Photo: Collected

Work permit - or more precisely Work permit for foreigners working in Viet Nam, is a document issued by Vietnamese competent authorities to foreign employees when they meet certain conditions as stipulated by law. 

So, if you are a foreigner and are eligible for obtaining a Work Permit in Vietnam, you and your sponsor have to be aware of these new changes in accordance with Decree 70/2023/ND-CP amending Decree 152/2020/ND-CP regulating foreign workers working in Vietnam. 

Department of Labor, Invalids, and Social Affairs in Ho Chi Minh City has sent an official dispatch and a detailed guide to organizations, companies, and employers located in this city to follow the new rules accordingly.

In Decree 70/2023/ND-CP, employers and employees need to pay attention to 4 important amendments. 

First, at least 15 days before the official employment of foreign workers, an employer has to submit a request for acceptance of hiring foreign employees to the authorities in charge, whereas employers used to have 30 days to do so. In addition, in case of any changes, employers shall notify the Department of Labor, Invalids, and Social Affairs at least 15 days in advance.

Second, regarding foreign employees’ metrics, they now only need to have a university degree or higher or equivalent and have at least 3 years of work experience relevant to the expected position, instead of requiring experts to have a university degree in the field they intend to work in. There are a lot of complaints about Decree 105/2021/ND-CP due to the lack of hands-on requirements for foreigners, which removes the requirement of "having at least 3 years of working experience in the trained specialty" for experts.

Conditions for foreign experts and workers working in Vietnam have been loosened (Photo: Freepik)

Third, from January 1, 2024, the announcement of recruitment of Vietnamese workers to positions expected to recruit foreign workers shall be made on the website of the Ministry of Labor, War Invalids and Social Affairs (Employment Department) or the website of the Employment Service Center within at least 15 days from the expected date of the explanation report where the foreign worker is expected to work. 

Before January 1, 2024, all announcements made in person are still in effect and received by the authorities.

Fourth, cases of Work permit exemption have been amended to “He/she is sent by a foreign competent authority or organization to Vietnam to teach or act as a manager or executive at an educational institution, which is established in Vietnam under a proposal of a foreign diplomatic mission or intergovernmental organization; or of a facility which is established under international treaties to which Vietnam is a signatory”

What are the requirements for foreigners to work in Vietnam?

According to Labor Code 2019, 

Article 151. Requirements for foreigners to work in Vietnam.

1. A foreign employee means a person who has a foreign nationality and:

a) is at last 18 years of age and has full legal capacity; 

b) has qualifications, occupational skills, practical experience and adequate health as prescribed by the Minister of Health;

c) is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;

d) has a work permit granted by a competent authority of Vietnam, except in the cases stipulated in Article 154 of this Labor Code.

2. The duration of a foreign employee’s employment contract must not exceed that of the work permit. When a foreign employee in Vietnam is recruited, both parties may negotiate the conclusion of multiple fixed-term labor contracts.

3. Foreign employees working in Vietnam shall comply with and shall be protected by the labor law of Vietnam, unless otherwise prescribed by treaties to which Vietnam is a signatory.

Photo: VNA

While many people adhere to these regulations diligently, there are instances where individuals may inadvertently or knowingly violate immigration laws. Understanding the consequences of such violations is crucial for maintaining legal status and avoiding serious offenses. In this discussion, we will look at Article 20, Decree No. 73/2010/ND-CP to find out about them!

1. Caution or fine

A warning or fine from 100,000 VND to 200,000 VND shall be imposed for foreigners traveling within the territory of Vietnam without carrying a passport or other valid documents in lieu of a passport; Do not present your passport or other documents in lieu of a passport when requested by an authorized person for inspection.

2. Fine from 500,000 VND to 2,000,000 VND for one of the following acts:

a) Losing or damaging a passport or other valuable documents in lieu of a passport, Vietnamese visa, temporary residence card, or permanent residence card without immediately reporting it to the competent authority.

b) Erasing, deleting, modifying or falsifying the form and content recorded in the passport or other documents that have value in place of passports, visas, temporary residence cards and permanent residence cards.

c) Declare untruths to be granted passports, other valuable documents in place of passports, Vietnamese visas, temporary residence cards, permanent residence cards; Use a passport or other valid document to replace a passport that is no longer valid for entry or exit.

d) Foreigners entering prohibited areas or areas where the government requires a permit without a permit or traveling beyond the permitted scope and time limit.

d) Failure to present passport or other documents that are valid in lieu of passport or documents related to immigration when requested by Vietnamese authorities; Failure to comply with other requirements of Vietnamese authorities on checking people and luggage according to the provisions of law;

e) Foreigners who do not declare temporary residence according to regulations or use temporary residence certificates, temporary residence cards, or permanent residence cards in Vietnam for more than 15 days or less without permission from a competent authority.

g) The facility allows foreigners to stay overnight but does not transfer the content of temporary residence declaration, does not guide foreigners to declare temporary residence according to regulations or does not properly comply with other regulations of the competent authority.

