Công văn 4256/SLDTBXH-VLATLD

To: Regulatory bodies, organizations and enterprises operating in Ho Chi Minh City

As the COVID-19 pandemic is progressing unpredictably around the world, prevention of this disease must continue to ensure complete safety for accomplishment of 2021 socio-economic development targets. Assisting foreigners with entering HCMC for work has helped securing sufficient workforce for economic activities of organizations and enterprises.

To continue striving for the "dual targets” of socio-economic recovery and development and vigorous COVID-19 prevention in 2021, the Department of Labor - War Invalids and Social Affairs requests regulatory bodies, organizations and enterprises to comply with COVID-19 prevention requirements, invite only persons eligible for entry according to regulations and resolve any issue arising from the invited persons when applying for entry assistance.

When preparing applications for assistance with HCMC entry for work for foreign investors, technical experts, highly skilled workers and enterprise managers, organizations and enterprises shall include written proof of eligibility for entry according to regulations. The applications shall be submitted to the Department of Labor - War Invalids and Social Affairs and will be proposed to HCMC People's Committee after the identities of invited persons and compliance with COVID-19 prevention requirements have been confirmed.

For your reference and compliance. For enquiry, please contact Employment - Work Safety Division (phone number: 38. 222409, extension: 211, 212, 213). /.

CRITERIA

FOR FOREIGN INVESTORS, TECHNICAL EXPERTS, HIGHLY SKILLED WORKERS, ENTERPRISE MANAGERS, STUDENTS AND RELATIVES PERMITTED TO ENTER HO CHI MINH CITY

(Enclosed with Notification No. 4256/TB-SLDTBXH dated February 05, 2021)

- Pursuant to the Law on Investment and Law on Enterprises;

- Pursuant to the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020 on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam;

Criteria for foreigners permitted to enter HCMC are as follows:

1. Technical experts:

- Have at least a bachelor’s degree or equivalent and at least 03 years of experience in his/her training field corresponding with the job position that he/she will be appointed in Vietnam; or

- Have at least 5 years of experience and a practicing certificate corresponding with the job position that he/she will be appointed in Vietnam;

2. Highly skilled workers:

- Have been trained in technical field or another major for at least 01 year and have worked for at least 03 years in his/her training field; or

- Have at least 5 years of experience corresponding with the job position that he/she will be appointed in Vietnam.

3. Managers and investors:

- Managers shall be defined according to regulations in Clause 24 Article 4 of the Law on Enterprises or as the head or deputy head of a regulatory body or organization;

- Investors shall be defined as “an organization or individual that carries out business investment activities, including domestic investors, foreign investors and foreign-invested business entities” according to Clause 14 Article 3 of the Law on Investment.

4. Students:

Currently study (or expected to study) in schools located in the city.

5. Relatives of investors, technical experts, highly skilled workers and enterprise managers:

These persons include parents, spouses and children of investors, technical experts, highly skilled workers and enterprise managers.