SaiGon Times Daily- Work permits dominate dialogue
HCMC – Work permits for foreign employees among other pressing issues took center stage at a dialogue in HCMC on December 4 between enterprises and the Ministry of Labor, Invalids and Social Affairs.
At the dialogue held by the HCMC Investment and Trade Promotion Center (ITPC) and Nhan Viet Management Group (NVM Group), lawyer Miki Yasufumi at Vietnam International Law Firm (VILAF) asked why the validity of work permits for foreign workers is reduced to two years from three while their labor contracts can last three years.
According to lawyer Veera Maenpaa from Pricewaterhouse Coopers Legal Vietnam, many corporate customers of this consulting company have had difficulty seeking work permits for their employees due to a prolonged registration process and complicated administrative procedures.
Ho Xuan Dung, who is in charge of human resources at Windsor Corp., said under Decree 102 of the Government, the issuance of a work permit requires judicial records from both Vietnam and foreign countries. It takes nearly two months to get the records in Vietnam and enterprises have to cover living costs for foreign employees as they do not agree to work until they receive work permits.
Besides, the extension of work permits requires health certificates granted by designated hospitals. However, at some designated hospitals, doctors cannot speak foreign languages, so foreign laborers must be accompanied by interpreters in medical checkups.
“Why is there such regulation? Enterprises do not want to recruit people with poor health in the first place?” Dung questioned.
According to a representative of the Eastern International University based in Binh Duong Province, the health certificates of many designated hospitals are valid for only three months while the issuance of work permits may be longer than that. It is impossible to ask one to have two chest X-rays within a span of three months, this representative said.
The judicial records are issued by the HCMC Department of Justice and the department’s officers must respond to those applying for such records within 15 to 20 days but they often tell applicants to inform them before coming to collect the records.
A representative at Linh Trung Export Processing Zone in HCMC told the dialogue that State administrative agencies do not fully comply with regulations, causing difficulties for enterprises.
Deputy labor minister Pham Minh Huan said the ministry has received business associations’ complaints that it takes a long time to process a work permit application, especially when seeking judicial records and health certificates.
According to Huan, the ministry will consider proposing adjustments and amendments.
Huan said Decree 105 on work permits for foreign workers is being reviewed by the Government and the application process would be made clearer next month.
Huan noted the regulations on the validity of work permits and labor contracts are not clear and the ministry has reported to the National Assembly’s Standing Committee.