The Government this month issued Decree No. 11/2016/ND-CP, on licensing of foreign workers in Vietnam.
Under this Decree, to obtain a work permit in Vietnam, a foreign employee must have full civil act capacity and be fit for his job. He must also be a manager, executive officer, specialist or technician and neither be a criminal nor examined for penal liability under Vietnamese or foreign law. In addition, his employment must be approved in writing by a competent Vietnamese authority.
The Decree also prescribes the procedures and order for grant of work permits. Specifically, at least 15 working days before a foreign employee is expected to start working, his employer must submit an application for a work permit to the Department of Labor, War Invalids and Social Affairs of the locality where the employee will work.
Within seven working days after receiving a complete application dossier, the Department of Labor, War Invalids and Social Affairs will grant a work permit to the foreign worker. In case of refusal, it will issue a reply clearly stating the reason.
The duration of a work permit must not exceed two years.
This Decree will take effect on April 1, 2016, and replaces Decree No. 102/2013/ND-CP of September 5, 2013, and Point a, Section 4 of the Government’s Resolution No. 47/NQ-CP of July 8, 2014.