Vietnam: Supplementing cases considered as experts of foreign workers

According to Clause 3 Article 3 of the Decree No. 152/2020/NĐ-CP of the Vietnam’s Government, "expert” means a foreign worker who:

+ obtains at least a bachelor’s degree or equivalent and at least 03 years’ experience in his/her training field in corresponding with the job position/job assignment that he/she will be appointed in Vietnam;

+ obtains at least 5 years' experience and a practicing certificate in corresponding with the job position that he/she will be appointed in Vietnam; (new provision)

+ falls under a special case subject to the decision of the Prime Minister according to a request of the Ministry of Labor, War Invalids and Social Affairs.

In addition to the provisions in Clause 5 Article 3 of the Decree No. 11/2016/NĐ-CP, a foreign worker obtains at least 5 years' experience in corresponding with the job position that he/she will be appointed in Vietnam is also considered a case of technical workers who are foreign workers.

Moreover, the Decree No. 152/2020/NĐ-CP also supplements some new definitions about service providers under contract and foreign workers working under the form of service offering which are not mentioned in current regulations as follows:

- “Service provider under contract” means a foreign worker who has worked at least 2 years (24 months) for a foreign company that has no commercial presence in Vietnam and has met the requirements of an expert mentioned above.

- “Service offeror” means a foreign worker who neither lives in Vietnam nor receives any pay in Vietnam, and he/she engages in activities related to representation for a service provider to negotiate the consumption of service of that provider, provided either personally selling that service to the general public nor personally providing that service.

The Decree No. 152/2020/NĐ-CP of the Vietnam’s Government effective from February 15, 2021 and replacing the Decree No. 11/2016/NĐ-CP.

Le Hai

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