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Global Mobility Insights - Herbst / Fall 2023 Stricter criteria for foreign workers As mentioned earlier, Decree 152 requires foreigners to have a practicing certificate with at least five years of work experience in the job that they will be hired for in Vietnam. The Decree also does not specify what the practicing certificate should entail leaving largely the local MoLISA to decide. Alternatively, an expert needs to have a relevant bachelor’s degree or higher relevant to their job position in Vietnam and a minimum of three years of work experience. In addition, the practicing certificate must be confirmed by an overseas company or organization. Resolution 105 has eased some of these requirements as mentioned earlier, but further guidance will be needed so businesses can plan accordingly. Several businesses have expressed concerns regarding the new regulations and have stated that not all degrees that foreigners obtain are relevant to their current jobs while the employee may be highly experienced. Employers should ensure they are compliant The recent regulations and updates show that the government is listening and wants to ensure economic growth, as Vietnam suffers its worst outbreak yet. Nevertheless, businesses are advised to take note and study the new regulations carefully to ensure they are in compliance of the requirements. Businesses and employees that are not in compliance face strict penalties and even deportation if they are found without a work permit, flouting labor rules. Contact: Dezan Shira & Associates 60 Nguyễn Đình Chiểu, Đa Kao, Quận +84 (0) 28 3930 2828 1, Thành phố Hồ Chí Minh hcmc@dezshira.com Vietnam dezshira.com convinus.com 42
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