Decree 27 Provides Policies For Attracting Foreign Experts To Vietnam.

Legal News & Analysis - Asia Pacific - Vietnam - FDI - Regulatory & Compliance

24 March, 2020

 

On March 1, 2020, the government of Vietnam issued Decree No. 27/2020/ND-CP amending and supplementing two decrees in the field of science and technology, including Decree No. 87/2014/ND-CP on attracting overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam. Decree 27 will take effect on April 15, 2020.

 

One of the main changes provided under Decree 27 is a loosening of the standards for the attraction policies provided under Decree 87, which required candidates to, for example, have earned doctorate degrees or be holders of registered patents. Under Decree 27, agencies hoping to attract foreign experts may seek the Prime Minister’s approval, on a case-by-case basis, for candidates who fail to meet the strict conditions stipulated in Decree 87 but have the proven ability to contribute effectively to the scientific and technological fields.

 

Additionally, under Decree 27, overseas Vietnamese and foreign experts who come to Vietnam for scientific and technological work are entitled to negotiated salaries which are equivalent to the salaries for equivalent positions held in foreign organizations or wholly foreign-owned enterprises. Prior to this amendment, the criteria for salaries had been rather ambiguous, such as defining the priority level of the aforementioned work, but such criteria will be abrogated in Decree 27.

 

Pursuant to Decree 27, individuals are also entitled to special allowances for certain scientific and technological achievements in Vietnam, such as the publication of research results in prestigious international scientific journals, and the successful registration of intellectual property rights protection for inventions and plant varieties, with financial support from the National Science Technology Development Fund and other funding sources.

 

Tilleke & Gibbins T&G - Stylized

 

For further information, please contact:

 

Thomas J. Treutler, Partner, Tilleke & Gibbins

thomas.t@tilleke.com