Foreign nationals who want to work in Vietnam will be able to acquire employment permits online, via the web portal http://dvc.vieclamvietnam.gov.vn, starting from October 2, 2017.

Foreign teacher at Lac Hong Billingual School (Dong Nai province) Photo: NDO

The aforementioned regulation was stipulated in the Ministry of Labour, Invalids and Social Affairs’ (MOLISA) recently issued Circular No. 23/2017 on guiding the granting of permits to foreign employees working in Vietnam, via an electronic network.

The circular will be applied to foreign nationals who work in Vietnam and the enterprises and organisations that are entitled to employ foreign workers, as stipulated in Sub-article 2, Article 2 of Decree No. 11/2006/ND-CP.

Agencies approving the demand for using foreign workers include the Department of Employment (under the MOLISA); the chairpersons of provincial-level People’s Committees; the provincial Departments of Labour, Invalids and Social Affairs; and the management board of industrial zones, processing zones, economics zones and high-tech parks, if authorised in accordance with the law.

Electronic transactions in granting work permits to foreign employees working in Vietnam include the approval of the demand for using foreign labourers, the granting or re-granting of work permits, and the confirmation of cases which are not yet subject to the online granting of work permits to foreigners working in Vietnam.

The work permit dossier consists of a declaration and attached papers which must be in accordance with the legal regulations on electronic transactions and the management of foreign workers in Vietnam.

Concerning the approval of the demand for using foreign workers, employers must fill in the declaration form and submit a report explaining their demand for using foreign workers (pursuant to Article 4 of Decree No. 11/2006/ND-CP), to the approval agencies via the web portal, at least 20 days prior to the day they plan to employ foreign workers, except for the cases stipulated in Sub-article 4, 5, 8, Article 172 of the Labour Code, and Point e and h, Sub-article 2, Article 7 of Decree no. 11/2016/ND-CP.

In case of any changes in the demand for using foreign workers, employers must submit an explanation report on the changes via the portal, at least 10 days ahead of the day they plan to employ foreign workers.

In regards to the granting of permits, employers must fill in the declaration form and submit a work permit application dossier (pursuant to Article 10 of Decree No. 11/2006/ND-CP), to the permit granting agencies via the web portal, at least seven days prior to the day foreign employees plan to commence work.

Concerning the confirmation of foreign workers as being not subject to the online granting of work permits, employers must fill in the declaration form and submit a dossier asking for the confirmation (pursuant to Sub-article 3, Article 8 of Decree No. 11/2006/ND-CP) to the permit granting agencies at least five days prior to the day foreign workers plan to commence work, except for the cases stipulated in Sub-article 4, 5, Article 172 of the Labour Code, and Point e, Sub-article 2, Article 7 of Decree no. 11/2016/ND-CP.

The Department of Employment, under the MOLISA, is responsible for managing, instructing and inspecting the implementation, synthesis and reporting of the situation of granting work permits to foreigners via the web portal.

The provincial-level People’s Committees are tasked with directing the authorised agencies in their localities to disseminate and popularise the regulations in regards to the granting of work permits to foreigners via the web portal, whilst inspecting and handling violations in accordance with the law.

The provincial Departments of Labour, Invalids and Social Affairs are responsible for granting work permits to foreign employees via the web portal in their localities./.

VNF/NDO