An outbreak of
acute respiratory infections caused by a new strain of Corona virus (nCoV) was
first detected in Wuhan City, Hubei Province, China in December 2019. Up to
now, the disease has spread to many cities in China and more than 20 countries
in the world including Vietnam. Facing new complicated movements of the acute
respiratory disease epidemic caused by a new strain of Corona virus (Covid-19),
on February 2nd, 2020, the Vietnam Minister of Labor, War Invalids
and Social Affairs issued Official Dispatch No. 01/CD-LDTBXH on strengthening
measures to prevent and control Covid-19 epidemics through the tighter control
of immigration process, including the grant of visa, work permit, temporary
residence card for foreigners originating from infected area.
Accordingly, the
Ministry of Labor, War Invalids and Social Affairs shall propose the Employment
Department and the Department of Labor, War Invalids and Social Affairs, the
Management Boards of industrial parks, export processing zones and economic
zones of localities to temporarily stop granting work permit for foreign
workers from epidemic areas during the time when Vietnam declared the disease.
This affects the entry into Vietnam of foreign workers who have not yet been
granted a work permit under the law. According to Article 10 of the Law on
Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014; Point c
Clause 4 Article 1 of the Law on Entry, exit, transit and residence of
foreigners in Vietnam amended in 2019; Clause 16, Article 1 of the Law on
Entry, Exit, Transit, and Residence of Foreigners in Vietnam amended in 2019
foreign workers to be granted LD1, LD2 visas and temporary residence cards of
the same type, should be issued with a work permit in Vietnam. In
addition, foreign investors in Vietnam are
also affected, because the temporarily stoppage of granting of work permits
will also affect the application for certification of foreign workers’
eligibility for exemption from work permit for investors, it also affects the
foreign investor’s temporary residence card application.
In addition, it is
required that enterprises and organizations employing foreign workers to
temporarily stop accepting workers from China returning Vietnam after Tet
holiday to work and foreign workers moving to endemic areas during the Covid-19
epidemic announcement. In case of having received such, the enterprise must
report the list of employees who have just returned to Vietnam from China with
the necessary information as required, carry out isolation measures at places
of residence and workplaces under the guidance of the health authorities, and
at the same time monitor and examine health within 14 days from the date of
entry into Vietnam.
Labour lawyers at ANT
Lawyers shall closely monitor the changes of labour law to provide client with
update.
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