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New regulations for foreigners working in Vietnam
17 June 2011
On 17 June 2011, the Government of Vietnam issued decree No 46 which provides amendments to some articles of decree No. 34 on the recruitment and management of foreigners working in Vietnam.
This new decree includes several changes such as new categories for foreigners exempted from work permits. Categories for exemption include but are not limited to: Chief Representative, Head of Project Office, internal transferees working for companies that are operating in sectors set outside of the WTO commitments.
The list of documents required for the work permit application remains basically the same with the following changes: An employer requiring a work permit extension of a foreigner under a labor contract must now provide a training contract signed between the employer and the Vietnamese employee who will replace this particular foreign employee.
In addition, employers shall annually supply to the department of Labor, Invalids and Social Affairs a written demand for using foreign labor. The employer is required to inform the department of any possible change of the original plan at least 30 days prior to publishing any demand of recruitment of a foreign national. This new decree will come into effect on 1 August 2011.
