The Ministry of Labour, War Invalids and Social Affairs (MOLISA) issued a circular (No. 03/2014/TT-BLDTBXH dated 20 January 2014) containing implementation guidelines for a Government Decree (No. 102/2013/ND-CP) that deals with foreigners working in the country.
Need to employ
An employer wanting to recruit foreigners should, at least 30 days prior to the date of recruitment, directly send a report explaining its need to the Department of Labour, War Invalids and Social Affairs (DOLISA) in the province or city where the employer has its head office. The report should contain details of positions, the number of people, qualifications, experience, salary and duration of employment.
Any employer who has received approval for employing foreigners should also directly report any changes in requirements to the relevant DOLISA. The report should explain any amendments or additions and must be submitted at least 30 days prior to the scheduled date of recruitment of a new or extra foreign employee, or the replacement of a current foreign employee.
DOLISA must notify its decision to the employer within 15 days of receiving the report.
Work permit documents
Circular 03 also lists the documents needed to request work permits for foreigners hired to work as managers, executive directors, experts or technicians.
(1) For the designations of manager or executive director, the following are needed:
(a) Documents proving the foreigner is a manager or executive director such as work permit, labour contract or an appointment decision; or
(b) Documents confirming that the foreigner is a manager or executive director from an agency, organization or enterprise where the foreigner has worked.
(2) For the designation of expert, the following are required:
(a) Documents proving the foreigner has the equivalent of a professional or bachelors degree or higher qualification; has at least five years' experience working in the specialty he/she has trained in and that is appropriate to the position the foreigner will occupy in Viet Nam; or
(b) Documents confirming that the foreigner is an expert with a competent overseas agency, organisation or enterprise.
(3) For the designation of a technician, the following are required:
(a) Documents from a competent overseas agency, organization or enterprise proving or confirming that the foreigner has received at least one year's training in his/her technical specialty; and
(b) Documents proving that the foreigner has at least three years of experience working in the technical specialty he/she was trained in and that is appropriate to the functions the foreigner is proposed to discharge in Viet Nam.
Work permit not needed
The employer must directly submit to the concerned DOLISA a written statement confirming that the foreigner to be hired is not in the category where work permits are required. DOLISA must confirm this.
The foreign employee must hand in his/her work permit to the employer within two days of it being revoked.
The employer must send to the DOLISA that issues the work permit a notification of signing labour contract and a copy of the signed labour contract.
Within three days of the work permit being revoked, the employer must directly send to the concerned DOLISA the revoked document. If the actual work permit cannot be recovered, the employer must provide a written notification specifying the reasons.
If the foreigner holding the work permit is appointed, transferred or sent to work in another branch, representative office or establishment of the employer either within or outside the same locality for at least 10 days within a month or at least 30 accumulated days within a year, then the employer must provide the concerned DOLISA with a written notice of such details including the designation of the employee and a copy of the work permit.
The Circular took effect on March 10, 2014, replacing MOLISA Circular No. 31/2011/TT-BLDTBXH (November 3, 2011).