Immigration update: Vietnam | New decree impacting foreign workers

The new decree 152/2020/ND-CP issued on 30 Dec 2020 regarding the change to foreign employees working in Vietnam and the recruitment, management of Vietnamese employees working for foreign employers in Vietnam.

Who will be affected?

• All foreigners working in Vietnam
• All foreigners applying for a work permit in Vietnam

Background

The new Decree 152/2020/ND-CP dated 30th December 2020 will replace the current Decree No. 11/2016/ND-CP dated February 3, 2016, amended by two additional decrees in 2018 & 2014.

Impact

CHANGES TO WORK PERMIT APPLICATION

1. “Intra- company transferee” means a manager, executive, expert or technical worker of a foreign company which has established a commercial presence in Vietnam’s territory who is temporarily transferred within the company to the commercial presence in Vietnam’s territory and has been recruited by the foreign company at least 12 consecutive months prior to the transfer date.

2. “Expert” means a foreign worker who:

• obtains at least a bachelor’s degree or equivalent and at least 03 years’ experience in his/her training In the field corresponding with the job position/job assignment that he/she will be appointed to in Vietnam;
• obtains at least 5 years’ experience and a practicing certificate corresponding with the job position that he/she will be appointed to in Vietnam

3. “Technical worker” means a foreign worker who:

• obtains at least a bachelor’s degree or equivalent and at least 03 years’ experience in his/her training field corresponding with the job position/job assignment that he/she will be appointed to in Vietnam;
• obtains at least 5 years’ experience and a practicing certificate corresponding with the job position that he/she will be appointed to in Vietnam;

FOREIGN WORKERS EXEMPT FROM WORK PERMITS

Applicants entering Vietnam holding a position of manager, executive, expert or technical worker for a period of work for less than 30 days at a time and up to 3 times a year.

RE-ISSUANCE OF WORK PERMIT

Applying for lost, damaged and updating of full name, nationality, passport number or working place of unexpired work permit.

RENEWAL OF WORK PERMIT

• Process: 5 working days instead of 3 working day currently
• Only renewed once for a period of up to 2 years.

REVOCATION OF WORK PERMIT

• Within 15 days after the work permit ceases to be effective, the employer shall revoke the work permit of the foreign worker and return it to the Ministry of Labour, War Invalids and Social Affairs with reasons for revocation. In cases where a hard copy cannot be returned, then reasons must be provided.
• Within 5 working days after receiving the said work permit, local authorities shall send an acknowledgement of receipt of the revoked work permit to the employer.

Implementation

This Decree comes into force as of February 15, 2021.

Santa Fe Analysis

There is no circular issuing guidance to the changes by the authorities, hence each Province may apply the changes inconsistently. Santa Fe are currently monitoring the situation and will provide an update.

Should you have any questions, please contact the followings:

Trang Nguyen
Immigration Manager – Vietnam
Santa Fe Relocation
Vietnam
D: +84 (0) 3933 0065
E: trang.nguyen@santaferelo.com

Robert Day
Group Head of Immigration Operation
Santa Fe Relocation
London, UK
D: +44 7990 021125
E: robert.day@santaferelo.com

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