Thứ Tư, 27 tháng 4, 2016

WORK PERMIT REGULATIONS IN VIETNAM UNDER DECREE NO. 102/2013/ND-CP

The Government has issued Decree No. 102/2013/ND-CP dated September 5, 2013 providing for the granting of work permits for foreign laborers to work in Vietnam.


According to this Decree, foreign workers who want to be granted a work permit are required to meet the five following conditions. First, the worker is capable of civil acts as prescribed by law. Second, the worker’s health is suitable for his or her job. Third, the worker is a manager, executive officer, expert, or technician. The foreign workers that provide medical examination and medical treatment in Vietnam, or work in education and vocational training must meet the conditions for provision of medical examination, medical treatment, education and vocational training of Vietnam’s law.  Fourth, the worker is not a criminal or liable to criminal prosecution according to Vietnam’s law and the foreign country’s law. Fifth, the employment of the foreign worker is approved in writing by a competent.  The employer will be responsible for apply application for work permit at least 15 working days before the day on which the foreign worker intends to start working, the employer shall submit the application for the work permit to the Service of Labor, War Invalids and Social Affairs of the province where the foreign worker works for the employer the whole time. Where the foreign worker does not work for the employer in the same province the whole time, the application for the work permit shall be submitted at the Service of Labor, War Invalids and Social Affairs of the province where the employer’s head office is situated.  The duration of a work permit shall not exceed 2 years, and follow the duration of Decree 102/2013/ND-CD also provides about the cases in which the work permit shall be reissued. Namely, these cases include when the work permit is lost, damaged, or the contents of the work permit such as name, date of birth, nationality, passport number, or workplace is changed and when the work permit.  The employers shall be responsible for apply application for reissuance of the work permit to Service of Labor, War Invalids and Social Affairs that issued it so as to obtain new work permit. For the cases of expiring, the duration of the work permit reissued does not exceed 02 years and follows the duration of particular situations. Where the work permit reissued in remaining cases, this duration is equal to the duration of the issued work permit minus the period of time the foreign worker has worked up to the day the application for the reissuance of the work permit is submitted.  Besides, this Decree also provides the cases in which the foreign worker is exempt from applying for the work permit such as foreign workers working as contributing member, or owners of limited liability company, coming to Vietnam with a period of less than 03 months to offer services.  The cases of revocation of the work permit and expelling the foreign workers also provided in this Decree.
In order to seek further advice, please contact us at ant@antlawyers.vn or call + 84 35202779.

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