Ho Chi Minh City: foreigners’ work permit in Vietnam is no longer renewable

Ho Chi Minh City is not going to renew expired work permit in Vietnam for foreigners, noticed by Ho Chi Minh City Department of Labor, War Invalids and Social Affairs.

Ho Chi Minh City Department of Labor, War Invalids and Social Affairs (DOLISA) issued Notice No.6107/SLDTBXH-VL on May 16th, 2014 guiding the implementation of Decree No.102/2013/ND-CP detailing a number of articles of the Vietnam Labor Code regarding foreign workers in Vietnam. Pursuant to the notice hereof, in the case that expired work permits which has been issued under the provisions of Decree No.34/2008/ND-CP and Decree No.46/2011/ND-CP before the effective date of Decree No.102, enterprises shall apply to HCMC DOLISA for granting work permits under the issued procedures instead of renewal procedure provisions. In particular, for foreign workers having expired work permits and having desire to continue working in Vietnam, the sponsoring enterprise shall submit certificates of qualification, experience, criminal record in Vietnam and in foreign countries (judicial records), medical certificates and the sponsoring enterprise has to be approved by local People’s Committee to employ foreign workers.

As the current regulations, the foreign employee might be asked to present his or her work permit in Vietnam at entering or leaving Vietnam or when requested by government authority.  It is suggested that enterprise wishing to employ foreign workers and foreign workers to counsel with employment lawyers in Vietnam in order to ensure compliance.  

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