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CONVINUS Global Mobility Insights NEWSLETTER Herbst / Fall 2023

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Global Mobility Insights - Herbst / Fall 2023 A manager is defined as: A person in charge of the organization. An executive is defined as: An employee directly administering affiliated entities of the employer. A technical worker is defined as: An individual that has been training in a technical field or another major for at least one year and has been working for at least three years in their trained field; or Has at least five years’ experience related to the job for which they will be employed in Vietnam. Decree 152 requires several documents required for a work permit application. These include: Application form; Health certificate issued in the past year as per guidelines by the Ministry of Health; Police or criminal clearance certificate, no less than six months old; Proof as a manager or executive; Proof as an expert or technical worker; and Acceptance from MoLISA for the demand for foreign employees. Work permit exemptions Decree 152 lists several cases for work permit exemptions. As such, foreigners can only be exempt from a work permit if their capital contribution to the company is at least US0,400 (VND 3 billion). Experts, managers, or technicians that enter Vietnam for up to 30 days no more than three times in a year may be exempted from a work permit. Foreign workers married to Vietnamese citizens and living in Vietnam are also exempted from work permits. In addition, businesses that employ foreign personal that are exempted from a work permit must inform MoLISA at least three days before the employee start working in Vietnam. 40

Global Mobility Insights - Herbst / Fall 2023 Work permit renewals Work permits should be renewed at least five days but not more than 45 days before the expiry date with an application to MoLISA. Vietnamese employees As per the new Decree, foreign businesses can now directly recruit Vietnamese employees without having to use a competent authority for recruitment. 41

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