This Decree, issued by the Government on July 13, amends Decree No. 105/2003/ND-CP of September 17, 2003, detailing and guiding the implementation of the Labor Code regarding the employment and management of foreign laborers working in Vietnam.
This Decree, issued by the Government on July 13, amends Decree No. 105/2003/ND-CP of
According to the Decree, lawful labor users may each employ at least one foreign laborer but the total number of foreign laborers they employ must not exceed 3% of the existing number of laborers of their respective enterprises. Those who wish to employ more foreign laborers must submit written requests to presidents of provincial/municipal People’s Committees for consideration and approval.
Foreigners working for enterprises, agencies or organizations in Vietnam must have work permits, except for those entering Vietnam to work for less than three months or to handle such emergency cases as complicated technical or technological incidents which affect or threaten to affect production/business activities and cannot be handled by Vietnamese experts or foreign experts currently working in Vietnam; those being members of Managing Boards or Members’ Councils of enterprises set up under Vietnamese law; those being chiefs of Vietnam-based representative offices or branches; and foreign lawyers permitted by the Vietnamese Justice Ministry to practice law in Vietnam according to the provisions of law.
The valid duration of a granted work permit shall correspond to the term of the labor contract to be concluded or stated in the decision of the foreign side that sends the foreigner concerned to work in
The extensible duration of a work permit depends on the duration for which the foreign laborer continues to work for the labor user, which is determined in the labor contract or the foreign side’s document sending the foreigner to continue working in
This Decree takes effect as from
(Source: Vietnam Law)
