April 26, 2021

Progress on Work Permits for Foreigners

On 20 April, EuroCham and its Human Resources & Training Sector Committee (HR&TSC) attended a workshop organized by the Centre for Trade Promotion and Investment (ITPC) and the Ho Chi Minh City Department of Labour Invalids and Social Affairs (HCMC DOLISA) to discuss the issue of work permits for foreigners following the introduction of Decree 152/2020/ND-CP (Decree 152) by the Government. This event followed a letter HR&TSC sent to MOLISA on 26 March on this issue.
   
During the discussion, it was confirmed that a new work permit granted under Decree 11 cannot be renewed under the terms of that Decree. Instead, applicants must follow the new regulations as set out in Decree 152. In practice, this means that after a four-year period – two for the initial work permit and two for the renewal – foreign workers can still be granted a new work permit following the procedures set out in Article 9 of Decree 152. During this time, the applicants are not required to leave Vietnam or to change their job title.
  
     
Foreign workers can submit an application for a work permit either as intra-corporate transferees, or as managers, executives, experts or technical workers. Meanwhile, their academic degree is not required to be directly relevant to their job position, with relevant degrees also acceptable as per Article 3.3 of the Decree.
   
However, some issues remain unresolved following the meeting. The first is whether a new work permit granted under Decree 11/2016/ND-CP (Decree 11) can be renewed under Decree 152, which replaced Decree 11. The Ministry of Labour, Invalids and Social Affairs (MOLISA) is considering this. Second, also under consideration is whether DOLISA will accept current work permits – granted under Decree 11 – as a supporting document to prove foreign workers’ qualifications and experience. Third, MOLISA has not provided guidance to DOLISA that it should accept certificates of experience from Vietnamese companies; just from foreign enterprises.
  
   
Other issues raised between HR&TSC and HCMC DOLISA on 20 April included stricter requirements for companies wishing to recruit foreign workers. These applicants must provide clear explanations for the reasons their posts cannot be filled from the Vietnamese workforce – such as listing 10 job requirements – following Article 152.1 of the Labour Code. Meanwhile, details of foreign-issued degrees must be classified according to Vietnamese classifications; the term of the labour contract must align with that of the work permit; and the date of the appointment letter must be after the date which DOLISA accepted the enterprise’s request to recruit a foreign worker, as per Article 152 of the Labour Code.
    
Concluding the meeting, HCMC DOLISA noted the concerns of EuroCham and the HR&TSC members and promised to report them to MOLISA for their consideration and that of the Government. EuroCham will continue to monitor this issue as it develops and keep our members updated in our discussions with the relevant Central and local authorities.
   
Members might be interested in working with EuroCham and its HR&T SC to further advocate for the topic:
and in attending our upcoming event on this topic to learn more about work permits under the new regulations.
 

Read the Decree 152 in ENGLISH and VIETNAMESE

More News

See all

September 29, 2023

Green growth takes center stage at Vietnam Green Building Week

Read more

September 29, 2023

[CORPORATE SUPPORT] BASF Vietnam and partners rebuild seventh school for 100 students

Read more

September 29, 2023

EuroCham attends discussions on the draft decree pertaining to the 2023 Tendering Law

Read more

September 29, 2023

EuroCham unveils upcoming Green Economy Forum (GEF) 2023 at Hanoi press conference

Read more

September 29, 2023

[CORPORATE SUPPORT] Nestlé ranks first in coffee sustainability

Read more

September 28, 2023

Empowering Vietnam’s agricultural sector: EuroCham attends seminar on innovation for export competitiveness in agriculture

Read more

September 28, 2023

EuroCham Transportation and Logistics Sector Committee Meets with Ba Ria-Vung Tau Customs

Read more

September 22, 2023

EuroCham Vietnam attended National Assembly’s Vietnam Socio-Economic Forum 2023: Reinforcing Internal Capacity for Sustainable Growth

Read more

September 22, 2023

EuroCham Medical Devices and Diagnostics Sector Committee (MDDSC) joined ASEAN Common Submission Dossier Template Workshop

Read more

September 22, 2023

EuroCham’s collaborative meetings with the EU Ambassador-Designate Julien Guerrier

Read more

September 22, 2023

EuroCham Vietnam extended a warm welcome to French Ambassador to Vietnam H.E .Olivier Brochet

Read more

September 22, 2023

EuroCham Vietnam joined a launch of the “Circular Economy & Pioneering Models” book

Read more

September 21, 2023

EuroCham Vietnam hosts an exclusive evening to welcome EU Ambassador-Designate to Vietnam

Read more

September 15, 2023

EuroCham engages in a productive dialogue with the Administrative Procedures Control Agency and Reform (ACAPR)

Read more

September 15, 2023

A resounding success: Vietnam International Sourcing Expo 2023 and the EU-VN Trade Forum

Read more

September 15, 2023

[Event recap] EuroCham Women in Business Sector Committee hosted successful Roundtable on Gender Pay gap with Fulbright Professor Graeme Walker

Read more

September 15, 2023

[Sector Committee spotlight] Food, Agri and Aqua Business Sector Committee (FAABS)

Read more

September 14, 2023

Ho Chi Minh City Economic Forum 2023 and the 100 CEOs -Tea Connect spotlight green growth and net zero initiatives

Read more

September 12, 2023

EuroCham Vietnam engages in key talks with Luxembourg delegation to bolster EU-Vietnam economic relations

Read more

September 08, 2023

EuroCham participates in an inaugural meeting of Government Taskforce on Administrative Reforms (APR)

Read more

September 08, 2023

[CORPORATE] First Bayer ForwardFarm of Southeast Asia launched in Vietnam

Read more

September 08, 2023

EuroCham contributes to a critical discussion on attracting foreign investment in high-technology and promoting technology transfer

Read more

September 07, 2023

EuroCham Food, Agri, and Aqua Business Sector Committee (FAABS) explores sustainable aquaculture solutions at Skretting Factory in Long An

Read more

August 31, 2023

EuroCham delegation visits Bac Giang to discuss EU-Vietnam business trends

Read more

August 25, 2023

EuroCham Green Growth Sector Committee spotlights blue-green infrastructure solutions

Read more

August 25, 2023

EuroCham Vietnam engages authorities and state-owned enterprises to drive green growth and spotlight GEF 2023

Read more

August 25, 2023

[SUPPORTED EVENT] Nestlé Vietnam – Innovation and sustainability bring competitive advantages in business

Read more

August 25, 2023

[Sector Committee spotlight] Legal Sector Committee (LSC)

Read more

August 24, 2023

EuroCham’s Tourism and Hospitality Sector Committee visits Binh Thuan to explore tourism promotion collaboration

Read more

August 24, 2023

[Event recap][Business Luncheon] Mid-year review and Forecast for the second half of the year On the Vietnamese Economy

Read more

Pour une expérience optimale, veuillez tenir votre mobile à la verticale !

Platinum Partners

Gold Premium Partners

Gold Partners

Silver Partners

Premium Service Partners