The Decree detailing a number of articles of the Labor Code regarding foreign workers in Vietnam has just issued. This Decree details the implementation of the Labor Code regarding the grant of work permits to foreign citizens who work in Vietnam and the expulsion of foreign citizens who work in Vietnam without a work permit.
According to the stipulation, before recruiting foreign workers, a contractor shall declare the number, professional qualifications and capacity and experience of foreign workers to be employed to perform a bidding package in Vietnam and send a written request for recruitment of Vietnamese workers in the working positions expected to be held by foreign workers (enclosed with the project owner’s certification) to the chairperson of the provincial-level People’s Committee of the locality where the contractor performs the bidding package.
When the contractor wishes to change or increase the number of workers already declared, the project owner shall certify the plan on change or increase of the number of workers to be employed by the foreign contractor.
Foreign workers defined in Clauses 1 thru 8, Article 172 of the Labor Code. Other cases in which foreign workers are exempted from work permit:
+ Intra-corporate transferees within 11 service sectors in Vietnam’s Schedule of WTO Commitments on Services, including business, communication, construction, distribution, education, environment, finance, health, tourism, entertainment and transportation;
+ Foreigners who enter Vietnam to provide professional and technical consultancy services or perform other tasks serving the research, formulation, appraisal, monitoring and evaluation, management and implementation of official development assistance (ODA)-funded programs and projects according to ODA treaties concluded between competent authorities of Vietnam and foreign countries;
+ Foreigners who are licensed by the Ministry of Foreign Affairs to carry out information and press activities in Vietnam in accordance with law;
+ Foreigners who are sent to Vietnam by competent agencies or organizations to teach or carry out researches at international schools managed by foreign diplomatic missions or international organizations in Vietnam, or who are permitted by the Ministry of Education and Training to teach or carry out researches at education and training institutions in Vietnam;
+ Volunteers as certified by foreign diplomatic missions or international organizations in Vietnam;
+ Foreigners who enter Vietnam to work as specialists, managers, executives or technical workers for fewer than 30 days per entry and have their total working period not exceeding 90 days in a year;
+ Foreigners who enter Vietnam to implement international agreements signed by central- or provincial-level agencies or organizations in accordance with law;
+ Students in overseas schools or training institutions which have agreements on apprenticeship in agencies, organizations or enterprises in Vietnam;
+ Relatives of members of Vietnam-based foreign representative missions who work under licenses granted by the Ministry of Foreign Affairs, unless otherwise provided by treaties to which the Socialist Republic of Vietnam is a contracting party;
+ Foreigners who have official passports to work for state agencies, political organizations or socio-political organizations;
+ Other cases as decided by the Prime Minister at the proposal of the Ministry of Labor, War Invalids and Social Affairs.
A dossier of request for certification of eligibility for exemption from work permit must comprise: A written request for certification of foreign workers’ eligibility for exemption from work permit; A list of foreign workers with their full names, ages, gender, citizenship, passport numbers, starting and ending dates of working, and working positions; Papers proving foreign workers’ eligibility for exemption from work permit; Papers proving foreign workers’ eligibility for exemption from work permit may be either copies enclosed with their originals for comparison or certified copies; if being made in a foreign language, they shall be exempted from consular legalization but be translated into Vietnamese and certified in accordance with Vietnamese law.
Within 3 working days after receiving a complete dossier of request for certification of eligibility for exemption from work permit, the provincial-level Department of Labor, War Invalids and Social Affairs shall send a written certification to the employer. In case of refusal, it shall issue a written reply clearly stating the reason.

Dossier of application for a work permit
1. A written application for a work permit, made by the employer according to regulations of the Ministry of Labor, War Invalids and Social Affairs.
2. A health certificate issued by a competent foreign or Vietnamese health establishment within 12 months prior to the date of dossier submission.
3. A judicial record card or a written certification showing that the foreign worker is neither criminally convicted nor examined for penal liability, issued by a competent foreign authority. For a foreign worker who resides in Vietnam, only the judicial record card issued by a competent Vietnamese agency is required.
Such judicial record card or written certification must be issued within 6 months prior to the date of dossier submission.
4. A paper proving that the foreign worker is a manager, an executive, a specialist or a technical worker
5. Two color photos (4 cm x 6 cm, white background, front facing, bareheaded, no glasses) taken within 6 months prior to the date of dossier submission.
6. Certified copy of the passport or paper of equivalent validity or international travel paper, which remains valid as prescribed by law.
7. Papers related to the foreign worker
8. A dossier of application for a work permit in special cases
9. Consular legalization and certification of papers
This Decree takes effect on April 1, 2016.