New regulations on licensing foreign workers in Vietnam

The Vietnamese Government on August 7 issued a decree stipulating regulations on foreigners working in Vietnam, including new provisions regarding the issuance of their work permits.

Under the new regulations, the application dossier for a work permit includes a written document from the employer explaining the need to employ foreign workers and requesting the issuance of a work permit, using Form No.03 in the Appendix issued together with this decree.

The new decree stipulates that within 10 working days from the date of receiving the dossier, the competent authority shall consider and issue the work permit to the foreign emplyee.

In cases where the request is not approved or the work permit is not issued, a written response stating the reasons must be provided within three working days.

Regarding the authority to issue work permits, the decree stipulates that the provincial-level people's Committees shall have the competence to issue, reissue, extend, and revoke work permits.

The new document adds some cases in which foreign workers are exempt from obtaining a work permit if they are confirmed by ministries, ministerial-level agencies, or provincial-level People's Committees to enter Vietnam to work in the fields of finance, science, technology, innovation, national digital transformation, and other priority sectors for socio-economic development.

Those eligible for the exemption includes foreign journalists engaged in press activities confirmed by the Ministry of Foreign Affairs; those sent by foreign competent agencies or organizations to Vietnam to teach, manage, or act as executive directors at educational institutions established at the request of foreign diplomatic missions, intergovernmental organizations in Vietnam, or institutions established under international treaties to which Vietnam is a signatory or participant.

Foreign students, learners, and trainees studying at schools or training institutions in Vietnam or abroad who have internship agreements or work invitation letters from employers in Vietnam, and trainees and interns working on Vietnamese seagoing vessels are also entitled to the exemption.

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