New Decree for Work Permit , Effective 1 April 2016

A new decree number 11/2016/ND-CP dated 03 Feb 2016 has been published to define the employment and work permit conditions for foreign workers in Vietnam and will go into effect 1 April 2016.

Key Changes in the Work Permit Process:

Definition of a Foreign Expert revised as someone who has:

 Recognition as an expert in writing by a foreign organization or

  • Bachelor’s degree (or higher) and at least three (03) years of work experience in their field

 Definition of a Foreign Executive, Operation Director/Manager understood as:

  • Executive is the chief or deputy of the organization.
  • Operation Director/Manager is the department head and responsible for the department operation.

Definition of a Foreign Technician revised as someone who has:

  • Technical training or other specialized training at least one (01) year and at least three (03) years of work experience in their field.

Foreigners qualify for Work Permit Exemptions under the following conditions:

  • Working in Vietnam for less than 30 days per visit and less than 90 days per year.
  • Studying at schools or training institutions abroad while interning in Vietnam.

Demand of Foreign Labour Report

  • No Demand of Foreign Labour Report is required for Foreigner working in Vietnam for less than 30 days per visit and less than 90 days per year. There is also no Demand of Foreign Labour Report for studying at schools or training institutions abroad while interning in Vietnam.

Health and Criminal Background Checks

  • Health certificates will be accepted from both Vietnamese and offshore healthcare providers, and will be valid for 12 months instead of 6.
  • Criminal Background Checks will be accepted either from a foreign country or in Vietnam if the foreigner resided in Vietnam.
  • Simplify Application Documents for Foreigner who owns or used to have a Work Permit

Timelines

  • Statutory time for issuing a work permit is reduced from 10 days to 7.
  • Work permit renewal applications is accepted up to 45 days before the expiration of the existing permit, compared to the current 15 days.
  • Work permit De-registration: Work Employer is responsible to withdraw the invalid work permit and return to the DOLISA. The DOLISA acknowledges the work permit de-registration in writing.

Should you have any questions, please contact the following offices:

Thao Dong

Visa & Immigration Consulting Services Manager

Santa Fe Relocation Services Vietnam

Tel: (84-8) 3933 0065 Ext. 842

Thao.Dong@santaferelo.com

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