Loosen regulations on conditions for foreign workers in Vietnam

by BichNgoc

Today, LSX Lawfirm will give you an article about: “Loosen regulations on conditions for foreign workers in Vietnam”, as follows:

– Resolution No. 105/NQ-CP on supporting businesses, cooperatives and business households in the context of the Covid-19 epidemic

– Decree No. 152/2020/ND-CP Regulations on foreign workers working in Vietnam; and recruiting and managing Vietnamese employees working for foreign organizations and individuals in Vietnam.

Overview of the context of loosening regulations on conditions for foreign workers in Vietnam

Work permits for foreigners are a topic of great interest to many people today. In the context of the Covid epidemic; the demand for foreign workers to return to Vietnam to work continues to increase. Moreover, our country’s enterprises are also short of positions of managers, experts, and executives in key projects.

In fact, the implementation of Decree 152/2020/ND-CP on the management of foreign workers in Vietnam is causing a significant burden on businesses; especially the private sector because of regulations. The regulations are still strict on qualifications and professional capacity of foreigners, documents proving experts…

Therefore, in order to create favorable conditions for foreign workers to come to Vietnam to work; the Government requires the Ministry of Labor; War Invalids and Social Affairs to flexibly and relax a number of regulations; and conditions on licensing. work permits for foreigners, suitable for the new context. Accordingly, Government Resolution No. 105/NQ – CP issued on September 9, 2021 has changed a number of regulations of Decree 152/2020/ND – CP. Specifically.

Loosen regulations on conditions for foreign workers in Vietnam

  • For experts who are foreign workers

Clause 3, Article 3 of Decree No. 152/2020/ND-CP stipulates that experts who are foreign workers must have a university degree or higher; or equivalent and have at least 3 years of working experience in the field of training; suitable to the job position that the foreign worker expected to work in Vietnam.

Resolution No. 105/NQ-CP has removed the requirement of “having at least 3 years of working experience in the field of training”, instead only requiring foreign experts to “have a university degree or higher or equivalent”; and have at least 3 years of working experience relevant to the position that the foreign worker expected to work in Vietnam”

  • For technical workers who are foreign workers

Regulations at Point a, Clause 6, Article 3 of Decree No. 152/2020/ND-CP: “Training in technical or other majors for at least 1 year and working for at least 3 years in the trained specialty.” 105/NQ-CP amended by Resolution No. 105/NQ-CP to: etc. have at least 03 years of working experience suitable to the position in which the foreign worker is expected to work in Vietnam”.

Conditions for foreign workers to work in Vietnam

Firstly, have professional qualifications, skills, and health suitable to the job requirements

Secondly, does not a criminal or being examined for penal liability in accordance with Vietnamese and international law.

Thirdly, have a work permit issued by a competent Vietnamese state agency

Moreover, employees who are foreign citizens working in Vietnam must comply with the Vietnam Labor Law; international treaties to which Vietnam is a contracting party, and other regulations protected by Vietnamese law. 

Conditions for recruiting foreign workers to work in Vietnam

Domestic enterprises, agencies, organizations, individuals, and contractors may only recruit foreign workers to do management; executive director, expert, and technical work – positions in which foreign workers do not allow to work. Vietnamese enterprises cannot meet the requirements of production and business

Before recruiting foreign workers to work in the Vietnamese territory, enterprises, agencies, organizations, individuals; and contractors must explain their demand for labor use and obtain written approval from competent state agency.

Related article: Conditions for recruitment of foreign workers under Vietnamese Law

Does the company have to pay health insurance for foreign workers?

Related questions

How long is it allowed for foreign workers who have been granted a valid work permit to be sent, dispatched or seconded to work in another province or city?

Allow foreign workers who have been issued with valid work permits to be sent, transferred or seconded to work in other provinces and cities for a period not exceeding 06 months.

Are experts who are foreign workers required to have a university degree or higher or equivalent and have at least 3 years of working experience in the field of training?

No. Resolution No. 105 / NQ-CP has removed the requirement “having at least 3 years of working experience in the field of training”, instead only requiring foreign experts to “have a university degree or higher or equivalent”. “. and have at least 3 years of working experience in line with the position that the foreign worker is expected to work in Vietnam”

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Loosen regulations on conditions for foreign workers in Vietnam”. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

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