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:: Hot Topics |
VIETNAM – New Regulations for the Employment of Foreign
Nationals
By Fragomen, Del Rey, Bernsen &
Loewy, LLP
06/06/2008
The Vietnamese government has issued Decree 34/2008/ND-CP ("Decree 34") to
replace all previous regulations on the employment of foreign nationals in
Vietnam. Key changes made by Decree 34 are outlined below.
New Percentage Cap on Employment of Foreign Nationals
Decree 34 removes the three percent cap on the number of foreign national
employees a Vietnamese entity may hire. However, international entities with
intra-company transferees from abroad now must have at least 20% of their
managers, executives, and "specialists" comprised of Vietnamese citizens.
"Specialists" include foreign nationals with considerable experience in
production, business administration, or management, or a high-level of
qualifications and expertise in research, technical knowledge, or equipment
management.
Work Permit Exemptions Eliminated
The following categories of foreign nationals are no longer exempt from
requiring work authorization: (1) heads of foreign branch and representative
offices, and (2) employees of foreign-based contractors. Individuals in these
categories must obtain work authorization by July 12, 2008 in order to continue
working in Vietnam.
Decree 34 went into effect on April 12, 2008. The Vietnamese government is
expected to issue further guidelines on its implementation. Fragomen will
continue to monitor developments in this area and issue updates as necessary.
In preparing this alert, Fragomen has worked closely with Resident Vietnam (Ho
Chi Minh City and Hanoi). The content of this alert is provided for
informational purposes only.
If you have any questions regarding this alert, please do not hesitate to
contact the global immigration professional with whom you work at Fragomen
Global Immigration Services, or send an email to
APCCInitiations@fragomen.com.
Source:
http://pubweb.fdbl.com/news1.nsf/c8abb103352ef95a86256e3100809438/bec7f4e14740bc878525746400739cce?OpenDocument
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