Decree No. 152/2020/ND-CP (“Decree 152”) came into effect on 15 February 2021 and made the conditions for obtaining a work permit (“WP”) stricter.
Only an enterprise or organisation registered in Vietnam (the “sponsor”) can apply for the WP. The sponsor must:
The foreigner wishing to work in Vietnam must be at least 18 years of age, have good health for working, currently have no criminal issues and meet certain requirements on qualification and working experience. These are the types of WP:
For some cases, no WP is required but a written confirmation on being exempted from the WP requirement. In the case of a complex technical or technological incident that affects or threatens to affect the business operation in Vietnam, the foreigner can work in Vietnam without a WP. The condition is that no foreigner who is already in Vietnam and no Vietnamese can handle the problem and the authority confirms the exemption. Regularly, this will be confirmed if the application has been drafted properly. The WP exemption is limited until the problem is solved but no longer than 3 months. This is practically the most important case.
No WP and no confirmation of WP exemption is required in these cases:
The usual term of a WP is 2 years and it can be extended one time by 2 years. Whether a new WP for the same position can be obtained after that is not clear.
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