On December 30th, 2020, The Government issued Decree No. 152/2020/ND-CP on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam, details are as follows:
- New regulations on Experts who are foreign workers
“Expert” means a foreign worker who:
- Obtains at least a bachelor’s degree or equivalent and at least 03 years’ experience in his/her training field in corresponding with the job position/job assignment that he/she will be appointed in Vietnam;
- Obtains at least 5 years’ experience and a practicing certificate in corresponding with the job position that he/she will be appointed in Vietnam;
- Special case subject to the decision of the Prime Minister according to a request of the Ministry of Labor, War Invalids, and Social Affairs.
Therefore, the expert certifying document from foreign agencies, organizations, enterprises is no longer applicable.
- Supplementing news cases that do not require any determination of foreign workers utilization when the Employers of foreign workers appoint foreign workers to the following position:
- He/she is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong;
- He/she is the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong;
- He/she is the Head of the Representative Office, project or in charge of activities of international organizations and foreign non-governmental organizations in Vietnam;
- He/she takes charge of establishing a commercial presence.
- Supplementing news cases that are exempted from carrying out the issuance of “Certification of exemption from work permit”
- Foreigners get married to a Vietnamese citizen and wish to reside in Vietnam;
- He/she is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong;
- He/she is the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong;
- Accompanying members of foreign representative bodies in Vietnam as regulated in Point l Clause 1 Article of this Decree:
For cases that employer is not required to apply for the certification of exemption but still, he/she must report the Ministry of Labor, War Invalids and Social Affairs or Provincial Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work, at least 3 days before such foreign worker starts to work in Vietnam, on the following statement of his/her full name, age, nationality, passport number, name of employer, starting date and completion date.
- Supplementing news regulation on Report on employment of foreign worker
Prior to July 5th and January 5th of the following year, the employer of foreign workers shall send a first-half-year report and an annual report on the employment of foreign workers, using Form No. 07/PLI Appendix I hereto appended. The reporting period of the first 6 months is from December 15th of the previous reporting year to June 14th of the reporting year, the reporting period of the annual report is from December 15th of the previous reporting year to December 14th of the reporting year.
In addition, this Decree also has changed regulations on the Paperwork. Implementation procedures of “Certification of exemption from work permit”, issuance, renewal procedures of “Work Permit”.
This Decree takes effect from February 15th, 2021 and replaces Decree No. 11/2016/ND-CP issued by the Government on February 3rd, 2016
