Management regulations on foreign employees in VN

Question: What are the conditions for foreign employees to work in Viet Nam in accordance with Decree 11?

Answer: Decree 11 detailed the implementation of some articles of the Labor Code on foreign employees working in Viet Nam. The new decree replaced Decree 102/2013/ND-CP, dated September 5, 2013 and Item 4a of Resolution No. 47/NQ-CP, dated July 8, 2016.

At least three years of experience

Under Decree 11, a foreign employee working in Viet Nam as an expert needs to have at least three years of experience in specialized area (instead of at least five years of experience as previously stated in Decree 102); to hold a written confirmation that he/she is an expert of any foreign agency, organization, enterprise; to be trained in line with the proposed job position in Viet Nam and to have a university degree, an equivalent or higher. The exceptional cases shall be considered and decided by the PM.

Additional cases beyond any work permit grant

Decree 11 added some cases in which a foreign employee works in Viet Nam beyond any work permit grant as follows:

• Being confirmed by the Ministry of Education and Training as a teacher and researcher in the educational, training institutions in Viet Nam;
• Working in Viet Nam as a professional, a manager, an executive director or a technical employee with the working duration of less than 30 days and a cumulative total of no more than 90 days in one year;
• Pupils and students studying in the schools, training institutions abroad under the internship agreement with any agency, organization, enterprise in Viet Nam;
• Relatives of any member of the foreign missions working in Viet Nam after obtaining a license from the Ministry of Foreign Affairs except otherwise stated by the international treaties to which the Socialist Republic of Viet Nam is a member;
• Holding any official passport to work for any state agency, political organization, socio-political organization;
• Holding any official passport to work for any state agency, political organization, socio-political organization.

Determining demand for employee recruitment

Decree 11 added the provisions that the employer does not need to perform the explanatory report to the People’s Committee Chairman of the centralized province, city where the foreign employee intends to work in accordance with the provisions for some cases where the foreign employee doesn’t need any work permit while working in Viet Nam.

The aforesaid cases include (i) foreign employee working in Viet Nam as a professional, a manager, an executive director or a technical employee with the working duration of less than 30 days and a cumulative total of no more than 90 days in one year; (ii) pupils and students studying in the schools, training institutions abroad under the internship agreement with any agency, organization, enterprise in Viet Nam; (iii) coming to Viet Nam for less than three months to offer services; (iv) coming to Viet Nam for less than three months to handle any incident, any complicated technological, technical situation that arises, affects or threatens to affect production and business, which cannot be handled by foreign experts currently working in Viet Nam; (v) pupils and students studying and working in Viet Nam.

Duration of work permit granting

The time limit for any work permit granting was shortened from ten working days to seven.

The Department of Labor, Invalids and Social Affairs shall issue a work permit for foreign employee after receiving qualified application for a work permit.

In case of no work permit, the Department shall issue a written reply which clearly states the reason for refusal./.