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Resolution 105/NQ-CP

New Resolution 105/NQ-CP On Supporting Businesses In The Context Of COVID-19

Effective immediately, Resolution 105/NQ-CP, issued by the Vietnamese government on September 9, 2021, aims to support businesses by promptly removing a number of difficulties and obstacles caused by the impact of the COVID-19 pandemic. Through this new resolution, the Government directs ministries, government agencies and People’s Committees of provinces to make a rapid action plan to improve the current business climate.

 

Background: The current lockdown, travel restrictions between provinces, and an undefined road map out of the COVID-19 crisis, is leading businesses to consider solutions that could be have disastrous results on FDI in Vietnam. New investment projects could be put at risk and companies may consider relocating elsewhere in the region. The Government of Vietnam has recognized the complicated situation for businesses and is, (among other measures to support businesses as per resolution 105/NQ-CP), requesting the Ministry of Labor Invalids and Social Affairs (MOLISA) to instruct provincial labor authorities to ease current administrative procedures and requirements on the issuance and re-issuance of work permit for foreign nationals in Vietnam.

Since decree 152/2020/ND-CP on the management of foreigners working in Vietnam (Work Permit regulation) was implemented earlier this year, there has indeed been a number of escalations brought to the Government due to the advocacy work being done by the Businesses community in Vietnam.

The key requirements are as follows:

 

1/Qualification documents requirements for experts/specialists and for technicians:

 

    – Vietnam work permits previously-issued shall be accepted to prove experience of the applicant for a new work permit application.

 

     – Certificates of graduation shall also be accepted to prove the qualification of the applicant. The current requirement has been excluding certificates of graduation. An actual Diploma or Degree was required.

 

      – Copy of applicant’s passport shall no longer require to be legalized.

 

      – For expert and specialists: Having a bachelor’s degree or equivalent or higher and at least 3 years of work experience relevant to the job position the foreign worker is expected to occupy in Vietnam.

The current requirement as per decree 152 is: at least 3 years of work experience in the trained field and relevant to the job position

 

      – For technicians and skilled workers: Having been trained in technical or other fields for at least 1 year and having at least 3 years of work experience relevant to the job position the foreign worker is expected to occupy in Vietnam.

The current requirement as per decree 152 is: having worked at least 3 years in the trained field and relevant to the job position

 

2/ Temporary assignment from one province to another.

 

The Government requests to allow foreign workers who hold a valid work permit in one province be temporarily transferred/assigned to work in another province for a period up to 6 months without requirement to obtain another work permit in that province. The employer/host entity must only report on work location to the provincial labor authorities.

It is unclear at this stage how and when this will be implemented at the local level by provincial departments of labor (DOLISA) and industrial zones authorities. Also, further official letter may be issued by MOLISA to instruct provincial DOLISAs.

 

Should you require further information, please contact your Immigration Coordinator at Resident Vietnam.

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