EnglishAccording to the Ministry of Labor, War Invalids and Social Affairs, as of the beginning of April 2021, there are 101,550 foreign workers in Vietnam, of which employees holding managerial positions account for nearly 12%, and CEOs are more than 12%. 8% and the largest are experts with 58%.
According to a survey by the Ministry of Labor, War Invalids and Social Affairs on the situation of foreign workers wishing to return to work during the COVID-19 epidemic prevention and control period, most of the workers that businesses are short of are positions of project managers and experts in key projects.
In addition to Decree No. 11/2016/ND-CP, effective from April 01, 2016, detailing the implementation of granting work permits to foreign nationals working in Viet Nam, foreigners who wish to work in Vietnam should take note for the following new points about the issue of work permits:
1. For an expert position, a foreign worker only needs to meet one of the following two conditions:
• Has a bachelor’s degree or equivalent or higher qualifications provided that he/she has worked at least 03 years in his/her training field;
• Has a document certifying that he/she is an expert of an overseas organization or enterprise.
2. For foreign workers who are managers or executive officers if they meet the following conditions:
• Managers are persons in charge of managing the companies as regulated in Clause 18 Article 4 of the Enterprise Law or heads or vice-heads of agencies or organizations;
• Chief executive officers are the heads who directly manage subordinate units of agencies, organizations or enterprises.
3. The cases exempt from applying for the work permits
• The foreigners who enter Vietnam to hold the positions of experts, managers, chief executive officers or technicians for a period of under 30 days and an accumulated working period of under 90 days per year, do not need to apply for a work permit;
• Students who are studying in schools or training institutions in foreign countries execute their practicum at agencies, organizations or companies in Vietnam upon agreements.
In the Decree No. 152/2020/ND-CP and Resolution No. 105/NQ-CP on supporting enterprises, cooperatives and business households in the context of the COVID-19 epidemic newly issued, clearly stated the creation of favorable conditions for workers and experts.
The Ministry of Labor, War Invalids and Social Affairs will direct localities to flexibly and relax some regulations and conditions on the issuance, extension and certification of work permits for foreign workers. in Viet Nam.
Accordingly, the regulations allow foreign workers who have been issued work permits and are still valid to be sent, mobilized or seconded to work in another province or city for a period not exceeding 06 months and the employer must report to the labor management authority where the foreign worker comes to work without having to renew the work permit.
* Please refer to Decree No. 152/2020/ND-CP here.
