Vietnam Issues New Guidelines on Foreign Employees

Effective 1 November 2013, Decree 102/2013/ND-CP, issued by the
Vietnamese Government, provides guidelines on the implementation of
provisions of the labour code on the management of foreign nationals
working in Vietnam. This new decree replaces Decree 34/2008/ND-CP and
Decree 46/2011/ND-CP.

Summary

1. Description about ‘Experts and Technical labourers’

Previously in Decree 34/2008/ND-CP only managers, executive directors
or experts were eligible for work permits. The new decree includes
‘technical labourers’.

Definition of technical labour: Must be qualified with at least one
year’s study in a technical field and a minimum of three years’
experience in a relevant field.

2. Demand on Employing Foreign Nationals

Employers are responsible to determine their demand on employing
foreign nationals for specific position(s) where Vietnamese nationals
cannot meet the employer’s requirements. Employers must seek approval
from the Chairman of People’s Committee of the province/city where the
company’s head office is located. This should be done each year and
during the year if any changes are made.

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