WORK PERMITS FOR FOREIGNERS IN VIETNAM DURING COVID-19 PANDEMIC

Due to the wave of COVID-19 pandemic, from March 22, 2020 Vietnam suspended the entry of all foreign visitors, and became more careful when providing work visas for diplomats, officials, foreign investors, experts, skilled workers, and even students. Decree 152 issued on December 30th, 2020 and taking effect on February 15th, 2021 had been considered being quite strict as well as “complex”, which caused difficulties for businesses, as well as foreigners who want to return to Vietnam to work.

Highlights:

• Resolution No. 105 – business support by easing several regulations and conditions on the issuance, and extension of work permits for foreign workers in Vietnam
• Notice for foreign workers arriving in Vietnam as of September 2021
• Guidance to apply for new work permit rules 2021

RESOLUTION NO.105 – A PRACTICAL SUPPORT FROM THE GOVERNMENT

On September 9th 2021, the Government issued Resolution No. 105/NQ-CP supporting enterprises, co-operatives and business households in the context of Covid-19 pandemic in Vietnam. As part of the Resolution, the Government ordered the Ministry of Labour, Invalids and Social Affairs to ease regulations on the issuance and extension of work permits for foreign labour in Vietnam. For those who want to arrive in Vietnam, a Vietnam work permit is an important paper to apply for a temporary residence card or a work visa. Below is the comparison table to update for the new Vietnam work permit requirements 2021 in Resolution No.105: 

NOTICE FOR FOREIGN WORKERS ARRIVING IN VIETNAM AS OF SEPTEMBER 2021

Before entering Vietnam:

Grabbing the work visa for Vietnam and arriving at the airport, people on entry are then required to take concentrated medical quarantine for 07 days (down from the original 14 days) and continued medical surveillance for the next 07 days (not applicable to special cases) when they fully meet the following conditions:

• Having a negative test result for SARS-CoV-2 (by RT-PCR/RT-LAMP method) within 72 hours before departure and certified by the competent authority of the country performing the test;
• Have fully vaccinated (the last dose given within at least 14 days and not exceeding 12 months by the time of entry) and have a certificate of vaccination;
• Or have had been infected with SARS-CoV-2 (with a certificate of positive test for SAR-COV-2 by the basics RT-PCR not exceeding 06 months by the time of entry) and have a certificate of recovery from COVID-19 disease or equivalent documents issued by the competent authority in the country of treatment (Ministry of Health, 2021).

After entering Vietnam:

• People on entry are tested for SARS-CoV-2 on the first and seventh days from the date of entry;
• During the process of moving from the concentrated quarantine facility to the place of residence, the person must always follow the 5K Message, especially wearing a mask and keeping distance, and always turn on Bluezone app.
• During the medical surveillance period: people who complete the concentrated medical quarantine will continue to use the Bluezone app until the end of 14 days from the date of entry. Always follow the 5K Message, especially wear a mask, do not gather and do not go to crowded places during the surveillance period (Ministry of Health, 2021).

Fees (according to Resolution 16 issued on February 8th, 2021):

1. Foreigners and Vietnamese residing abroad on entry that are not required to apply concentrated medical quarantine.
   Testing SARS-CoV-2 costs (734.000 VND/test, approximately $64.50 for testing 2 times).
2. Foreigners and Vietnamese residing abroad on entry that are required to apply concentrated medical quarantine.
   a. Must have valid international health insurance to pay for medical examination and treatment in Vietnam in case of infection.
   b. Quarantine must be carried out at hotels and resorts.
   c. The following expenses must be paid by themselves:

• Transportation costs from the place of entry into Vietnam to the quarantine facility;
• Cost of SARS-CoV-2 testing and screening;
• The expenses for food, accommodation and living (including the cost of disinfection and sterilization; the cost of security and other expenses) announced by the hotel/resort/transport owners.

GUIDANCE TO APPLY FOR NEW WORK PERMIT RULES 2021

If you are foreign worker, remember that a work permit cannot be applied by yourself but you have to obtain it through the corporate you will be working for or a service center in Vietnam. For business owners, after ensuring that your employees have met the requirements from Decree 152 with some easing regulations updated in Resolution 105, the next thing you will have to do is:

Step 1: Apply for Approval of Demand on using foreign workers

• Registration form for demand on using foreign workers (Form No. 01/PLI under the Decree No. 152/2020/ND-CP or Form No. 02/PLI in case of changes of demand on using foreign workers);
• Certified copy of business registration;
• Letter of attorney in case the submitter is not the company’s legal representative.

Aforementioned documents shall be submitted directly to the Ministry of Labor, Invalids and Social Affairs or People’s Committee of the province at which the foreigner is appointed to work; or online at http://dvc.vieclamvietnam.gov.vn at least 30 days before the expected date when the foreign worker starts his/her work at the company. 

Processing time is 15 working days (for direct submission) and 12 working days (for online submission).

