Summary
New regulations regarding work entitlements for foreign
employees came into force on 1 November 2013 and are now being implemented by
some Departments of Labor - Invalids and Social Affairs (DOLISA). The
Departments have started to request that a written pre-approval letter from the
Chairman of city/provincial People’s Committee be included in the work permit
application.
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| Pre-approval prior to using foreign workforce in Vietnam is mandatory. |
In addition, stricter qualification requirements for experts
have been set out. In general, an expert is someone with at least five years’
experience in a similar industry and position overseas, in addition to holding
a university degree or equivalent.
The Government has also issued a new decree to implement
sanctions of deportation of foreigners who violate the laws of Vietnam, which
take effect from 17 November 2013. Sponsoring entities may be required to bear
costs relating to the deportation where the foreigners being deported do not
have the financial ability to pay these costs
Decree 102
Pre-approval prior to using foreign workforce in Vietnam is
mandatory.
Pre-approval from the Chairman of the city/provincial
People’s Committee is now being requested by some DOLISAs as part of the work
permit application submission process. This is unusual as the guiding circular
has not yet been issued.
At this stage, there is no template or procedure for the
approval request. The timeline for getting written pre-approval from the
relevant authority is also unknown. In practice, the authority verbally advises the employer it
can submit the request for pre-approval to city/provincial DOLISAs so that they
can assist to get the acceptance from the Chairman of the city/provincial
People’s Committee. It is understood that employers can only lodge the work
permit application after receiving the written pre-approval from the
authorities.
Many changes in practice are expected until the guiding
circulars are introduced.
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