April 4, 2014
As a result of the new Circular #3 that was issued on February 24th, the Hanoi and Bac Ninh Labor Departments have started to request a local police clearance from work permit applicants who arrived in Vietnam a few weeks prior to filing the application. Currently, this new requirement has only been implemented in Hanoi and Bac Ninh; however, it is expected that more provinces will follow suit soon.
Based on Decree 46 and the related circular, a local police clearance was previously only required (in addition to the overseas police clearance) if the applicant had, at any time, lived in Vietnam for at least 6 months. The new circular states that the local police clearance is required if the applicant has stayed in Vietnam, but does not include a specific amount of time anymore. Currently, the individual Labor Departments have the authority to determine the exact amount time an applicant has stayed in Vietnam in order to require this additional police clearance.
Local police clearances can take several weeks to be issued – for example, it takes 20 working days in Hanoi – which, if required, will result in a significant delay in the lead time to submit the work permit application. Pro-Link GLOBAL therefore advises employees to travel to Vietnam only once their work permit application package is nearly ready for submission. Employees will be advised of the appropriate time to travel to Vietnam on a case-by-case basis. Pro-Link GLOBAL will be able to assist with applying for the local police clearance as needed.