Vietnam: New Circular 40 Guidelines
Following the announcement of the 11/ND-CP/2016 implementing the labor code related to foreign nationals working in Vietnam, the new Circular 40 sets out an official form templates and outlines in detailed the requirements.
- One of the following will be accepted for qualification of foreign experts and specialists: A confirmation letter issued by an agency, public/private organization or public/private enterprise in oversea confirming the field of expertise.
- The following will be accepted as proof of at least 12 months employment before an intra-company transfer: the assignment letter, a former labor contract or employment decision letter or Tax or insurance certificate of the foreign employee.
- Without a work permit but working in Vietnam for the permitted 30 days but not exceeding 90 days per year or a work permit exception certificate, this starts on the first date of entry into Vietnam for work purposes.
- The process related to change of work location. A work permit is not required if a foreign national has already been granted a valid work permit and assigned to work at the company’s off branch, project or client location in a difference province of Vietnam for more than 10 days. However, this must be reported to the labor department where the assignee is expected to work.
- Work permits should be returned to the labor department within 15 days of termination.
- A new template for the Foreign Labor Use Report has been provided and should be sent to the provincial labor department every quarter before the 5th of the month.
The report should include foreign nationals that currently hold work permits, currently holding work permit exception certificate, employees who are not required to obtain work permit or have work permit exemption but still working in Vietnam for the company