Resolution 105 eases restrictions relating to issuance of work permits for foreigners
20 October 2021
On 9 September 2021, the Vietnam Government issued Resolution No. 105/NQ-CP (“Resolution 105”) relating to the support of enterprises, cooperatives and business households in the context of the Covid-19 pandemic.
Resolution 105 seeks to allow businesses to resume production and activities in order to spur economic growth. It also aims to support and resolve issues related to production and business operations.
It also eases some of the restrictions on work permits for foreigners in Vietnam, which were tightened in February 2021 via Decree 152/2020/ND-CP (“Decree 152”). The Ministry of Labour, War Invalids and Social Affairs is to instruct provincial authorities to relax some conditions relating to the issuance, extension and certification of work permits for foreigners in Vietnam.
Some of the changes affecting foreigners include the following:
- Decree 152 required that a foreigner’s university degree be strictly related to his proposed job position in Vietnam. Resolution 105 provides adjudicating officers with more flexibility by requiring a degree or equivalent and a minimum of three years of work experience that is relevant to the position sought in Vietnam.
- Further to Decree 152, certificates of completion or certificates of graduation were routinely not accepted in lieu of a university degree certificate. Resolution 105 clarifies that such documentation should be accepted as proof of qualifications.
- Resolution 105 states that previously issued work permits can now be accepted to prove work experience for new work permit applications.
Resolution 105 also allows foreigners with valid work permits to be sent or seconded to work in another province or city for a period not exceeding six months without having to re-apply for a work permit. The employer must report to the labour management agency where the foreigners have come to work.