(Hanoi, 8th, Comprehensive News) The Vietnamese government yesterday issued Decree No. 219 regarding foreigners working in Vietnam, introducing several new regulations on the issuance of permits for foreign workers in Vietnam.
The new decree merges the employer's explanation on the need for foreign workers into the work permit application documents. Application materials include: an explanation of the need for foreign labor and an application form filled out in the prescribed format; a health certificate (issued by a qualified Vietnamese medical institution, or by a foreign institution with a mutual recognition agreement with Vietnam, which is valid for no more than 12 months); a valid passport; judicial record certificate or no criminal record confirmation valid for no more than six months; and relevant documents proving the nature of the work.
According to the decree, the processing time for work permits is extended to 10 working days (previously 5 days). If not approved, a written explanation for the refusal must be provided within three days.
The provincial People’s Committee is responsible for handling permits and related procedures for foreign workers working locally; if the work involves multiple provinces or cities, the application is handled by the People’s Committee where the employer’s head office is located.
The decree additionally stipulates that foreign laborers invited to Vietnam to work in priority areas such as finance, science and technology, innovation, digital transformation, and socio-economic development, and confirmed by ministries, ministerial-level agencies, or provincial People’s Committees, may be exempt from obtaining a work permit.
Exempted targets include: situations prescribed in Article 154, Sections 3-8 of the Labor Law; owners or members of limited liability companies with a capital contribution of 300 million VND or above; chairmen or members of the board of directors of joint stock companies with a capital contribution of 300 million VND or above; those coming to provide professional or technical consultancy services or perform tasks related to official development assistance projects; foreign journalists confirmed by the Ministry of Foreign Affairs, etc.
Other exempted targets include: those appointed by a foreign institution to take up teaching or management positions in educational institutions established upon the recommendation of diplomatic missions or intergovernmental organizations in Vietnam; foreign students who are studying in or outside Vietnam and have signed internship agreements with Vietnamese employers; relatives of diplomatic mission staff; holders of official passports; volunteers working in Vietnam voluntarily, without pay, under international treaties.
In addition, managers, executive directors, experts, and technical workers whose total working time in Vietnam does not exceed 90 days in a year, or employees internally transferred by foreign enterprises who have been employed consecutively for 12 months in one of the 11 service sectors committed by the WTO, may also be exempt from a work permit.
Personnel confirmed by the Ministry of Education and Training to be engaged in the teaching, research, and transfer of international education programs in Vietnam, or to take up management positions in educational institutions established upon the recommendation of foreign diplomatic missions or intergovernmental organizations, also enjoy the exemption.
This regulation came into effect as of yesterday.