VietNamNet Bridge – Light fines for working illegally in Viet Nam have not been a deterrent to preventing the increasing number of illegal foreign workers in the country, according to the Ministry of Labour, Invalids and Social Affair's Employment Department.

According to the Government's Decree 47, current fines range between VND15 million and VND20 million (US$720-960).

Some localities had just slapped a light penalty on companies for fear of driving away foreign investment, the department said.

Fines for violations involving illegal foreign workers in Viet Nam should be increased, it recommended.

The department said there was poor coordination between the Ministry of Public Security, Ministry of Defense and Viet Nam's representative agencies in foreign countries.

According to local authorities, the number of foreign workers has been increasing year by year, from 52,633 (in 2008) to 55,428 (2009) and 56,929 (2010).

In the first nine months of last year, the number of foreigners working in Viet Nam increased sharply to more than 78,440. Of that number, 5,581 had worked in the country for le ss than three months and were not eligible for permits; and 31,330 worked illegally (accounting for 39.9 per cent).

Close management

Nguyen Dai Dong, head of the Ministry of Labour, Invalids and Social Affair (MOLISA) 's Employment Department, told Lao Dong (Labour) newspaper it was urgent to draft an Employment Law with specific regulations on foreigners working in Viet Nam.

The law should specify conditions for working in the country and include regulations on issuing permits for foreign employees. It should also set out the rights and responsibility of labourers as well as employers who hire foreign workers.

The regulations should require investors to only use foreign workers for tasks that Vietnamese workers were unqualified to perform, he said.

Currently, MOLISA has asked for opinions from relevant agencies to submit a proposal to the Government in June and to the National Assembly in October.

Dong said MOLISA would propose intensifying inspections on recruitment, visa issues, the issue and extension of labour permits, and management of exit and entry, especially for foreign contractors who operate in Viet Nam and use foreign workers.

* Processing time to shorten for residency permit applications

Foreigners who are eligible for residency in Viet Nam can look forward to a shorter processing time for residency permit applications.

Foreigners whose spouse, children or parents are Vietnamese residents are eligible for a residency permit, which will now take a maximum of four months to process in stead of the previous six months. In special cases where verification of documents takes extra time, the processing period can be extended by up to two months.

The Immigration Department under the Ministry of Public Security is in charge of verifying documents in applications for residency.

In addition, a foreigner who wishes to obtain a temporary residence permit in Viet Nam should submit a set of documents to the Viet Nam Immigration Department or the provincial immigration departments.

The application must include documents such as identity papers and documents proving the foreigner's eligibility for temporary residency in the country.

The new regulations will come into force in late February.

VietNamNet/Viet Nam News