Updated work-permit rules confuse foreign employees

Updated work-permit rules confuse foreign employees

 Next Week

What are your impressions about roadside rest stops in Viet Nam?

Long journeys along Viet Nam's highways are expected to become more convenient and comfortable for travellers after the Ministry of Transport implements a plan to build 150 new roadside rest stops along national highways by 2030.

The stops will be positioned every 30 to 50 kilometres so they are no more than four hours apart.

In 2009, the ministry worked with the Viet Nam Road Administration and the Japanese International Co-operation Agency to set up roadside stations nationwide. However, after just six months, the first three stops set up in the northern provinces of Ninh Binh, Bac Giang and Hoa Binh proved to be a failure. Passenger buses actually avoided the rest stops and complained about the services offered.

Have you ever experienced roadside rest-stops in Viet Nam? What are your impressions of the stops you've been to? What do you think is needed to improve them?

Do you think there should be more rest stops on our highways? Why do you think they are popular or unpopular in Viet Nam?

Please reply by email to: opinion@vnsmail.com, or by fax to (84-4) 3 933 2311. Letters can be sent to The Editor, Viet Nam News, 79 Ly Thuong Kiet Street, Ha Noi. Replies to next week's questions must be received by Thursday morning, September 25, 2013. — VNS

Last week, Viet Nam News asked readers to comment on the new draft law on exit, entry and residency of foreigners in Viet Nam. The law proposes that foreigners entering the country to work must have a work permit upon their arrival, except for special cases allowed by the Government.Here are some responses.

Ben Eichhorn, British, Ha Noi

Although I think that this idea is a good one in theory, I think it will be hard to implement in practice and will result in even more confusion for those of us working here.

Personally, as an English teacher with a valid work permit, I am unsure how I would be affected if I wanted to change my main employer and how it would be possible to collect and submit all the correct documents for a work permit in Viet Nam if I was not actually in the country. For example, health checks from only a limited number of hospitals in Viet Nam. are recognised.

The other question is how will the law affect people such as students or spouses of foreign employees in Viet Nam who decide to start working. Would they be expected to leave and return or are there be provisions for such changes?

There seems to be little clear information except what is available on news websites. It is, therefore, hard to comment on the overall effectiveness of the policy, particularly the one relating to the deportation of foreigners without work permits.

Adam Sitkoff, executive director of American Chamber of Commerce, Ha Noi

The American Chamber of Commerce (AmCham) supports the desire of the Vietnamese government to achieve a highly-skilled local workforce. In fact, foreign enterprises have always prioritised the development of Vietnamese staff because it helps our businesses in the long run. Readers of the Viet Nam News know that foreign employees are expensive due to high salaries and packages that provide various living allowances.

Wherever possible, AmCham member companies hire appropriately qualified Vietnamese workers instead of foreigners. There are, however, many positions for which the necessary skills are not available in Viet Nam in sufficient numbers. In addition, Article 8.2, Chapter IV of the US-Viet Nam Bilateral Trade Agreement (BTA) provides that US companies have the right to engage top managerial personnel of their choice, regardless of nationality, and any application of Viet Nam's laws must not impair the substance of this right.

The approval process outlined in Decree 102 (date September 5, providing detailed guidelines for the implementation of the labour code regarding foreign labour working in Viet Nam) imposes a number of undesirable conditions for the recruitment and work-permit extensions of foreigners working in Viet Nam.

This decree will dramatically prolong the recruitment process and costs without providing the desired benefits of creating stable economic and social development for the Vietnamese people. These unnecessary administrative burdens may potentially have a serious adverse impact on the ability of foreign-invested businesses to recruit senior management, technical experts and other highly qualified labor. Ironically, there is a very real risk that the implementation of Decree 102 as presently conceived could create disincentives for foreign investment and lead to fewer opportunities for the local workforce to learn valuable work skills.

Andrew Burden, Canadian, Ha Noi

Viet Nam needs to introduce any new laws in a timely manner. Plenty of advance notice should be given on new standards. Be predictable and consistent. Willy-nilly changes do not encourage expats to make long- term plans. We need to know visa costs, if they can be extended - and under what conditions.

I resent any inference that foreign workers are criminals or are responsible for corrupting Vietnamese culture or the economy. I say let us in as tourists, let us check out the environment and encourage us to stay.

Last week, the topic was about foreigners being restricted in renting motorbikes. Fair enough. People should have a driver's licence for motorcycles.

David Wood, British, Nha Trang

The new draft law is a paper exercise and a total waste of time. It does not really matter what laws are created if they are not enforced, as foreigners supposedly cannot work on tourist visas, yet hundreds of Russians using them are openly working in Nha Trang. There is no need to make new laws, just enforce the present's ones!

Tiffany Sakato, American-Japanese, HCM City.

I don't mind abiding by work permit regulations in any country, however, many expats do find the lack of information and superfluous formalities in this country are quite troublesome. The hardest thing is the lack of knowledge by Vietnamese staff in dealing with foreigners.

This is why some expats try avoiding work permits and use a tourist visa instead. For me, it's OK to enter the country on a tourist visa and if I'm offered a job, then I can return to my country, get the right papers.

However, I need to return to Viet Nam to apply for work permits. For many others, this procedure is burdensome and encourages them to quit working in Viet Nam. If Viet Nam loses out on highly skilled foreign professionals, the loss goes two ways.

I'm also unclear how foreigners can apply for a work permit before arriving in Viet Nam and whether the system can accommodate all of the requests. Perhaps they have to be in Viet Nam on a tourist visa and then apply.. It's quite confusing. — VNS

New motorbike rental rules for foreigners drive debate

New motorbike rental rules for foreigners drive debate

Next Week

During a meeting organised this week, the National Assembly Standing Committee discussed a draft Law on exit, entry and residency of foreigners in Viet Nam.

