Viet Nam: Restrictions on the recruitment of foreign staff

Measure #2697 | Published 29 Aug 2011 ▲

Description

On 1 August 2011, the government of Viet Nam implemented new regulation on the recruitment and work permit extension of foreign personnel.
 
Under the new regime, firms seeking to hire a foreign worker must post the vacancy in at least one national and one local newspaper 30 days prior to the intended hiring date.
 
The ILO's International Migration Statistics do not report details on the origin of migrants to Viet Nam. This measure does thus not enumerate any affected trading partners.

Any Evidence-Based Deliberation:

Question Result
Is there anything in the public record to suggest that evidence of the effectiveness of the proposed measure was considered during official deliberations?
Is there any evidence that alternatives to the proposed measure were considered?
Is there anything in the public record that suggests that empirical evidence informed the comparison across the alternatives available to government?
Was such evidence identified?
Is such evidence publicly available?
Did the official decision-maker in question provide an explanation as to why a chosen measure was favoured over alternatives?
Is there any evidence to suggest that potentially affected trading partners were consulted before the measures were taken?
Is there any evidence that safeguards have been put in place to ensure that implementation of the initiative is transparent and non-discriminatory?
Did the government state its intention to review the measure within one year of implementation?

Implementing Jurisdiction:

Affected Trading Partners:

Measure type:

Affected Sectors:

Affected Tariff Lines:

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Date Discovered:

Implemented: Yes

Date of inception: 1 Aug 2011

GTA Evaluation: Red

Source:

Halong Invest. (2011). Decree No. 46/2011/ND-CP dated June 17, 2011. Available at http://halonginvest.gov.vn/NewsDetail.aspx?CatId=64&NewsId=6129&LangId=EN

Dragon Law. (2011). Decree No. 46/2011/ND-CP. Available at http://www.lawfirm.vn/?a=doc&id=2293

VietnamNet. (2011). Decree No 46 complained as putting difficulties to FIEs. Available at http://english.vietnamnet.vn/en/business/11381/decree-no-46-complained-a...

Government Response:

Glossary of trade terms