New regulations for foreign managers, executive directors, experts and technical workers in Vietnam

Date Create: 29/03/2021



On December 30, 2020, the Government issued Decree No. 152/2020/ND-CP stipulating foreign workers in Vietnam and recruitment and management of Vietnamese workers at the foreign organizations and individuals in Vietnam under a number of articles and clauses of the Labor Code 2019 (effective from January 01, 2021), in which there are amendments and supplements of new regulations on foreign workers being experts, managers, executive directors and technical workers in Vietnam.

New regulations for foreign managers, executive directors, experts and technical workers in Vietnam under Decree No. 152/2020/ND-CP were applied from February 15, 2021. Accordingly, the provisions of the previous Decree No. 11/2016/ND-CP shall be completely abolished.

Below is a comparison table of mentioned regulations for foreign managers, executive directors, experts and technical workers in Vietnam between Decree No. 152/2020/ND-CP and Decree No. 11/2016/ND-CP:

 

Decree No. 152/2020/ND-CP

Decree No. 11/2016 / ND-CP

Expert

Experts are foreign workers meeting one of the following:

a) Having a Bachelor’s degree or higher or equivalent and having at least 3 years of experience working in the specialized field relevant to the job position the foreign worker is expected to work in Vietnam;

b) Having at least 5 years of experience and having practicing certificate relevant to the job position the foreign worker is expected to work in Vietnam.

Experts are foreign workers meeting one of the following:

a) Having a written certification of being an expert of an overseas agency, organization or enterprise;

b) Having a Bachelor’s degree or higher or equivalent and having at least 03 years of experience working in the specialized field relevant to the job position the foreign worker is expected to work for in Vietnam.

Manager

Managers are who manage enterprises or are the heads, deputy heads of agencies or organizations.

Managers are who manage enterprises or are the heads, deputy heads of agencies or organizations.

Executive director

Executive directors are the heads and directly operate units directly under agencies, organizations or enterprises.

Executive directors are the heads and directly operate units directly under agencies, organizations or enterprises.

Technical worker

Technical workers are foreign workers meeting one of the following:

a) Being trained in a technical field or in other field for at least 01 year and working for at least 03 years in the trained field;

b) Having at least 5 years of working experience relevant to the job position the foreign worker is expected to work in Vietnam.

Technical workers are who are trained in a technical field or other field for at least 01 year and work for at least 03 years in the trained field.

Foreign worker internally mobilizing within the enterprise

Being managers, executive directors, experts and technical workers of foreign enterprises that established their commercial presence in the territory of Vietnam, temporarily mobilizing within the enterprises to their commercial presence in the territory of Vietnam and having been employed by foreign enterprises for at least 12 consecutive months.

Being managers, executive directors, experts and technical workers of foreign enterprises that established their commercial presence in the territory of Vietnam, temporarily mobilizing within the enterprises to their commercial presence in the territory of Vietnam and having been employed by foreign enterprises for at least 12 months.

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