The Government of Vietnam recognizes the fact that businesses are pivoting towards relocating or downsizing due to the present lockdown in Vietnam & restricted visa rules, and uncertainty over living with the COVID-19 in the future. Hence, to combat these challenges, the government has issued Resolution 105/NQ-CP on September 9 to support businesses, cooperatives, and household businesses affected by COVID-19. The resolution gives further amendments to ease current visa restrictions in order to open up the border once again to foreign direct investors and business visa holders.
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This article will discuss in detail all the aspects of Resolution 105 and what it means for Vietnam immigration for Q4 2021.
Objectives of Resolution 105 for Vietnam’s Economy
The main objectives of Resolution 105 are:
- Recover and expand production while guaranteeing safe Covid-19 prevention and protection;
- Support and timely resolution of challenges and bottlenecks impeding production and business activities, as well as a reduction in the number of businesses, families, and co-operatives that have temporarily ceased operations, dissolved, or gone bankrupt; and
- Implement policies on tax/fee extension, exemption, or reduction, as well as policies to support employers and employees, to help enterprises, cooperatives, and business households receive credit support; assist those who have suspended their operations due to Covid-19 to re-open.
Resolution 105 for Vietnam Immigration and Visa
According to the Ministry of Labour, Invalids, and Social Affairs (MOLISA), 101,550 foreign laborers were working in Vietnam as of early April 2021, with almost 12% holding management positions, over 8% being chief executive officers, and 58% being specialists. Managers and specialists for major projects were the most common job profiles that businesses were actively looking for. To help businesses recruit foreign experts, the government took proactive measures by easing several regulations and conditions on the grant, extension, and confirmation of work permits for foreign workers in Vietnam (1).
Moreover, the government has requested the Ministry of Labor, Invalids, and Social Affairs under the new Resolution 105/NQ-CP to instruct provincial labor authorities to ease current administrative procedures and requirements on the issuance and re-issuance of work permits for foreign nationals among other measures to support businesses.
Since the implementation of Decree 152/2020/ND-CP for regulating foreigners’ Work Permit in Vietnam, the Government has introduced additional clauses under Resolution 105 as advocated by the Vietnamese business sector (2).
Qualification Documents Requirements For Experts/Specialists And For Technicians:
- Previous work permits from Vietnam will be recognized as proof of the applicant’s experience when applying for a new work permit.
- Graduation certificates will also be considered as proof of the applicant’s qualifications.
- A copy of the applicant’s passport does not need to be legalized anymore.
- For specialists and experts: Having a bachelor’s degree or higher degree, as well as at least 3 years of relevant work experience for the role the foreign worker is expected to fill in Vietnam.
- For technicians and skilled workers, there are a variety of options. Having completed at least 1 year of technical or other training and at least 3 years of work experience related to the employment role the foreign worker is expected to fill in Vietnam.
Transferring From One Province to Another Temporarily
The government proposes allowing foreign employees with a valid Vietnam work visa in one province to be temporarily transferred/assigned to work in another province for up to six months without having to get a new work permit in that jurisdiction. Only the work location must be reported to the provincial labor authorities by the employer/host company.
Procedure for Compulsory Quarantine and Medical Surveillance
As per Resolution 105, the Government of Vietnam instructed the Ministry of Health to create processes for safe medical surveillance so that provincial authorities can apply uniformly for laborers arriving at their provinces by September 2021.
In addition, Vietnam has lowered the central quarantine period to 3 days, from 7 days, for individuals arriving in the country fully vaccinated (New update on Official Dispatch No. 10688/BYT-MT)
Foreign visitors must be vaccinated at least 14 days before arrival with the latest Coronavirus vaccination recognized globally. One should also have tested negative for the virus within 72 hours before the arrival. After quarantine, they will be asked to monitor their health for a week.
Temporarily Halting Redundant Audits
Resolution 105 further demands that non-prioritized audits at businesses, business houses, and co-operatives, which were scheduled for 2021, be temporarily halted. The audits can be conducted when the Covid-19 pandemic has been brought under control.
Resolution 105 is interpreted as a strong message from the Vietnamese government to prepare for a rapid return to normalcy in the economy. The new resolution includes more flexible rules on work experience, work licenses, expert visas in Vietnam, and passports for foreign workers. However, investing or making an entry in Vietnam as a specialist worker requires professional counsel and expert assistance.
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