The government has just issued Decree 70/2023/ND-CP amending and supplementing a number of articles of Decree 152/2020/ND-CP regulating foreign workers working in Vietnam and the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, officially effective from September 18, 2023.
Accordingly, Decree 70/2023/ND-CP contains many provisions that facilitate foreign workers working in Vietnam, specifically:
| Content adjustments/additions |
Decree 70/2023/ND-CP |
Decree 152/2020/ND-CP |
| Expert position | Foreign experts are defined as individuals with a university degree or equivalent and at least 3 years of experience. relevant work experience with the planned location in Vietnam | Foreign experts are defined as individuals holding a university degree or equivalent and with at least 3 years of experience. work experience in the field of study with the planned location in Vietnam |
| Technical Worker Position | Trained at least 1 year and have at least 3 years relevant experience for the job which foreign workers are expected to work in Vietnam | Trained in engineering or other majors for at least one year and work at least 03 years in the field of study; |
| Identifying the need for foreign workers. | At least 15 days in advance From the date of planned employment of foreign workers, the employer (excluding contractors) is responsible for determining the need for foreign workers for each job position that Vietnamese workers cannot fill and Submit a report explaining the situation to the Ministry of Labour, Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs. the place where foreign workers are expected to work | At least 30 days in advance From the date of planned employment of foreign workers, the employer (excluding contractors) is responsible for determining the need for foreign workers for each job position that Vietnamese workers cannot fill and Submit a report explaining the situation to the Ministry of Labour, Invalids and Social Affairs or the People's Committee of the province or centrally-administered city. the place where foreign workers are expected to work |
| Changes in labor demand: position, job title, quantity, location, type of work. | Employers must Report to the Ministry of Labour, Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs at least 15 days in advance. from the date the foreign worker is expected to be employed. | Employers must Report to the Ministry of Labour, Invalids and Social Affairs or the Provincial People's Committee at least 30 days in advance. from the date the foreign worker is expected to be employed. |
| Adding more cases where determining the need for foreign workers is not required. | Foreign workers as stipulated in clauses 3, 4, and 5, Articles 6 and 8 of Article 154 of the Labor Code and clauses 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13 and 14 Article 7 Decree 152/2020/ND-CP | Foreign workers as stipulated in Clauses 3, 4, and 5 of Article 154 of the Labor Code and Clauses 1, 2, 8, 9, 10, 11, 12, and 13 of Article 7 of this Decree. |
| Report submission method | From January 1st, 2024, the announcement of job openings for Vietnamese workers in positions previously intended for foreign workers will be permitted. Implemented on the electronic portal. of the Ministry of Labour, Invalids and Social Affairs (Employment Department) or the electronic portal of the Employment Service Center established by the Chairman of the People's Committee of the province or centrally-administered city. for at least 15 days from the date of expected submission of the explanatory report to the Ministry of Labour, Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs in the locality where the foreign worker is expected to work. | |
| Report on the employment of foreign workers | In cases where a foreign worker is employed by an employer in multiple provinces or centrally-governed cities, within 3 working days from the date the foreign worker begins work, the employer must report electronically to the Ministry of Labour, Invalids and Social Affairs and the Department of Labour, Invalids and Social Affairs in the province or city where the foreign worker is employed. |
- The newly issued decree also amends and supplements the regulations regarding the timeframe: within 5 working days from the date of receiving a complete application for a work permit, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs in the locality where the foreign worker intends to work shall issue a work permit to the foreign worker according to the prescribed form. In case the work permit is not granted, a written response will be provided stating the reasons.
- This Decree repeals the provisions on "issuing, reissuing, extending, revoking work permits and confirming that foreign workers are not subject to work permit requirements for working in industrial parks and economic zones" in Decree 35/2022 on the management of industrial parks and economic zones.
- Accordingly, the Department of Labor, War Invalids and Social Affairs will uniformly manage foreign workers in the area.
The above are some of the key points of Decree 70/2023/ND-CP, which came into effect on September 18, 2023.
More info Decree 70/2023/ND-CP.