ANNOUNCEMENT 17 Jun 2011

On 17 June 2011 (Decree No. 46/2011/ND-CP), the government of Viet Nam altered its regulation of foreign worker inflows in various dimensions. The Decree No. 46 comes into effect on 1 August 2011.

NUMBER OF INTERVENTIONS

2

  • 1 harmful
  • 0 neutral
  • 1 liberalising
Inception date: 01 Aug 2011 | Removal date: open ended
Still in force

Post-migration treatment

Foreigners who do not have work permits will not be issued a work visa, and foreigners working without a work permit or holding an expired work permit will be deported. When applying for the extension of work permit for a foreigner, a training contract, signed between the employer and a Vietnamese person who will be trained to replace the foreigner, must be attached. Previously, a document stating the reason why no such provision has been made was sufficient at the time of application. Investors and Contractors in their tender invitations/bids have to specify their requirements for foreign and Vietnamese workes and an employment plan; Vietnamese workers are to be given priority Employers must advertise their requirements, in central and local Vietnamese newspapers, before recruiting foreign employees. The Spouse of a foreign diplomat is not allowed to work in Vietnam unless a bilateral agreement for the purpose exists, and even in this case a work permit is required. The Department of Labour has to supply details regarding all foreigners holding work permits to the Ministry of Public Security

AFFECTED SECTORS

 
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AFFECTED PRODUCTS

 
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Inception date: 01 Aug 2011 | Removal date: open ended
Still in force

Post-migration treatment

No work permit is required to be obtained for chief representatives or heads of representative/project offices, for foreigners transferred internally within a company operating in a sector set out in Vietnam's WTO commitments, for Official Development Aid project workers and for journalists licensed by the Ministry of Foreign Affairs of Vietnam. The Department of Labour has to issue a work permit in 10 days from application, reduced from 15 days. The Department of Labour must be notified in 7 days, instead of 30, the commencement of work for those categories of foreigners who do not require work permits.
 
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