On 23rd October, in Hanoi, the Ministry of Labour, Invalids and Social Affairs (MOLISA) and the Ministry of Industry and Trade (MOIT), within the framework of MUTRAP project, held a consultation workshop on the Draft Circular providing regulations on the basis and procedure to certify that a foreign employee is a corporate transferee and exempted from work permit.
Member of the EuroCham HR & Training Sector Committee, Mr. Laurent Quistrebert (Resident Vietnam), and Mr. Le Anh Tuan (Siemens) attended the workshop and voiced the industry concerns. At the workshop, the revised draft was also introduced. With this new draft, some of the industry concerns were taken into account; however, few still remain unclear.
As shared by Mr. Quistrebert, regarding the question of how Department of Labour, Invalids and Social Affairs (DOLISA) identify that the sectors indeed correspond with the CPC Code of the WTO Scheudle, MOIT responded that DOLISA will be provided with the list of codes issued from the system of economic branches of Vietnam. The new draft circular also said that MOIT will be responsible to address questions and concerns in case of potential issues at DOLISA level on the identification.
Regarding the concern of “… was recruited for the company 12 month before as minimum”, the MOLISA and MOIT representative shared the concern and would try to amend the provision in the decree to make sure DOLISA consider all cases of intra company transfers.
The final circular is expected to be issued before December this year.
For your reference:
DRAFT CIRCULAR detailing the basis and procedure to certify that a foreign employee is an intra-corporate transferee and exempt from Work permit (3rd version)