Loosen regulations on sending and dispatching foreign workers in Vietnam
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Legal grounds
– 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.
Loosen regulations on sending and dispatching foreign workers in Vietnam
Decree 152/2020/ND-CP does not mention the case of sending, dispatching or seconding to work in another city. In fact, the Department of Labor of some provinces and cities requires the issuance of a new work permit in the province or city where foreigners move to work; which causes many difficulties and delays in obtaining a work permit; issue permits to employees, affecting production and business plans of enterprises.
Therefore, Government Resolution No. 105/NQ-CP stipulates:
“Allow foreign workers who granted a valid and valid work permit sent, transferred; or seconded to work in another province or city for a period not exceeding 06 months; and the employer must report to the labor management agency; where the foreign worker comes to work without having to renew the work permit.”
The relaxation of a number of regulations on administrative procedures related to the issuance of work permits to foreigners as above in order to meet new requirements expected is a “float” to save businesses in the face of difficulties; negative impacts of the Covid pandemic; contributing to stabilizing production and stabilizing the economy.
Conditions for foreign workers to work in Vietnam
Firstly, have professional qualifications, skills, and health suitable to the job requirements
Secondly, not being 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 are not allowed 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
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.
According to current regulations of law, the employee has the right to unilaterally terminate the contract without reason but must give notice within a definite period of time to the employer. Therefore, the Employee can unilaterally terminate the labor contract ahead of time.
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