Circular 31 providing guidelines on the implementation of Decree 46 was issued on Nov 3rd and will take effect on Dec 18TH 2011. The key points of circular 31 are:

Chief Representatives of company representative offices in Vietnam are not exempted from work permit. Read More Decree 46 which mentions that Chief Representatives were exempted of Work Permit referred to the heads of Representative offices of Non Governmental Organization in Vietnam ONLY. However, this is still interpreted differently by labor departments in the different provinces of Vietnam.

Circular 31 provides guidelines on documents required for Work permit extension for foreigners working in Vietnam in the form of internal transfer within an enterprise.

Foreign nationals working for a period of more than ten consecutive days or thirty days accumulated in 01 year in another province of Vietnam than the one in which he obtained his work permit shall be reported to the labor department of that province.

Within 1 month following the expiry date or annulment of the work permit obtained for a foreigner, a transfer can be made to another enterprise for the same position. Beyond 1 month a fresh application with a new set of documents is required.

An expired or annulled work permit by an employer shall be returned to the department of labor within 15 days following the expiry date of the work permit.

Employer must report annually before the 15th of December their plan of recruitment and employment of foreign nationals for the following year. Any change of this recruitment plan during the year shall be reported to the labor department.

Employers, Vietnamese party or non-governmental organizations hosting a foreigner shall be responsible for sending a half-yearly report on the situation of employed foreigners following the application form prescribed by the Ministry of Labor, War Invalids and Social Affairs.

Spouses of diplomats are not automatically exempted from having a work permit. This will depend whether or not there is an agreement between the Ministry of foreign affairs of the respective country and the Vietnam Ministry of foreign affairs.

Circular 31 also provides standard forms prescribed for required reporting procedures.