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backASIAtalk May, 2012

Vietnam: Guidelines on the Recruitment of and Management Over Expatriates

Circular No. 31/2011/TT-BLDTBXH was issued by the Ministry of Labor, Invalids and Social Affairs on November 3, 2011, to provide guidelines on the implementation of, and explanatory notes on, Decree No. 34/2008/ND-CP and Decree No. 46/2011/ND-CP regarding the Recruitment of and Management Over Expatriates Working in Vietnam.

The highlights in the Circular are

• for those expatriates in the positions of Chief of Representative Office, Manager of Project Office, or those as appointed by foreign NGOs to be Representatives for their activities in Vietnam (as stated in Licenses for Establishing a Representative Office or Operating Licenses of the entities in accordance with the laws), no work permit is needed,

• for those being members of a limited liability company of two or more members or the owner of a limited liability company of one member or members on the board of management of a joint stock company, a work permit is also not needed in cases where they work at such enterprises or organizations. However, if such individuals work for another entity in Vietnam for three months in full or more, a work permit must be obtained. Such expatriates must submit to their employers, Vietnamese partners, or foreign NGO's representatives, the permits at least two (2) days prior to the expiry or invalidity of the permits.

The Circular replaces Circular No. 08/2008/TT-BLDTBXH, dated 10 June 2008.

Source: Baker & McKenzie - GAI

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