Summary
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Proposed changes to Vietnamese labor law may impact Work Permit applications & requirements, subject to further revisions.
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Draft amendment clarifies provisions of Decree 152 & codifies incremental policies.
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Feedback from the business community may influence final changes to the amendment.
More Details
The Ministry of Labour, Invalids and Social Affairs (MOLISA) in Vietnam has recently published a draft amendment to specific provisions of Decree 152, the existing labor decree governing the work permit process.
These proposed changes are still subject to potential revisions before being finalized. However if implemented, will have an impact on various aspects of Work Permit applications and requirements.
Here are the key modifications in the draft amendment:
- Revised definitions for Intra-Company Transfers (ICT), Experts, and Technical Workers.
- Modifications to the timing, validity, and exemptions related to Job Position Approval (JPA) submissions.
- Possible acceptance of alternative documents instead of Degree Certificates for ICTs, Experts, and Technical Workers.
- Managers and Executives may need to provide additional documentary evidence, along with their nomination in the Company’s Charter.
- Introduction of new Work Permit exemptions for specific individuals, including spouses of Vietnamese nationals.
- Clarification on the requirements for work permit reissuance and additional guidance for individuals who have reached the maximum 4-year validity period of their Work Permit in Vietnam
This draft amendment by MOLISA aims to address certain ambiguities and provide further clarity on the provisions of Labour Decree 152, which was previously perceived as a comprehensive revision of the work permit regulations.
Moreover, the proposed amendment seeks to formalize policies that have been gradually introduced by different local Departments of Labour, Invalids and Social Affairs (DOLISAs), which have added supplementary requirements to the standard Work Permit process.
MOLISA is actively seeking feedback and input from the business community and relevant industry groups, on this draft amendment by 15 July 2023.
Do reach out to MOLISA if you’d like to provide feedback.
