Alert on new immigration regulations in Vietnam

At the end of last year, the Government of Vietnam officially issued the long-awaited Decree No.152/2020/ND-CP (“Decree 152”) providing guidance on implementation of some articles of the Labor Code No. 45/2019/QH14 regarding foreign workers working in Vietnam and recruitment and management of Vietnamese laborers working for foreign organizations or individuals in Vietnam. Decree 152 already taking effect from 15 February 2021. 

Work permit exemption cases Decree 152 clarifies certain cases exempt from work permit, which include the following:

• Foreigners married to Vietnamese citizens and living in Vietnam
• Owners or shareholding members of limited liability companies with a capital contribution of VND3 billion or more
• Chairpersons or members of the Board of Directors of joint-stock companies with a capital contribution of VND3 billion or more
• Foreign experts, managers, CEOs, skilled workers going to work in Vietnam for less than 30 days per trip and no more than three trips per year
• Foreigners coming to Vietnam to set up a commercial presence of a foreign entity in Vietnam
• For what we mentioned above, the Vietnamese sponsoring organizations are not required to complete the work permit exemption certification procedure but still need to report to the labor authorities at least three days in advance of the commencement of work in Vietnam.

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