2021-10-05-KPMG_Global-Vietnam_–_Resolution_No._105_Affecting_Foreign_Labour_in_Vietnam_6页_234kb

报告摘要

GMS Flash Alert Summary: Vietnam - Resolution No. 105 Affecting Foreign Labour in Vietnam

Core Content

Resolution No. 105/NQ-CP, issued by the Vietnamese government on 9 September 2021, provides relief measures for enterprises, co-operatives, and business households affected by the COVID-19 pandemic. It includes several amendments to the regulations governing foreign labour, aiming to enhance flexibility and reduce administrative burdens.

Main Points

1. Work Permit Flexibility

Relaxation of Qualification Requirements:
- Point a, Clause 3, Article 3 of Decree 152 is now implemented to allow foreign workers with a university degree or equivalent and at least three years of relevant work experience to obtain a work permit, regardless of their degree being directly related to the job.
- Point a, Clause 6, Article 3 of Decree 152 is relaxed to permit foreign workers with one year of training in a technical or specialised discipline and three years of relevant work experience to qualify, even if the training field does not match the role.
- Previously issued work permits are now accepted as proof of experience for foreign experts and technical workers.

2. Mobility of Foreign Workers within Vietnam

Foreign workers with valid work permits can relocate to another province or city for up to six months without re-applying for a new permit.
Employers must notify the local labour authority in the new location in writing before the relocation.

3. Vaccine Passport Recognition

Vietnam has recognized vaccine certificates from 61 countries and territories as of 27 August 2021.
The Ministry of Foreign Affairs (MOFA) is tasked with accelerating mutual agreements on vaccine passport recognition.
Quarantine rules for foreign workers entering Vietnam are based on vaccination status and prior infection:
- 7-day quarantine applies to those who are vaccinated within 14 days to 12 months prior and tested negative within 72 hours before travel.
- 14-day quarantine applies to those who cannot provide such evidence.
Documents must be notarized and legalized if not officially presented by the Vietnamese embassy abroad.

4. Enhanced Guidance for Foreign Teachers

The Ministry of Education and Training is required to work with MOLISA to provide clearer guidance on qualifications for foreign teachers working in short-term training centres, high schools, vocational training centres, and universities.
This is expected to ease restrictions and allow more foreign teachers to legally work in Vietnam.

5. Suspension of Unnecessary Audits

Authorities are instructed to temporarily suspend non-essential audits on enterprises, co-operatives, and business households affected by the pandemic.
These audits can be conducted later when the situation stabilizes.

Key Information

Resolution 105 is effective from 9 September 2021.
It aims to support businesses in the context of the pandemic and align Vietnam's foreign labour regulations with international standards.
The KPMG note highlights that while some provisions have been relaxed, there are still uncertainties, particularly regarding the recognition of work permits across provinces and the adequacy of old permits for promotions.
Businesses are advised to consult local authorities and prepare for potential future audits.

Recommendations

Consult local authorities: Businesses should seek guidance from the local labour authority before applying for new work permits.
Prepare for relocation: Employers should notify the relevant provincial authority in advance if relocating foreign workers.
Check vaccine certificate recognition: Foreign nationals should verify if their vaccination certificate is recognized in Vietnam through the MOFA website.
Monitor updates: Educational institutions and businesses should wait for further guidance from MOLISA on teacher qualifications and foreign labour compliance.