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No work permit? You may be expelled

Foreign workers without work permits will be forced to leave the country, says Deputy Minister of Labour, Invalids and Social Affairs Nguyen Thanh Hoa.
Foreign workers without work permits will be forced to leave thecountry, says Deputy Minister of Labour, Invalids and Social AffairsNguyen Thanh Hoa.

The regulation comes under a draftdecree which has been edited by the Ministry of Labour, Invalids andSocial Affairs before it is submitted to the Government.

The draft decree also regulates foreigners who work as high-ranking experts would not need a work permit.

Government Decree 34/CP, which regulates foreign worker recruitment andmanagement, came into effect in April 2008, but enterprises thatemployed foreigners without permits only received administrativepunishment under the regulation.

Foreign workers who didnot obey the decree were to be expelled, but in fact, that neverhappened because the decree was not strictly enforced, said Hoa.

Enterprises found guilty of violating the regulation were fined up to5-10 million VND (250-500 USD), depending on their levels of violation.

Procedures to issue work permits would not be changed, but would be more strictly regulated, he added.

The draft decree would not have unnecessary procedures like the oldone, under which the Minister of Public Security had to authorise anyexpulsions. Under the updated version, city police directors would havethe power, said Hoa.

"The draft decree creates goodconditions for foreign workers with high levels of ability to work inVietnam , and manages other foreigners better," he said.

Nguyen Trung Kien, a personnel manager at Hue Phong Leather Shoes Co Ltdin HCM City , said that his company employed 60,000 workers, 3percent of whom were foreigners from Asian countries.

"Allforeigners that work for my company have work permits because we wantto ensure their rights when working in Vietnam ," he said.

However, some foreigners were unsatisfied with the draft decree.

Robert Potts from England , who works for a newspaper in Hanoi ,said that to obtain a work permit, he would have to go through a numberof procedures including an official health check, and would also have toprovide authorised police records, proof of residence and academiccertificates, all with translations.

"It's very difficultto get hold of these documents. If the Government wants to enforce thedecree, it should simplify the procedures," he said.

John Ingalls, from England , agreed with Potts.

"I would like to have a work permit but landlords and employers arereluctant to declare foreigners as it means they have to pay more tax,"he said.

According to ministry statistics, there arecurrently 57,000 foreign workers in the country, 70 percent of whom havework permits, and 30 percent work under a visa./.

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