Resolution No. 105/NQ-CP – Easing regulations related to work permits for foreign labour in Vietnam
05 Oct 2021
According to The Ministry of Labor, War Invalids and Social Affairs (“MOLISA”), from the beginning of April, Vietnam has about 101,550 foreign workers working in Vietnam. In which, foreign workers at management positions account for nearly 12%, those at executive position are more than 8% and those at expert position are the largest with 58%.
Foreign workers currently working in Vietnam come from 110 countries and territories. The majority of foreign workers are from China, South Korea and Japan,… and concentrate in big cities or large industrial zones such as Hanoi, Ho Chi Minh City, Bac Giang, Long An, Binh Duong,… According to the survey of the MOLISA, many foreign workers need to return Vietnam to work in the situation of the complicated Covid-19 pandemic, and many enterprises in Vietnam are lacking a lot of positions such as managers, experts, etc.
On 9 September 2021, the Vietnamese Government issued Resolution No. 105/NQ-CP (“Resolution 105”) on supporting enterprises, co-operatives and business households in the context of the Covid-19 pandemic.
As part of the Resolution 105, some notable solutions are proposed relating to labour and foreign experts, specifically Easing regulations on the issuance, extension and certification of work permits for foreign labour in Vietnam
The MOLISA are asked, within September 2021, to instruct provincial competent authorities to implement flexibly and relax some conditions on the issuance, extension and certification of work permits for foreign labour in Vietnam, namely:
1. The provisions within Point a, Clause 3, Article 3 of Decree 152/2020/ND-CP shall be implemented as follows: Having a university degree or above or an equivalent and having at least 3 years of work experience relevant to the position that the foreign worker is expected to undertake in Vietnam.
==> In this regard, to loosen the conditions for a foreign expert, the degree is not connected to the job position that the foreign labour will undertake in Vietnam
2. The provisions within Point a, Clause 6, Article 3 of Decree 152/2020/ND-CP shall be implemented as follows: Having been trained in a technical or other specialized discipline for at least 1 year and having at least 3 years of work experience relevant to the position that the foreign worker is expected to undertake in Vietnam.
==> As such, the training field does not have to relate to the role or relevant experience.
3. The provisions within Point b, Clause 4, Article 9 of Decree 152/2020/ND-CP shall be implemented as follows: Documents affirming experts and technical workers as prescribed in Clauses 3 and 6, Article 3 of this Decree are: Diploma, certificate, confirmation letter; a written certification from an agency, organization or enterprise in a foreign country about the number of years of experience of the expert, technical worker, or a previously issued work permit to prove the experience.
==> Therefore, previous issued work permits are now accepted as documentation affirming the experience of an expert or technical worker.
4. The provisions within Point d, Clause 3, Article 8; Clause 7, Article 9; Clause 5, Article 17 of Decree 152/2020/ND-CP shall be implemented as follows: a pure copy of the valid passport
==> It replaces the requirement of submitting the certified copy by a pure copy of the passport when lodging the Work Permit application.
5. Also Resolution 105 allows foreign workers who have been granted work permits that are still valid to be sent, dispatched or seconded to work in another province or city for a period not exceeding six months without having to re-apply for a work permit. The employer must report to the labor management agency where the foreign workers have come to work.
Resolution 105 is effective from 9 September 2021.
To get more specific support and guidance in issuance, re-issuance and renewal of Work Permit or Certificate of work permit exemption, please feel free to contact Vietnam-legal.com.
Source: KPMG & Laodong.vn