Official Letter No. 1099/CVL-QLLĐ dated October 17, 2024 of the Employment Department on guidance for issuance of work permits for foreign workers
Accordingly, the Employment Department provided guidance to the Hung Yen Provincial Department of Labor, Invalids and Social Affairs regarding: In cases where an employer hires a foreign worker under the form of intra-corporate transfer, the employer is not permitted to sign a labor contract or pay salary.
The Employment Department based its guidance on the provisions under Points a and b, Clause 1, Article 2 of Decree No. 152/2020/NĐ-CP dated December 30, 2020 of the Government, which regulates foreign workers working in Vietnam and the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam:
“Article 2. Regulated subjects
- Workers who are foreign nationals working in Vietnam (hereinafter referred to as foreign workers) under the following forms:
a) Working under a labor contract;
b) Intra-corporate transferees.”
Compared to previous instructions and case handling practices in many localities, the contents of Official Letter No. 1099/CVL-QLLĐ present certain differences. We will continue to monitor and promptly update new guidance from the relevant authorities on this matter in the coming time.
Please refer to the attached file for detailed information.
