The government has promulgated Decree No 46/2011/ND-CP date 17 June 2011 amending and supplementing some articles of Decree No 34/2008/ND-CP date 25 March 2008 on employment and administration of foreigners working in Vietnam. Decree 46 demonstrates the government’s resolve to protect their local work force and to ensure that those coming to work in Vietnam are doing so legally. The new decree does not only provide changes but also reconfirms the rules around the employment of foreighers in Vietnam. Some of the most notable points are.

The confirm letter  (five year’s experience)

-          Confirmations or labor certificates or labor contracts certifying that he or she has at least (05) five years' experience in an occupation or trade, in operating production or in managerial work and suitable with the occupation positions that foreigner plans to take. Above confirmations with at least (05) five years’ experience are certified by enterprises, agencies and organizations where foreigners have worked.

-          Any documents prescribed at dossier of a foreigner which is in foreign language must be translated to Vietnamese and notarized in accordance with the law of Vietnam.” Decree 46 confirm that: if the document is in a foreign language must be translation into Vietnamese and notarized accordance with the laws of Vietnam. No legalization by consular. However it isn’t easy. If the document want notarized, it has first been legalized.

More Work permit exemption cases granted.

A foreigner working as Head of Representative Office, Head of Project Office or a foreigner assigned to represent all activities in Vietnam by foreign non-government organization don’t need work permit

       Decree 46 takes effect from 1 August 2011.  If after six (6) months, from the effective date of this Decree, working in Vietnam a foreign employee still does not have a work permit or has not lodge the application file for issuance of a work permit in accordance with regulations, the Department of Labor, War Invalids and Social Affairs shall propose that the Minister of Public Security issue a decision on deportation from Vietnam in accordance with law.”