Excerpt from VIR – By Thai An

The business community and non-Vietnamese employees have expressed dismay over changes in requirements to qualify as a foreign expert worker under Decree No.152/2020/ND-CP, which took effect from February 15 and regulates the recruitment and management of overseas workers coming to work in Vietnam.

According to Clause 3, Article 3 of Decree 152, a foreigner entering Vietnam for work shall be considered an expert in one of the two standards. Specifically, he or she is required to have a university degree or higher, and at least three years’ work experience in his/her field corresponding to the role that he/she will be appointed to in Vietnam. Otherwise, he or she is required to have at least five years’ work experience and a practicing certificate corresponding to the role in Vietnam. Special cases shall be approved by the Prime Minister, following recommendations from the Ministry of Labour, Invalids, and Social Affairs.

Compared to Decree No. 11/2016/ND-CP issued in 2016, requirements related to the qualifications essentially remain the same, but Decree 11 only required foreign experts to have a certificate from any overseas agency, organization, or enterprise confirming their expertise, and did not specify the prerequisite length of work experience.

During the interview regarding his opinion about the changes, ICHAM Executive Director Sir. Pham Hoang Hai expressed: