The Vietnamese government issued Decree 152/2020/ND-CP on December 30, 2020, and the decree came into force on February 15, 2021. Decree 152/2020 covers provisions concerning the regulation of foreigners employed in Vietnam, recruitment, and management of Vietnamese staff working for individuals and companies.
In this article, we will highlight some of the essential things about the Vietnam work permit that foreigners should take note of.
Critical Changes of Vietnam Work Permit that Foreigners Should Know
Here we summarize some of the main points in Decree 152/2020/ND-CP
1. Addition of New Concepts
The Vietnamese government introduced a few new concepts in this decree that the previous legislation didn’t include. These new concepts are “service offeror” and “service under contract.”
Service offeror is a foreign employee who does not receive income and does not live in Vietnam. This foreigner only represents a service provider for the negotiation of service consumption, provided neither personally selling that service to the general public nor personally providing that service.
Service provider under contract is a foreign staff who has fulfilled the criteria as an expert and has worked for a minimum of 2 years for a foreign organization. This foreign company that the foreign staff work for shall not have any commercial presence in Vietnam.
2. Amendments Regarding the Transfer of Foreign Employees within the Organization
A foreign company can only transfer a foreign worker within the organization provided that the foreign workers meet the following requirements:
- The foreign worker is an intra-company transferee. An intra-company transferee is a foreign company’s manager, expert, executive, or technical staff. The foreign company must already have a commercial presence in Vietnam, and the foreign worker is only transferred temporarily.
- The foreign company has employed the foreign staff for at least 12 consecutive months prior to the transfer date.
3. Additional Cases for Foreign Workers to Be Considered Experts
Under the new decree, foreigners can be considered experts in their fields when they possess one of the following experiences and qualifications:
- Have at least three years of experience in a specialized field relevant to the job position and at least a bachelor’s degree or equivalent.
- Have at least five years of experience in a specialized field pertinent to the job position and a practicing certificate in corresponding with the job position that he/she will be appointed in Vietnam.
- Special cases that are subject to the Prime Minister’s decision.
4. Additional Cases for Foreigners to Be Considered Technical Workers
Foreigners are considered technical workers for a foreign company when they have one of the following qualifications:
- Have received training in a relevant technical field for a minimum of 12 months and at least three years of work experience related to its training
- Have a minimum of 5-year experience that is relevant to the job position in Vietnam
5. Extra Provisions Regarding Dossiers, Conditions, and Work Permit Extension
The old decree only stated the Vietnam work permit re-issuance process but not Vietnam work permit renewal. However, the new Decree 152/202 has now added provisions concerning the work permit extension and renewal.
6. Increase of Work Permit Exemption Cases
Foreigners have a higher possibility of being exempted from the work permit requirement when they meet the new decree’s expanded conditions. The certificate for work permit exemption is valid for a maximum of 2 years. Foreigners can extend the certificate of work permit exemption for another two years.
How Cekindo can Assist
It’s always wise that you don’t delay your Vietnam work permit application. The reason is Vietnam’s rigorous requirements concerning foreigners getting into the country.
The application process is not difficult, but it can be confusing or tedious due to the constant change of Vietnam regulations. Hence, it can be incredibly challenging for first-time applicants.
Therefore, Cekindo highly recommends that you seek professional guidance from our team of experts to ensure a hassle-free work permit application.
Our experienced team is dedicated to providing excellent and personalized Vietnam work permit application service that suits your different needs depending on your industry.
Need our assistance? Speak to us today. Fill in the form below.