The draft law proposes that foreigners entering Viet Nam to work be required to have a work permit upon their arrival in the country, except for special cases allowed by the Government.

It is meant to replace the existing Ordinance on exit, entry and residency of foreigners, which allows them to change their entry purposes after entering Viet Nam.

As a result, a large number of foreigners have actually entered Viet Nam as tourists and then change their registered purposes in order to reside and work in the country. Some have even reportedly been involved in illegal labour activities or crimes.

The draft Law is intended to prevent foreigners from working against their entry purposes and affecting the country's security and social order.

What do you think of the draft Law? Are you for or against it? Do you think that this regulation would be enforceable, if made effective?

Do you think foreigners would be discouraged to work in Viet Nam because of the regulation? How would it affect foreign workforce in Viet Nam and employers with high demands for foreign workers?

Please reply by email to: opinion@vnsmail.com, or by fax to (84-4) 3 933 2311. Letters can be sent to The Editor, Viet Nam News, 79 Ly Thuong Kiet Street, Ha Noi. Replies to next week's questions must be received by Thursday morning, September 19, 2013. — VNS

Last week, Viet Nam News asked readers what they thought about the ban on local travel agencies letting foreign visitors hire motorbikes without Vietnamese driving licences. Here are some of the responses:

Michael Lorton, American, San Francisco

Motorcycling is certainly the best way to see Viet Nam, but Viet Nam certainly does not want to end up like Thailand, where the bodies of drunken Australian boys and the wrecks of their scooters clog the roads of the Gulf islands.

The obvious compromise is to require both an International Driver's Permit, which shows that the rider is qualified to operate a motorcycle in his home country, and proper insurance, which guarantees that any damage the motorcycle does to other vehicles will be paid for and if necessary, the remains of the rider will be repatriated.

Pair that up with vigorous enforcement and stiff fines and you will get enthusiastic, but cautious, travellers and safe highways.

Robert Fox, New Zealander, a frequent visitor

For most travellers coming to Viet Nam as tourist, even for as long as three months they will be unable to procure a driving licence.

It would be beneficial to all concerned if there was a simple procedure where for a small sum of money a visitor could show their own licence issued in their own country and receive a temporary Viet Nam one.

In order to ride a motorcycle in Viet Nam they should have to show a motorcycle license from their country, so this eliminates any discrimination. This would benefit Viet Nam with extra revenue and save money for the tourist to be instead spent on their travels.

My friend and I have travelled parts of this country by bicycle with no problems and enjoyed it very much but we both agree because of the size of your country, in order to see much more we would need to use a motorbike.

I am sure there are many people like us, who do not like and will not take bus tours, but will happily tour Viet Nam by themselves if the regulations make it easy for them to do so.

Nick Veltre, American, Ha Noi

Crackdown is a word used entirely too much in Viet Nam. "Fixing the broken laws" is a phrase used not enough. Making laws easy to comply with is not a forte of the Vietnamese legislature.

In most countries, the "International Driver's License" for which one shows a home country licence and pays a few dollars is accepted as a legal driving document when travelling. Viet Nam did not sign that treaty. So our "International Driver's Licenses" are good all over the world, except Viet Nam.

For those of us who have lived here longer—we would like drivers licences too. But you can only take the written test in Vietnamese.

In California, for example, if a Vietnamese person wants to get a driver's license—they can take the test in Vietnamese. In fact, to get a California drivers license, you can also take the test in Arabic, Armenian, Chinese, Farsi, Korean, Punjabi, Russian and Spanish.

How hard could this be? Sign the International Driver's license treaty. Allow long-term residents to take the drivers test in at least English. Our country is polite to your countrymen. We help Vietnamese visitors to our country follow our laws. We want to follow your laws. Let us take the driving test in English. We do it for you.

Andrew Burden, Canadian, Ha Noi

I attended many first aid courses working in the oil industry. I would not trust most ‘graduates' to help me in an emergency. The same applies for anyone holding a motorcycle license.

You have to be a little crazy or semi-suicidal to ride a bike in Asia. I think it is a good, first, baby step for the Vietnamese government to require foreigners to have a driver's license to rent a bike. What about insurance? Does the bike shop supply a proper helmet? Is the bike properly serviced?

There is a big difference between having a licence and having competence. Confidence and credentials will only get you so far.

I ride bikes in Canada, the US, the Philippines, Thailand and Viet Nam. Each place is equally dangerous. Black ice, speeding sports cars, sand and mud, driving on the left and rats scurrying across roads are all equally dangerous. That is one example per country. There are many more.

Son Linh, Vietnamese, Ha Noi

In recent times the image of foreign tourists driving motor bikes here has become increasingly common. However, many of them do not have an appropriate driving licence for Viet Nam and many are driving these bikes for the first time in their lives.

They are mostly ignored by traffic police due to the language barrier or, more importantly, because foreigners have unofficial special rights as part of our policies promoting tourism.

It is a fact that the disorder on Vietnamese roads will only worsen if unskilled drivers are allowed to rent bikes for travelling. It is dangerous for them and other people as well. Therefore, I think the crackdown is an effective preventative solution for these problems.

For both encouraging tourism and ensuring safety, bikes should only be given to foreign visitors who have sufficient licensing, including their national or international licence.

Anyone else who wants to discover the country's landscapes by bikes had better enjoy them from the back seats of vehicles operated by skilled drivers, who can even act as native travel guides supported by travel agencies.

I am confident that foreign visitors will understand the good sense of this crackdown. There is no need for them to feel sided against as this is just a measure to increase safety for everyone. — VNS