Step 2: Prepare documents for work permit:

• Application form for Vietnam work permit (Form No. 11/PLI);
• Original health check issued in Vietnam or legalized health check if issued abroad attached with its certified Vietnamese translation. The health check should be issued within the last 12 months;
• Original Vietnam Police Check or legalized police check if issued abroad attached with its certified Vietnamese translation. The police check should be issued within the last 6 months;
• Certified copy of valid passport;
• Approval letter obtained in Step 1;
• 02 4*6cm photos (photos should be taken within the last 6 months);
• Legalized copy documents proving the foreigner’s eligibility for applying position attached with their certified Vietnamese translation;

Quantity: 01 set

The employer shall submit the documents prepared to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs of the province where the foreign worker will be appointed;

Step 3: Get the result

The employer shall get the work permit issued in form 12/PLI within 05 working days after submitting full valid documents. If refused, there comes with clarifications.

Vietnam Work Permit Validity and Extension

As provided for in Decree No. 152/2020/ND-CP, a work permit is valid for up to 02 years, and it can be extended once for further 02 years following the work permit extension procedure. When the extended work permit expires, the employer shall conduct the same procedure to renew a work permit if he/she wishes to further employ such a foreign employee.

REFERENCES

Minh, C 2021, ‘Đón chuyến bay cuối trong chương trình thí điểm ‘hộ chiếu vaccine’’, VnExpress, viewed 26 September 2021, <https://vnexpress.net/don-chuyen-bay-cuoi-trong-chuong-trinh-thi-diem-ho-chieu-vaccine-4360766.html>

Dezan Shira & Associates 2021, ‘Foreign Employees and Work Permits in Vietnam’, Vietnam Briefing, viewed 26 September 2021, <https://www.vietnam-briefing.com/news/foreign-employees-and-work-permits-vietnam.html/> 

Dezan Shira & Associates 2021, ‘Vietnam’s Entry Procedures for Foreign Employees amid the Pandemic’, Vietnam Briefing, viewed 26 September 2021, <https://www.vietnam-briefing.com/news/vietnams-entry-procedures-foreign-employees-amid-pandemic.html/> 

Ministry of Health 2021, Bộ Y tế giảm ngày cách ly tập trung với người nhập cảnh tiêm đủ liều vaccine COVID-19, xét nghiệm âm tính, Ministry of Health Portal, viewed 26 September 2021, <https://moh.gov.vn/thong-tin-chi-dao-dieu-hanh/-/asset_publisher/DOHhlnDN87WZ/content/bo-y-te-giam-ngay-cach-ly-tap-trung-voi-nguoi-nhap-canh-tiem-u-lieu-vaccine-covid-19-xet-nghiem-am-tinh> 

Ministry of Health 2021, Giá một lần xét nghiệm COVID-19 theo quy định mới là bao nhiêu?, Ministry of Health Portal, viewed 26 September 2021, <https://moh.gov.vn/tin-lien-quan/-/asset_publisher/vjYyM7O9aWnX/content/gia-mot-lan-xet-nghiem-covid-19-theo-quy-inh-moi-la-bao-nhieu>. 

Nguyễn, G 2021, ‘Nghị quyết 105/NQ-CP: Lời giải cho bài toán lao động, chuyên gia’, Diễn đàn doanh nghiệp, viewed 26 September 2021, <https://diendandoanhnghiep.vn/nghi-quyet-105-nq-cp-loi-giai-cho-bai-toan-lao-dong-chuyen-gia-207055.html>. 

The Government 2021, DECREE ON FOREIGN WORKERS WORKING IN VIETNAM AND RECRUITMENT AND MANAGEMENT OF VIETNAMESE WORKERS WORKING FOR FOREIGN EMPLOYERS IN VIETNAM No. 152/2020/ND-CP, Thuvienphapluat, viewed 26 September 2021, <https://thuvienphapluat.vn/van-ban/Lao-dong-Tien-luong/Nghi-dinh-152-2020-ND-CP-quan-ly-nguoi-lao-dong-nuoc-ngoai-lam-viec-tai-Viet-Nam-280261.aspx> 

The Government 2021, RESOLUTION ON QUARANTINE AND HEALTHCARE EXPENSES AND PARTICULAR REGIMES IN COVID-19 PREVENTION AND CONTROL No.16/NQ-CP, Thuvienphapluat, viewed 26 September 2021, <https://thuvienphapluat.vn/van-ban/The-thao-Y-te/Nghi-quyet-16-NQ-CP-2021-chi-phi-cach-ly-y-te-kham-chua-benh-trong-phong-chong-dich-COVID19-465072.aspx>  

The Government 2021, RESOLUTION: PROVISION OF ASSISTANCE FOR ENTERPRISES, COOPERATIVES, HOUSEHOLD BUSINESSES AMID COVID-19 PANDEMIC No. 105/NQ-CP, Thuvienphapluat, viewed 26 September 2021, <https://thuvienphapluat.vn/van-ban/Doanh-nghiep/Nghi-quyet-105-NQ-CP-2021-ho-tro-doanh-nghiep-hop-tac-xa-ho-kinh-doanh-dich-COVID19-487398.aspx> 

“We know that it is hard for you and your business during the Covid-19 pandemic; there have been a lot of upcoming challenges that we know only the work permit is not enough to help you overcome. We really hope that you can go to us with any further confusion or questions regarding running the business, and let us together find a way through. “