VietNamNet Bridge - The new decree that will take effect from November 1, 2013 includes detailed provisions on the granting of work permits to foreign workers in Vietnam and deportation of those without work permits.

The Government has issued Decree 102 detailing the implementation of a number of articles of the Labor Code on employment of foreign workers in Vietnam.

The Decree states that annually, the employer (except contractors) are responsible for determining the demand for overseas labor for the positions that the local employees are ineligible to assume and report to the Chairman of the province where the employer is headquartered. The Provincial Chairman will approve in writing for the employer to recruit foreign workers for these positions.

Where it is necessary to use foreign-qualified employees in accordance with the requirements of the bid, the bidding documents must declare the number, qualifications and experience of the foreign employees in need. The decree prohibits the use of foreign employees for the tasks that Vietnamese workers can perform in the bid, especially unskilled labor.

According to the decree, before hiring foreign employees, the contractor is responsible for recruitment of Vietnamese workers for the positions that are expected to recruit foreign employees. Within a maximum of 2 months from the day the contractor informing the local authorities of the recruitment of local labor, if the local authorities fail to provide the needed workers, the contractor will have the right to recruit foreign workers for these positions.

For foreign people who practice medical examination and treatment in Vietnam or work in the fields of education and vocational training, they must meet the conditions prescribed by the Vietnamese law.

The Decree will take effect from 01.11.2013.

Mai Nguyen