8 Notable Changes on Vietnam Work Permit – Valid From Tomorrow April 1st, 2016

JUST 1 DAY LEFT, Decree No. 11/2016/ND-CP detailing regulations on implementing a number of articles of the Labor Code regarding foreign workers in Vietnam will officially come into effect from Tomorrow – April 01,2016. There are 8 notable changes (compare to Decree 102/2013/ND-CP) which you need to pay attention to:

1. Definition of Job Position for foreign workers:
+ Manager position: Manager of an enterprise means a manager of a company or a manager of a private enterprise, comprising the owner of a private enterprise, an unlimited liability partner, the chairman of a members’ council, a member of a members’ council, the chairman of a company, the chairman of a board of management, a member of a board of management, a director or general director, and an individual holding another managerial position, who is authorized to enter into transactions of the company in the name of the company as stipulated in the charter of the company
+ Expert/ Specialist: Foreign employees are deemed as specialists when they satisfy one of the following requirements:

• When the said employee is in possession of a written document that verifies their position as a specialist of an office, organisation or enterprise overseas.
• When the said employee has a minimum of a university degree or a certificate of equivalent value, and no less than three years’ experience working in a specialised field appropriate to his or her expected position in Viet Nam. Other special cases shall be examined and decided by the Prime Minister.

2. Foreigners exempted from work permit is extended to: Experts, individuals holding management positions, or technicians working in Vietnam less than 30 days per period and the total accumulated working days in Vietnam is less than 90 days per year.
3. If a foreigner has been residing in Vietnam, ONLY criminal record issued in Vietnam is required for work permit application purposes.

4. Special cases on Vietnam Work Permit Re-issuance

• Foreign labors holding valid Vietnam Work Permit can do the same job position for another company and apply for Work Permit Re-issuance.
• Foreign labors holding valid Work Permit change their job position in company also can apply for Work Permit Re-issuance.
• Foreign labors holding a nearly expired Vietnam Work Permit still do the same job position registered in Work Permit can apply for Work Permit Re-issuance in case they have confirmation letter on having Work Permit revoked.

5. Work Permit Application must be submitted at least 15 days before working, compared to the current 7 days.
6. Work permit renewal application can be submitted within 45 days before the expiry date of the work permit, instead of 15 days.
7. Processing time for the issuance of work permit is shortened from 10 to 7 working days from the submission date of the work permit application.
8. The processing time for re-issuance of the work permit is reduced from 5 to 3 working days.

For any information related to procedures for issuance, re-issuance of the work permit; Work Permit Exemption Certificate according to the new Decree coming into effect from April 1, 2016, please feel free to contact Vietnam-legal.com.

Vietnam-legal.com supports:
– Consulting for Work Permit issuance/ re-issuance, and Work Permit Exemption Certificate for foreign labors working in Hanoi, Bac Ninh, Hung Yen, Vinh Phuc, Thai Nguyen, Hai Phong, Ho Chi Minh city, Binh Duong.
– Consulting for Vietnam Visa, Visa Extension, Temporary Residence Card for foreign labors who hold valid Vietnam Work Permit or Work Permit Exemption Certificate.