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Tighter Regulations for Foreign Workers in Vietnam Announced

Foreign workers will be expected to produce even more paperwork to secure a job in Vietnam, reports Tuoi Tre. The document, Circular 03/2014 places emphasis on the Vietnam labour code on foreign workers. This report will help to guide the implementation of the proposed Government Decree 102/2013.

What does this all mean?

The circular which is due to take effect on March 10th, 2014 stipulates that employers who wish to recruit foreigners must submit a recruitment plan at least 30 days before hiring them. This plan is to be submitted to the local department of Labour, War Invalids and Social Affairs, where the employers’ head office is situated.

What should be included in the plan?

The plan should show the demand for foreign workers, the number of foreigners to be recruited including their qualifications, titles, work experience, expectations of salary and periods of employment which should be no more than two years.

If the employer has already submitted a recruitment plan which has been approved but would like to change it, an additional request should be made within the 30 day time-frame.

What happens next?

A local department of Labour, War Invalids and Social Affairs must reply to the employer within 15 days about whether the plan (or part of it) has been approved.

Other information:

Additionally, foreign workers are obligated to show they have a clean criminal record.  For foreign employees who once lived in Vietnam, they can obtain a police check from the National Criminal Record Centre.

If the workers are staying here, they must obtain a criminal record check here from the Vietnamese
Justice Department AND from an authorised agency of their country.

If foreign workers are to take on a management role of some sort, documents should be presented which prove this. Acceptable papers such as a work permit or a labour contract are fine and should be issued by the previous company worked at.

If you are an expert in a field and wish to work in Vietnam you should have a document proving qualifications (at least a Bachelor degree) and have at least 5 years experience in the said field. If you don’t have that you need to have a document which certifies you as an expert from an authorized agency.

For technical workers, you should have a document or certificate which proves you have been trained in the technical field for at least one year and paperwork which shows you have at least three years in the same field you wish to work here in Vietnam.

The government seems set to reduce the unemployment level and one way of doing this is by managing the employment of foreigners more effectively. These new rules and regulations come after the work permit laws also changed (Nov 2013) making the process even more lengthy and requiring more bits of paper.

[Tuoi Tre // Photo via Kristopher Radder]

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