Vietnam Reforms the Law of Foreign Employment in the Country
- Author Francesca Grassi
- Published December 2, 2011
- Word count 354
On June 17 of this year, the Vietnamese government issued Decree n.46/2011/ND-CP (effective from August 1, 2011) amending and supplementing Decree n.34/2008/ND-CP dated March 25, 2008 on the employment and administration of foreigners working in Vietnam.
The new legislation aims at improving the ineffective implementation of foreign labor regulations with strong regard to the working permit requisite.
In fact, the newly called "expats" (foreigners) are entitled to work in Vietnam if they meet all profile requirements listed in Article 3 paragraphs 1, 2, 3 and 4. Namely, the individual is a minimum 18 years of age; in good health; holds a manager, director or expert position; and has no criminal record for national security offense. Secondly, the individual must succeed to carry out the epic administrative process to get a permit, which includes the obtainment of legal certificates of no criminal activities from all former countries of residence (Art.4.2.b).
However, Decree n.46/2011/ND-CP (hereinafter "the Decree") makes few, but significant steps to accelerate the whole procedure thanks to major deadline revisions (now 10 days instead of 15 for granting permits, same for extension inquiries, and 3 instead of 15 for re-issuance cases).
Instead, the most questionable feature of the recent regulation is given by its faithfulness to the well-established governmental policy of discouraging in-flows of human capital and encouraging domestic labor workforce to break free national borders at the same time. In fact, Article 16.1 of the Labor Code recites "The employee has the right to work for any employer and at any place not forbidden by law (emphasis added)."
The growing number of foreign workers over the last three years (official statistics report 52,633 people in 2008 becoming 55,418 in 2009, and rising to 56,929 in 2010) has increased to between 70,000 and 74,000 foreigners and it has recently played a crucial role in the settlement of working expats’ "containment" provisions. On the whole, as Minister Nguyen Thi Kim Ngan put it, "Vietnam’s point of view is not receiving foreign unskilled workers."
The core of the onerous task is threefold and includes new rules that have already unleashed disappointment and stirred stiffness in the foreign business environment. Under the spotlight are now measures applying to people unsupplied with work permit and employment recruitment.
You can read the rest of this article by Francesca Grassi on Vietnam Business at Vietnam-Briefing.com.
The site is contributed to by the Vietnam Business experts at Dezan Shira & Associates.
Article source: https://articlebiz.comRate article
Article comments
There are no posted comments.
Related articles
- Shabby Chic Meets Rustic Farmhouse: Elevate Your Space with Carved Wood Sliding Doors
- How to Master Eclectic Decor: Tips and Tricks
- Apostolic Blessing from Pope Francis
- How Do You Find Experienced Builders for Micro Apartments in Brisbane?
- Searching for Professional Carers in Cambridgeshire to Support Your Family?
- How Do You Transfer Money to Egypt in Just a Few Clicks?
- Want Your Office Sparkling Clean? Get Top-Quality Commercial Cleaning in Auckland!
- Looking for High-Quality Lighting in Brampton? We Have the Perfect Options!
- Want to Improve Your Tender Success Rate? We Have the Solution!
- How to Choose the Right Chauffeur Service
- Why were the 1940's so important in history?
- Why Fire Safety Training Should Be A Priority In Your Workplace
- Creative Ideas for Using Old Trunks in Your Interior Décor
- Gutter Replacement: Why Upgrading to uPVC Gutters is a Smart Choice for Your Home
- What Is Point Of Sale Branding? An In-Depth Guide To Boosting Sales And Customer Experience
- Why You Need DRaaS: The Case for MedOne’s Disaster Recovery as a Service
- Sparkle and Shine: Your Ultimate Guide to Christmas Makeup
- Chauffeur Service: Elevate Your Travel Experience
- Creating a Reading Nook with Old-World Vintage Furniture
- Micro Apartments in Brisbane: A Builder’s Guide to Smart Living Solutions
- A Comprehensive Guide to Finance for Co-living Properties
- The Benefits of Garden Design
- Why Local Businesses Are Choosing to go Local for Web Design
- Top 10 Personal Safety Tips All Women Should Know
- It’s Not Too Late to Make Money Investing in This Gold ETF
- www.sellmoj.com is the game changer for E-commerce
- Top 10 Ways Maintenance Manager for Business Central Saves Asset Headaches
- Buying a Ready-Made Company in Estonia: Your Effortless Business Setup
- What Defines a Victorian Style Home?
- Transform Your Space with Versatile Antique Door Sideboards