Some new changes of regulation for granting work permits to foreigners

 Some new changes of regulation for granting work permits to foreigners as per Decree No. 102/2013/ND-CP dated 09/05/2013 of the Government detailing the implementation of a number of articles of the Labor Code on employment of foreigners working in Vietnam takes effective from 1 Nov 2013 and replace Decree 34/2008/NĐ-CP and 46/2011/NĐ-CP.

16 cases in which foreigner working in Vietnam is exempt from work permits

 Firstly, there are 16 cases which foreigner working in Vietnam is not required to have work permits, including:

1. Capital contributing member or owner of a limited liability company.
2. Member of the board of management of a shareholding company.
3. Head of a representative office or of a project of an international organization or non-governmental organization in Vietnam.
4. Entering Vietnam for a period under three (3) months in order to offer services.
5. Entering Vietnam for a period under three (3) months in order to resolve an incident [breakdown] or technically or technologically complex situation arising and affecting, or with the risk of affecting production or business with which Vietnamese experts or foreign experts currently in Vietnam are unable to deal.
6. A foreign lawyer issued with a certificate to practice law in Vietnam in accordance with the law on lawyers.
7. In accordance with provisions of an international treaty of which Vietnam is a member.
8. A student studying in Vietnam and working in Vietnam, but the employer must provide seven (7) days advance notice to the provincial labor State administrative authority.
9. A foreigner transferring internally within an enterprise [and] within the scope of the List of Commitments on Services of Vietnam with WTO comprising these 11 services: business services; information services; construction services; distribution services; education services; environment services; financial services; medical services; tourism services; culture and entertainment services; and transportation services under the guidance of the Ministry of  Industry and Trade.
10. A foreigner coming to Vietnam to provide expert and technical consultancy services or to undertake other tasks servicing research, formulation, evaluation, monitoring and assessment, management and implementation of a program or project using official development aid (ODA) in accordance with provisions or agreements in an international treaty on ODA signed by the competent authorities of Vietnam and of the foreign country respectively.
11. A foreigner issued with an operational licence in the information and press [sector] by the Ministry of Foreign Affairs in accordance with law.
12. Teachers of agencies, organizations being the foreign competent authorities of that country sent to Vietnam to teach at international schools under the management of the foreign diplomatic missions or international organizations in Vietnam. This case must be certified by the foreign diplomatic missions or international organizations in Vietnam.
13.  Volunteers, this case must be certified by the foreign diplomatic missions or international organizations in Vietnam.
14. The person has a master”s degree or higher or equivalent carries out consultancy, teaching, scientific research at the university, vocational training institutions with college degrees no longer than 30 days; These institutions have written confirmation of foreign workers perform consulting work , teaching and scientific research.
15. Foreign workers coming to Vietnam to implement international agreements that state agencies at the central, provincial agencies and central political social organizations signed in accordance with law. These agencies notify in writing the competent authority for granting work permits for foreign laborers in Vietnam to implement the international agreements that agencies and organizations have signed.
16. Other cases decided by the Prime Minister at the proposal of the Ministry of Labor - Invalids and Social Affairs.

 Therefore, this Decree added 6 cases in which foreigner working in Vietnam is exempt from work permit, includes:

1. In accordance with provisions of an international treaty of which Vietnam is a member.
2. A student studying in Vietnam, working in Vietnam, but the employer must provide seven (7) days advance notice to the provincial labor State administrative authority.
3. Teachers of agencies, organizations being the foreign competent authorities of that country sent to Vietnam to teach at international schools under the management of the foreign diplomatic missions or international organizations in Vietnam. This case must be certified by the foreign diplomatic missions or international organizations in Vietnam.
4.  Volunteers, this case must be certified by the foreign diplomatic missions or international organizations in Vietnam.
5. The person has a master”s degree or higher or equivalent carries out consultancy, teaching, scientific research at the university, vocational training institutions with college degrees no longer than 30 days; These institutions have written confirmation of foreign workers perform consulting work , teaching and scientific research.
6. Foreign workers coming to Vietnam to implement international agreements that state agencies at the central, provincial agencies and central political social organizations signed in accordance with law. These agencies notify in writing the competent authority for granting work permits for foreign laborers in Vietnam to implement the international agreements that agencies and organizations have signed.
 

 Otherwise, this Decree removed two cases in which foreigner working in Vietnam is exempted from work permit:

1. A foreigner entering Vietnam to work for a period of less than three (3) months.
2.  A foreigner entering Vietnam to offer services from over 3 months and over .

A foreigner entering Vietnam to work for a period of less than three (3) months must be required work permit

 The most importance note of some new changes of regulation for granting work permits to foreigners is that a foreigner entering Vietnam to work for a period of less than three (3) months is required to have work permit. Moreover, each work permit has only a maximum period of 2 years (currently 3 years) and will be withdrawn upon expiration. If the business still needs to employ foreign workers must apply for work permit applicants to this person. Files submitted to the Labor Department of where work permit issuance before the expiry of 5 to 15 days.

 The Ministry of Labor Invalid Social Affairs provide the guidance to implement in connection with Circular 03/2014/TT-BLĐTBXH.

 Related posted texts:

- Foreign worker exempt from work permit must be confirmed by local Labour Department, Click here

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