Pacific Bridge, Inc. - Asian HR eNewsletter

Volume 9, Number 12 (December 3, 2009)

NEW ENFORCEMENT OF VISA REGULATIONS FOR EXPATS IN VIETNAM

Recent unexpected changes in enforcement of visa regulations for expats in Vietnam could prove costly to foreign companies doing business there. Although experts say that no new legislation has been introduced, Vietnamese authorities began much stricter enforcement of generally lenient immigration regulations without notice during the past few months.

Foreigners who are legally employed in Vietnam are generally eligible for work permits that are valid for a period of one to three years. Under the new enforcement, however, these individuals will be required to renew their visas every six months. In some cases, foreigners have even reported being asked to apply for renewal every three months. Renewal is not guaranteed and some foreigners claim that they have been denied extensions without explanation. It is also believed that if the strict enforcement continues, work permit holding foreigners may be asked to actually leave Vietnam at least once every six months to keep their visas active. This could cause a significant loss of time and resources for companies that employ foreigners in Vietnam.

As part of its immigration crackdown, the Vietnamese Department of Labor, War Invalids and Social Affairs (MOLISA) has also begun closer monitoring of foreign blue collar laborers working illegally in the country. In recent years Vietnamese cities have seen an influx of workers from neighboring Southeast Asian countries and even from as far away as Nigeria, Turkey and Iran. These workers are employed mostly in the textile and apparel industries and many of them work for foreign companies or suppliers to foreign companies. Estimates show that as much as 1/3 of these workers do not have valid work permits in Vietnam.

Ho Chi Minh City has warned companies that employ these workers that they will be given a grace period of 3 months to obtain all necessary documentation for illegal workers, or the workers will be deported. Fines for companies that are found to be in violation of labor regulations will also be increased significantly.



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