Vietnam: Supplementing cases considered as experts of foreign workers

This is a notable content of theDecree No. 152/2020/NĐ-CP on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam.

Bổ sung thêm trường hợp được xem là chuyên gia NLĐ nước ngoài, Nghị định 152/2020/NĐ-CP

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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