Vietnam – Implementation of Immigration Procedural Changes

What has changed

Effective October 8, 2018, the Ministry of Labour, Invalids and Social Affairs (MOLISA) implemented new changes to the work permit application requirements, cancellation process, processing time and exemption. These new administrative procedures introduced through Decree 140/2018/NĐ-CP amend and supplement several work permit articles in Degree 11/2016/ NĐ-CP.

Who is affected

All clients who have or will have employees based in Vietnam, who require new work permits.

What to expect

Revised Application Requirements:

Per the new decree, applicants can now provide a standard passport copy for their work permit application. However, the Ho Chi Minh City (HCMC) Labor department still requires applicants to submit a notarized copy of their passport. Previously, a notarized/certified copy of an applicant’s passport was required for all applicants.

Work Permit Cancellation Process No Longer Required:

Applicants no longer need to go through the work permit cancellation process. Currently, the HCMC and the Hanoi Labor Departments are no longer accepting work permit cancellations. The HCMC Labor Department voiced that this may be a temporary policy and in the future they may require and accept work permit cancellations again.

New Processing Time:

The new processing time, beginning from application submission to work permit issuance, has been reduced from seven (7) to five (5) working days, although this may not be realistic in practice.

Clarifications of Work Permit Exemption:

According to Clause 2, Article 7, of Decree 11/2016/ NĐ-CP, “the person responsible for establishing the commercial presence” of an entity in Vietnam is exempted from applying for a work permit or a work permit exemption certificate.

Please note that the implementation of these new changes may be subject to change in different provinces and can vary during the initial transition period.

What you need to do

  • Emigra Worldwide will directly contact clients who may be directly affected.
  • Contact your Emigra Worldwide representative for further details on how these updates may impact you or your client.