Vietnam: Relaxed Immigration Rules to be Implemented
September 17, 2021
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At a Glance
The Prime Minister’s office has issued a new government resolution, aimed at relaxing the following key immigration rules for experts, specialists and technicians (which had been implemented earlier this year in response to skills gaps and other economic impacts experienced throughout COVID-19):
- Previously-issued work permits will be accepted to prove the applicant’s experience for a new work permit application (i.e., for those applying for new work permits under Decree 152 or those changing employers);
- A bachelor’s degree or equivalent or higher and at least three years of work experience relevant to the job position will be accepted to prove an applicant’s experience;
- Foreign workers who hold a valid work permit in one province can be temporarily transferred/assigned to work in another province for a period up to six months without obtaining another work permit in that province (a work location report, as per the previous rules, need only be filed).
These rule changes, among others, are expected to reduce the mobility-related administrative hurdles in Vietnam that were brought about by Decree 152 and are expected to streamline immigration applications and transfers moving forward, however, the practical impact of the new resolution may not be apparent for several weeks.
The situation
The Vietnamese Prime Minister’s office has issued a new resolution aimed at relaxing certain immigration rules for experts, specialists and technicians (which had been implemented earlier this year under Decree 152, issued by the Ministry of Labour, Invalids & Social Affairs, MOLISA) in response to skills gaps and other business issues and economic impacts experienced throughout COVID-19.
While this government resolution appears to be a positive step in reversing the most onerous aspects of Decree 152, MOLISA will still need to issue its own directives to its local Departments of Labour (DOLISAs) for implementation. Therefore, the practical impact of the new resolution may not be apparent for several weeks.
A closer look
| Change | Current related rule | Impact |
| Proof of experience for experts/specialists and technicians. Previously-issued work permits will be accepted to prove an applicant’s experience for a new work permit application. | Under Decree 152, previously-issued work permits are not accepted to prove the relevant work experience of the applicant for a new work permit applications filed under Decree 152. |
Once MOLISA implements the new rules, applicants will be able to submit their current work permits (i.e., issued under the previous Decree) as proof that they remain qualified for a new work permit under Decree 152, making for a more streamlined work permit application process. Note that in some cases, the local DOLISA may still require/request proof of overseas work experience.
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Proof of qualifications. For experts/specialists and technicians, certificates of graduation will be accepted to prove qualifications. Passport legalization. For experts/specialists and technicians, a copy of applicant’s passport will no longer need to be legalized. |
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Fewer administrative hurdles during the work permit application process (specifically for nationals of countries that do not typically issue diplomas or degrees) will make for a more streamlined immigration application process. |
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Proof of experience for experts and specialists. A bachelor’s degree or equivalent or higher and at least three years of work experience relevant to the job position will be required. Proof of experience for technicians and skilled workers. Training in technical or other fields for at least one year and at least three years of work experience relevant to the job position will be required. |
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The applicant’s work experience no longer needs to be "in the trained field" and simply "relevant to the job position" (which is presumably a lower standard). This may result in a less burdensome standard for educational/technical training background requirements for the applicant to qualify for a work permit. The DOLISAs may have less discretion to reject applications solely based on the adjudicating officer’s evaluation that the applicant’s degree and/or work experience is not relevant to their proposed job position in Vietnam. |
| Transfer of work. Foreign workers who hold a valid work permit in one province can be temporarily transferred/assigned to work in another province for a period up to six months without obtaining another work permit in that province. The employer/host entity must only report on work location to the provincial labor authorities. | Foreign workers who hold a valid work permit in one province who wish to be transferred to work in another province require a new work permit in that province. |
This process (which is essentially a return to previous practice) will make it easier for workers already in Vietnam to apply their skills for a short-term basis in other regions/provinces in Vietnam without the additional administrative hurdles of applying for a new work permit. Note that it is unclear at this stage how and when this will be implemented at the local level by provincial departments of labor (DOLISA) and industrial zones authorities. The MOLISA may issue guidelines to instruct provincial DOLISAs. |
Background
While Decree 152 was drafted and implemented largely before the latest surge in COVID-19 cases (as a result of the Delta variant), the current COVID-19 lockdown, travel restrictions between provinces, and an undefined road map out of the COVID-19 crisis in Vietnam has exacerbated concerns that foreign investment projects could be put at risk and companies may consider relocating out of Vietnam (with the onerous restrictions put in place by Decree 152 underpinning some of those concerns). In response, the government of Vietnam requested MOLISA to implement rules to ease administrative procedures and requirements for the issuance and re-issuance of work permits, among other measures, to reduce administrative hurdles for foreign nationals to work in the country.
Looking ahead
While this appears to be a positive step in terms of reversing some of the most onerous requirements imposed by Decree 152, the new resolution still must be implemented by MOLISA (and, in turn, the local DOLISAs). This could take several weeks for MOLISA to draft its implementing directives and, even then, some inconsistency in implementation between the various provinces is expected. Given that Decree 152 has been in place since February 2021, it is likely that any changes imposed will be incremental at first, while the new rules are implemented among the various government offices and officers.
We worked closely with Resident Vietnam in Vietnam to prepare this alert. This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
