs (MOLISA) no longer has a responsibility to collect permits or issue cancellation certificates.

5. Option on authority to submit applications

Enterprises with operations in more than one location can select submit all of the relevant applications to the MOLISA.

In summary, Decree No. 140 is consistent with MOLISA’s intention to improve the regulation of foreign workers in Vietnam. The changes introduced by Decree No. 140 also prove the Government’s commitment to advancing business opportunities in the country.