In accordance with the Decree No. 11/2016/ND-CP dated February 03, 2016 of the Government detailing the Regulations on the implementation of a number of Articles of the Labor Code regarding foreign workers in Vietnam, the workers 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 are not exempted from work permits.
Beside foreign experts and managers…as above regulations, the cases are exempted from the work permits such as the workers are internally reassigned in the companies which engage in 11 service industries in the Vietnam’s WTO commitments on services, including: business, communication, construction, distribution, education, environment, finance, health, tourism, culture, entertainment and transportation; the workers enter Vietnam to implement international agreements to which central or provincial agencies and organizations are signatories in accordance with the law; and workers are holders of Official Passports for working in state agencies, political organizations or sociopolitical organizations…
The employer shall request the Service of Labor, War Invalids and Social Affairs of the province where the planned working place of foreign workers is located to certify that such foreign workers are eligible for exemption from work permits at least 07 working days before the day on which they start to work, the duration of a certification of foreign worker’s eligibility for exemption from work permits shall not exceed 02 years. . Within 15 working days from the day on which the foreign worker is pronounced working in Vietnam without the work permit, the Service of Labor, War Invalids and Social Affairs shall request the police agency to expel such foreign worker.
Also in accordance with this Decree, an expert means a foreign worker who has a document certifying that he/she is an expert of an overseas agency, organization or enterprise; or 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 in corresponding with the job position that he/she shall be appointed in Vietnam and other special cases. Before recruiting foreign workers, the contractor shall specify the quantity, qualifications, professional capacity and experience of foreign workers that are needed for executing the contract in Vietnam and send written request for the recruitment of Vietnamese workers to the job positions available for foreign workers (enclosed with the investor’s certification) to the Chairperson of the Provincial People’s Committee where the contract is executed.
This Decision takes effect on April 04, 2016
