Công văn 371/A72-P2

On 17/05/2011, the Prime Minister issued the Directive No.734/CT-TTg regarding the reorganization of the management for the EPC package, assigning "the Ministry of Public Security to coordinate with Ministry of Foreign Affairs Department in directing Vietnam Immigration Department and diplomatic missions in the countries to strictly control the entry and exit for foreigners; in cases of issuing visa for 10 persons or more to work in Vietnam under all forms, it must consult opinions of the investment governing agency or investor. "

On 17/06/2011, the Government issued Decree No.46/2011/ND-CP amending and supplementing some Articles of Decree No.34/2008/ND-CP dated 25/03/2008 providing for recruitment and managing foreigners working in Vietnam. In clause 17, Article 1 of Decree, the Government assigned the Ministry of Public Security to direct and guide the public security agencies with the following competence: to grant visas to foreigners after they are granted work permits, extend work permits or re-grant work permits; not to grant visas for foreigners to work in Vietnam when they are not granted work permits or work permits expire or invalid; not to renew their temporary residence, forced to exit or expel for foreigners working in Vietnam without work permits or work permits expire, invalid ...

In order to uniformly implement the above provisions, with the consent of the leaders of the Ministry of Public Security, Vietnam Immigration Department recommends the agencies to thoroughly understand, inform the subordinate organizations, units and enterprises the following contents:

1. Enterprises, investors, contractors wishing to receive foreign laborers must directly conduct procedures with the Vietnam Immigration Department to guarantee the personnel approval for them from foreign countries to enter into Vietnam; not to use foreigners entering into Vietnam in the forms of travelling, searching market, doing business... to work. The EPC packages, written requests for personnel approval for a group of 10 persons or more of the contractor must be included the consent of the investment governing body or investor.

2. The cases requesting for the grant of visas over 03 months (including the foreigners as volunteers, employees of non-governmental organizations; experts, advisors of the administrative and legal reforming projects of the National Assembly, the Government, projects of the ministries, branches, People’s Committees of provinces, cities ...), records must include one of the following documents: papers proving those persons  to be of cases exempted from work permits; work permits are still valid (over 03 months); receipts filed for issuance of work permits; specific program of activities in Vietnam (to prove the working time, temporary residence of less than 03 months/time of entry).

3. Reviewing the number of foreigners working in their agencies, units, organizations and enterprises to make procedures of granting work permits for the number worked 03 months or more (not being of cases exempted) and layout exit for the number that are not eligible for grant of work permits. From 01/02/2012, foreigner working in Vietnam subject to work permits without a permit (or permit is no longer valid) or has no proof filed for issuance of permit at the local labor management agency, Immigration agency will not renew temporary residence and forced to exit.

4. For foreigners having valid work permits or proof of exempt from work permits, they will continue to be created favorable conditions for residence and working by the Immigration agencies.

Request the agencies, offices to coordinate with./.