Spotlight on APAC Series: Vietnam

In our spotlight on APAC series we round up the latest developments across Asia Pacific.  In this post we look at the recent changes to the Work Permit process and requirements in Vietnam.

Vietnam

Foreign nationals are now affected by significant changes to the Work Permit process and requirements in Vietnam.  The changes are the result of an amendment to Decree 152 (now incorporated into Labour Decree No. 70).

Notable updates include:

• A shift in emphasis towards consideration of relevant experience rather than specific degree qualifications for foreign experts and technicians, along with additional documentary requirements for Managers and Executives.
• Effective 1 January 2024 sponsoring entities in Vietnam must submit evidence of a labour market test at least 15 days prior to hiring a foreign national.  This measures closely follows labour marketing testing in a number of jurisdictions where protection of the resident workforce is prioritised.
• The Department of Labour, Invalids and Social Affairs and the Ministry of Labour, Invalids and Social Affairs (MOLISA) are now the exclusive authorities with responsibility for approving, issuing and managing foreign labour demands, work permits and exemption certificates in Vietnam.

Despite some relaxation in regulations and application procedures, Decree No. 70 remains focused on safeguarding job opportunities for the Vietnamese workforce and protection of the resident labour market. Thus aligning with Decree 152 recent enforcement trends in immigration compliance.  This focus may pose challenges for employers in justifying the necessity for engaging for nationals over local labour.

Employers seeking to send staff into Vietnam should plan well in advance for the new advertising requirements and understand all obligations to remain compliant with Immigration law and policy.

For more information on these updates or for assistance in planning for your global immigration needs please contact [email protected] or [email protected].