Relaxation of regulations covering the process of applying for a Work Permit/Work Permit Exemption in Vietnam from September 2021
1. Introduction
Since the middle of 2021, the situation in Vietnam with the COVID-19 outbreak grew more complex, resulting in further difficulties for enterprises and foreign individuals.
To assist with removing difficulties and obstacles caused by the negative impact of the COVID-19 epidemic, as well as to support the market, the Government issued Resolution No. 105/NQ-CP dated 9 September 2021, on the provision of assistance for enterprises, cooperatives, and household businesses in the face of the COVID-19 pandemic (“Resolution 105”).
This article provides information about relaxation of elements for the process of applying for a Work Permit/ Work Permit Exemption in Vietnam. This change is intended to fulfill one of the goals of Resolution 105 – supporting in creating favourable conditions for foreign employees of the enterprises in Vietnam.
2. Changes in the provisions of the law
The Government’s guideline required the Ministry of Labour, Invalids, and Social Affairs (“MOLISA”) to instruct and mentor local administrative authorities in September 2021 to relieving a number of regulations and conditions on the issuance, extension, and confirmation of Work Permits for foreign individuals working in Vietnam. The changes include:
| Item | Content | Before Resolution 105 | After Resolution 105 |
| 1 | The definition of an expert | · Having a university degree or higher (or equivalent); and · Having least 3 years’ experience in the field corresponding with the job position/job assignment that he/she will be appointed in Vietnam | · Having a university degree or higher (or equivalent); and · Have at least 3 years of work experience corresponding with the job position/job assignment that he/she will be appointed in Vietnam |
| 2 | The definition of a technical worker | · Having been trained in a technical or another specialisation major for at least 1 year; and · Having at least 3 years working in the trained speciality | · Having been trained in a technical or another specialisation major for at least 1 year; and · Having at least 3 years’ experience in corresponding with the job position/job assignment that he/she will be appointed in Vietnam |
| 3 | Documents proving that the foreign individual is an expert or a technical worker | Diplomas, certificates, written certifications of agencies, organisations and enterprises abroad about the number of years of experience of experts and technical workers | Diplomas, certificates, written certifications of agencies, organisations and enterprises abroad about the number of years of experience of experts and technical workers; or Issued Work Permit |
| 4 | Regulations on passport copies in the application for Work Permit/Work Permit Exemption | Authority requires a notarised copy of a valid passport as prescribed by law | Authority only requires a copy of a valid passport as prescribed by law |
| 5. | In addition, the authority allows foreign employees who have been issued with a valid Work Permit to be sent, dispatched or seconded to work in another province or city for a period not exceeding 6 months and the employer must report to the labour management authority where the foreign worker comes to work without having to renew the Work Permit. | ||
3. Vieter comments:
In general, the above changes partly help enterprises and the foreign employees with the easing of certain elements in the process of applying for a Work Permit/Work Permit Exemption.
Specifically:
- The changes in item 3 recognise that the authorities accept a previously issued Work Permit in Vietnam as a document to prove working experience. This will assist foreign individuals who have been working in Vietnam for a long time and who have no contact with previous foreign employers since they come here.
- The changes in items 1 and 2 can assist those who have graduated but whose career does not conform to the major they have studied, when removing the requirement that the training major of the university degree must be related to the field of study for their job position.
However, please note that the above changes are only implemented where the provincial labour management authority issues an official document to recognize this in each province/city. We have seen some provinces/cities implementing this process, in particular Hanoi, with their Official Letter No. 5202/TB-SLDTBXH dated 15 September 2021 implementing the above changes in the area of Hanoi.
For Ho Chi Minh City, although MOLISA issued the above guidelines, as at November 2021, HCMC DOLISA does not appear to have taken any specific action to apply these guidelines. We will monitor and seek to update when there are relevant instructions from the authority.
For item 5 we assume that there will be specific regulations issued in the near future for enterprises to report to the labor-management authority about foreign employees who have valid Work Permits/ Work Permit Exemptions to work in another province or city for a period (not exceeding 6 months).
By: An Nguyen Loc Huynh
