VietNamNet Bridge – Under current regulations, even Bill Gates and Facebook owner Mark Zuckerberg are not eligible to apply for work permits in Vietnam because they do not have a university degree, analysts have said.

Circular No 3 of the Ministry of Labor, War Invalids and Social Affairs (MOLISA), issued in March, has placed difficulties on enterprises that want to employ highly qualified foreign workers.

The circular stipulates that foreigners employed as specialists must present documents which prove that they have a university degree or higher education levels, in addition to proof that they have at least five years of experience of working in the fields related to their job in Vietnam.

Attorney Fred Burke from Baker & McKenzie law firm said the HCM City labor department refused to grant a work permit to a foreigner who was a graduate of a leading university in the US and has been working for the firm for three years.

The problem was that the foreigner had only three years of experience instead of five years, as required.

Colin Blackwell, a South Korean engineer, also complained that many specialists play very important roles in the production process but have been refused work permits because they do not have five years of experience.

Yoshihira Maruta, chair of the Japan Business Association in Vietnam (JBAV), said at the Vietnam Business Forum held in mid-June that the new legal document required complicated procedures.

He said Japanese workers must present police records even though they may stay in Vietnam for only one day. Agencies sometimes refuse to grant police records to Japanese workers because of the short-term stay.

People teaching English in Vietnam are listed as “specialists”, i.e., and such, they also have to satisfy the requirements to be eligible for work permits.

The strict requirement has put pressure on schools and foreign language centers.

Dr. Nguyen Van Phuc, president of Mien Dong International University in Binh Duong Province, complained that the school has had difficulties recruiting foreign lecturers since the new regulation became effective in March.

“Some of our lecturers have been working for 20 years, but they don’t have certificates on the service length and experience,” Phuc said.

“They do not know where they can go to obtain the certificates. The consulate general has refused to grant such documents, which are unfamiliar in foreign countries,” he added.

The president of a Hanoi-based university commented that the new regulations are too complicated and unreasonable.

“Should we ask the lecturers, who have worked in many other countries, to go back to the countries to get certificates and show to Vietnamese agencies?” he asked.

“With the current regulations, even Bill Gates cannot meet the requirements to be able to work in Vietnam,” he said.

Vi Thi Hong Minh from the Vietnam Chamber of Commerce and Industry (VCCI) warned that the strict regulations will prevent qualified foreign workers who want to devote their knowledge and experience in Vietnam.

Tien Phong