The government has issued the Decree No. 102/2013/ND-CP of elaborating some articles of the labor code on foreign workers in Vietnam on September 05, 2013.
According to this decree, in addition to 06 cases of foreign workers working in Vietnam under the current regulations (including implementation of the labor contract; moving within the enterprise; implementation of economic, trading, financial contracts or agreements, service providers under contracts, service offering, working for foreign non-governmental organizations), the Government adds 04 other cases that can work in Vietnam, including volunteers, the person responsible for the establishment of commercial presence, managers, executives, experts, skilled labor and the person participating in packages and projects in Vietnam.
Decree No102 also extends the two cases considered the employers of foreign workers, including business unions, associations legally established and business households and individuals allowed to operate by law.
Employers in Vietnam shall be responsible to report their demand and seek approval from the Chairman of the People Committees of provinces and centrally-run cities for using foreigners for each specific position where Vietnamese nationals cannot meet the employer聮s requirements
The employees moving within the enterprise to a commercial presence in the territory of Vietnam are exempted from applying for the work permit if they have been recruited before that at least 12 months, or they are foreign experts who are recognized as experts or skilled labor with Bachelors degree or higher and at least 05 years of experience, technicians of at least 01 years of specialized training and at least 03 years of experience.
According to this decree, foreign workers granted work permits shall not be criminals or liable to criminal prosecution according to Vietnam聮s law and the foreign country聮s law. The foreign workers that provide medical examination, medical treatment in Vietnam, or work in education and vocational training must meet the conditions for provision of medical examination, medical treatment, education and vocational training of Vietnam聮s law.
The duration of a work permit shall not exceed 02 years and based on the duration of the labor contract to be signed, the duration of the contract or agreement between the Vietnamese partner and the foreign partner.
The Department of Labor, War Invalids and Social Affairs of the province where the foreign worker works or of the province where the employer's head office is situated receives application and issues this permit.
