The Government has just issued Decree 219 on foreign workers working in Vietnam, effective from August 7.
The Decree adds three groups of foreign workers eligible for a license, and restructures the current list, with a total of 12 forms of labor transfer instead of 11 as before.
Decree 219 has added the following three groups of subjects:
Workers are transferred (secondment) from foreign agencies, organizations and enterprises to Vietnam but are not subject to movement within traditional enterprises.
Small business management personnel: Chairman, member of the Board of Directors (BOD) of a joint stock company and owner, member of an LLC with a capital contribution value of less than VND 3 billion.
People who sign labor contracts with diplomatic missions and foreign organizations in Vietnam such as United Nations offices, international financial institutions, etc. are also licensed.
The dossier submitted from August 7 must apply new forms and procedures; the dossier submitted according to Decree 152 will continue to be processed but when extended, it will move to new regulations.
In the 12 groups of foreign workers allowed to work, enterprises need to accurately identify the appropriate group: Experts " seconded" sent by foreign headquarters to short-term must declare in the group of " seconded from foreign agencies and organizations", while personnel must move between branches and corporations in the group of "internal rotation of enterprises".
For members of the Board of Directors, the dossier must include documents confirming the capital part under 3 billion VND; in case of exceeding the threshold, they must be transferred to the "investor" category according to the Investment Law and not granted a labor license.
In addition to the labor license, individuals must still ensure diplomatic security regulations; the governing body is responsible for coordinating with the Ministry of Foreign Affairs to make judicial records and security records.
