The Government issued Decree No. 140/2018/ND-CP (“Decree 140”) dated  October 8, 2018 amending and supplementing some decrees on the condition of business, investment and administration procedures under the management of Ministry of Labor, Invalids and Social Affair.

Question: (Seedon Partners firm in HCMC) The company registered and got a work permit for the post as General Director.The applicant who is subjected to the post also got another employment contract in another company in the title of Director. 

The company applied Point a, Clause 8, Article 10 of Decree 11/2016/ND-CP (Decree 11) on detailed regulations on implementing a number of articles of the labor code regarding foreign workers in Viet Nam. Accordingly, if the foreign worker who is the holder of an unexpired work permit wants to enter into the employment contract with another employer at the job position which is the same with that defined in his work permit in accordance with the law.  

However, an employee of the company submitted the dossier to the HCMC Department of Labor, Invalids, and Social Affairs. However, the dossier was refused as Point a, Clause 8, Article 10 of Decree 11 is applied only on the same title and position. 

Answer: Point a, Clause 8, Article 10 of Decree 11 was supplemented and amended in Decree 140/2018/ND-CP, dated October 8, 2018 regarding conditions and procedures to issue the work permit for expatriates working in Viet Nam.

Accordingly, expatriates who got valid work permits in Viet Nam, serve for other employers in the same job titles and positions stipulated in job permits are allowed to submit other job permits. 

The new dossiers include papers which are stipulated in Item 1,5,6, and 7 of Article 10 under Decree 11/2016/ND-CP, valid labor permits or copies of licensed labor permits./. 

Source: www.chinhphu.vn