Resolution would relax proof of work experience for foreign professionals

21 Aug 14

VIET NAM

IMPACT – MEDIUM

What is the change? Vietnam has issued a resolution to relax a contentious new law that requires that foreign professionals show proof of work experience and a university degree or diploma to obtain a work permit.

What does the change mean? Under the proposed resolution, foreign experts and technicians would instead need to prove that they have either “specialist training qualifications” or five years of work experience. Foreign teachers would need only to prove they are “professional teachers” with at least a diploma (for language training center or pre-school) or bachelor’s degree (for general educational institutions) and able to justify that they are specialized in the subject they will be teaching in Vietnam.

  • Implementation timeframe:The resolution must be approved by the legislature.
  • Visas/permits affected:Work permits.
  • Who is affected:Foreign experts, technicians and teachers.
  • Impact on processing times:
  • Business impact:The easing of the rule will have a positive impact on the ability of foreign professionals to qualify for work permits.

Background: Under a recent legislative change, foreign experts and teachers must not only have college degrees, but must prove that they have five years of experience in their field (three years for foreign technicians).

After complaints by foreign teachers and other professionals about the heightened requirements, the Vietnamese authorities issued Resolution No. 47, which is proposing to change the requirements. Experts and technicians would have to meet the qualifications of a specialist or have five years of experience. Foreign teachers would not have to prove work experience and would only be required to prove they have a language-training diploma or bachelor’s degree and are “professional teachers” specialized in the field they intend to teach in Vietnam.

BAL Analysis: Businesses and foreign professionals will welcome an easing of what was seen as an overly burdensome documentary requirement. If passed, the resolution should improve the conditions for hiring foreign experts.

This alert has been provided by the BAL Global Practice group and our network provider located in Vietnam. For additional information, please contact your BAL attorney.

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