11 cases do not require approval of local authority on demand for use of foreigner working in Vietnam

11 cases do not require approval of local authority on demand for use of foreigner working in Vietnam

I. Employers have demand for use of foreigner working in Vietnam must obtain the approval of local authority on need to employ foreigners working in Vietnam according to Decree No. 152/2020/ND-CP December 30, 2020 (Decree 152), except for the case specified in Clause II below, which stipulates 11 cases do not require approval of local authority on demand for use of foreigner working in Vietnam.

At least 30 days before the expected date of employment of foreigners, the employer (except for contractors) is responsible for determining the demand for use, employment of foreigners working in Vietnam for each position, jobs that Vietnamese employees cannot satisfy and report to the Ministry of Labor, War Invalids and Social Affairs of Vietnam or local  People”s Committees of the provinces or cities where the foreigner is expected to work according to Form No. 01/PLI Appendix I promulgated together with Decree 152.

During the implementation process, if there is a change in demand for foreigners working in Vietnam, the employer must report to the Ministry of Labor, War Invalids and Social Affairs of Vietnam or the People”s Committee of the province or Cities according to Form No. 02/ PLI Appendix I promulgated together with Decree 152 at least 30 days in advance from the expected date of employment of foreigners working in Vietnam.

II. There are 11 cases which do not require approval of local authority on need to use foreigner working in Vietnam:

1.Foreigners are the owner or a capital contribution member of a limited liability company where the value of the capital contribution is 3 billion Vietnam Dong or more

2.Foreigners being a shareholder being the chairman or a member of the board of management of a joint stock company where the value of the capital contribution is 3 billion Vietnam Dong or more

3.Foreigners enter Vietnam to work as a manager, managing director, expert or technician for a working period of less than 30 days not more than three times per year.

4.Foreigners  enter Vietnam to implement an international agreement signed by a central or provincial level  agency or organisation in accordance with the law;

5.A student currently studying at a school or training establishment overseas and who has an agreement for practical training at an agency, organisation or enterprise in Vietnam, or a student performing practical training on Vietnamese vessels.

6.Relations of members of a foreign representative agency in Vietnam who are permitted to work according to an international treaty of which Vietnam is a member.

7.Foreigners having a service passport working for a State agency, political organisation or socio-political organisations.

8.Foreigners in charge of setting up the commercial presence of an organisation in Vietnam.

9.Foreigner is the Head of a representative office, project or the person in charge of the operation of an international organizations or a foreign non-governmental organization in Vietnam.

10. Foreigner enters Vietnam for a period of less than 03 months to do marketing of a service.

11.Foreigner enters Vietnam for a period of less than 03 months to a resolve complicated technical or technological issue which (i) affects or threatens to affect business operation and (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.

The Ministry of Labor, War Invalids and Social Affairs of Vietnam or the People”s Committee of the province or Cities shall issue a written approval or disapproval on demand for use, employment of foreigners working in Vietnam for each job position according to Form No. 03/PLI Appendix I promulgated together with Decree 152 within 10 working days from the date of receipt of the report explaining or explaining the change in demand for foreigners working in Vietnam.

LAWYER VIETNAM LAW FIRM- Vietnamese Lawyers