3. Fine from 2,000,000 VND to 5,000,000 VND for one of the following acts:

a) Entering, exiting, or transiting without a passport, visa, or valid documents replacing passports and visas as prescribed.

b) Crossing national borders without completing exit and entry procedures according to regulations.

c) Hiding or organizing or helping others to hide in means of entry or exit for the purpose of entering Vietnam or going abroad.

d) Letting others use your passport or valuable documents instead of a passport.

d) Using passports or other valuable documents to replace another person's passport for entry, exit, or transit.

e) Foreigners do not declare temporary residence according to regulations or use temporary residence certificates, temporary residence cards, or permanent residence cards in Vietnam for more than 16 days or more without permission from competent authorities.

g) Foreigners who have been issued a permanent residence card and change their address without declaring it to have it re-issued.

4. Fine from 5,000,000 VND to 10,000,000 VND for one of the following acts:

a) Vehicle owners and drivers of vehicles transporting people entering or exiting Vietnam illegally.

b) Using fake passports, valuable documents to replace fake passports, fake visas, fake temporary residence cards, fake permanent residence cards, fake verification stamps to exit, enter, or transit.

5. Fine from 10,000,000 VND to 20,000,000 VND for the following acts:

a) Helping, harboring, concealing, creating conditions for others to go abroad, stay abroad, enter Vietnam, stay in Vietnam or cross national borders illegally.

b) Foreigners enter, practice or engage in other activities in Vietnam without permission from competent Vietnamese authorities according to the provisions of law.

c) Individuals and organizations in Vietnam sponsor or carry out procedures for foreigners to enter Vietnam, apply for visas, temporary residence cards, or extend temporary residence but do not properly carry out their responsibilities according to the provisions of the Law. law or make false statements when sponsoring, inviting or carrying out procedures for foreigners to enter the country, apply for visas, temporary residence cards, or temporary residence extensions.

6. Fine from 20,000,000 VND to 30,000,000 VND for one of the following acts:

a) Forging documents and papers to obtain a passport or other valuable documents in place of a passport, visa, temporary residence card, or permanent residence card.

b) Forging a passport or other valuable documents in place of a passport, visa, temporary residence card, permanent residence card or verification stamp.

c) Hiding into an embassy, ​​consulate or headquarters of an international agency or organization located in Vietnam.

d) Foreigners residing in Vietnam without permission from competent authorities.

d) Organizing, guiding or brokering for others to leave or enter Vietnam illegally.

7. Additional penalties:

Confiscate passports, valuable papers in lieu of passports, exhibits, and vehicles for acts specified in Clauses 1, 2, 3, 4, 5 and Clause 6 of this Article.

Photo: Collected

Flights departing from Romania and Poland next week are expected to bring more than 550 Vietnamese people home after they were evacuated due to fighting in Ukraine.

The first flight, expected to carry 283 Vietnamese citizens, departed on March 7 from Bucharest, Romania and landed in Noi Bai a day later. The next flight is expected to carry 270 citizens departing from Warsaw, Poland on March 9 and also landing in Noi Bai, the Ministry of Foreign Affairs said in today's announcement.

Vietnamese returning home on the above flights will be tested for Covid-19 after landing in Vietnam and instructed by the authorities to implement medical quarantine measures.

The Ministry of Foreign Affairs said more than 2,000 Vietnamese people were evacuated from the war zone in Ukraine and sent to neighboring countries, of which more than 1,000 people went to Poland, 370 people went to Romania, 190 people went to Hungary, more than 40 people went to Slovakia. In addition, 200 people are being taken from Moldova to Romania.

Authorities will continue to coordinate the evacuation of Vietnamese citizens and family members from dangerous areas in Ukraine, transport them to neighboring countries and repatriate those in need depending on the situation and ability to respond. response, according to the Ministry of Foreign Affairs. Vietnamese representative agencies in Ukraine and neighboring countries have coordinated with local officials and associations to support overseas Vietnamese in evacuating, directly welcoming and arranging temporary accommodation and essential items for overseas Vietnamese. 

Russia on February 24 announced the opening of a special military campaign to "de-arm and de-fascize Ukraine". Russia and Ukraine today agreed to open a humanitarian corridor and ceasefire to allow civilians to evacuate the cities of Mariupol and Volnovakh in the south of the country. However, the evacuation operation was postponed and both sides blamed each other for preventing civilians from leaving the war zone.

Source: VnExpress