Decree No. 70/2023/ND-CP amending and supplementing a number of articles of Decree No. 152/2020/ND-CP on foreign workers working in Vietnam.

DECREE

Amending and supplementing a number of articles of Decree No. 152/2020/ND-CP Government Decree dated December 30, 2020, stipulating regulations on workers. Foreigners working in Vietnam and recruiting and managing workers. Vietnamese working for foreign organizations and individuals in Vietnam.

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Based on the Law on Organization of the Government dated June 19, 2015; and the amended Law, Supplementing certain provisions of the Law on Government Organization and the Law on Administration Organization Local date: November 22, 2019;

Based on the Labor Code dated June 20, 2019;

Based on the Investment Law dated June 17, 2020;

Based on the Enterprise Law dated November 17, 2020;

As requested by the Minister of Labour, Invalids and Social Affairs;

The Government has issued a Decree amending and supplementing a number of articles of the Decree Government Decree No. 152/2020/ND-CP dated December 30, 2020, stipulates regarding... Foreign workers working in Vietnam and the recruitment and management of foreign workers. Vietnamese laborers working for foreign organizations or individuals in Vietnam.

Article 1. Amending and supplementing a number of articles of Decree No. 152/2020/ND-CP Government Decree dated December 30, 2020, stipulating regulations on foreign workers working in Vietnam and the recruitment and management of foreign workers. Vietnamese working for foreign organizations and individuals in Vietnam..

1. Amend and supplement certain points and clauses of Article 3 as follows:
a) Amend and supplement point a, clause 3, Article 3 as follows:
“a) Hold a university degree or equivalent and have at least 3 years of work experience relevant to the job position the foreign worker intends to work in Vietnam.”
b) Amend and supplement Clause 5 of Article 3 as follows:
5. The CEO is a person who falls into one of the following categories:
a) The head of a branch, representative office, or business location of an enterprise.
b) The head and direct manager of at least one area of ​​the agency, organization, or enterprise, and is under the direct guidance and management of the head of the agency, organization, or enterprise.
c) Amend and supplement point a of clause 6, Article 3 as follows:
“a) Having received at least one year of training and possessing at least three years of relevant experience in the job position that the foreign worker intends to perform in Vietnam.”

2. Article 4 is amended and supplemented as follows:

"Article 4. Employment of foreign workers
1. Determine the need for foreign workers.

a) At least 15 days before the expected date of employing 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 submitting a report explaining the need to the Ministry of Labour, Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs in the locality where the foreign workers are expected to work, using Form No. 01/PLI in Appendix I issued with this Decree.

If there are changes in the labor requirements during the implementation process...
foreign countries regarding position, job title, type of work, number, and location.
In this regard, employers must report to the Ministry of Labour, Invalids and Social Affairs.
Social or Department of Labour, War Invalids and Social Affairs according to Form No. 02/PLI Appendix
Appendix I, issued together with this Decree, must be published at least 15 days before the expected date.
Use of foreign workers.

b) In the case of foreign workers as stipulated in Clauses 3, 4, 5, 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 of Article 7 of this Decree, the employer is not required to determine the need to employ foreign workers.

c) From January 1, 2024, the announcement of recruitment of Vietnamese workers for positions intended for foreign workers shall be made 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-governed city, at least 15 days before the expected date of submitting the explanatory report to the Ministry of Labour, Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs where the foreign worker is expected to work. The recruitment announcement shall include: job position and title, job description, number of positions, required qualifications, experience, salary, working hours and location. After failing to recruit Vietnamese workers for positions designated for foreign workers, employers are responsible for determining their need for foreign workers in accordance with the provisions of point a, clause 1 of this Article.

2. The Ministry of Labour, Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs shall issue a written approval or disapproval of the employment of foreign workers for each job position according to Form No. 03/PLI Appendix I issued with this Decree within 10 working days from the date of receiving the explanatory report or the explanatory report on changes in the need to employ foreign workers.”

3. Add clause 3 to Article 6 as follows:

3. In cases where a foreign worker is employed by an employer in multiple provinces or centrally-administered cities, within 3 working days from the date the foreign worker begins work, the employer must report electronically to the Ministry of Labor, War Invalids and Social Affairs and the Department of Labor, War Invalids and Social Affairs in the province or city where the foreign worker is employed, using Form No. 17/PLI in Appendix I issued with this Decree.

4. To amend and supplement a number of clauses of Article 7 as follows:

a) Amend and supplement Clause 6 of Article 7 as follows:

6. Those sent to Vietnam by competent foreign agencies or organizations to teach or work as managers or directors at educational institutions proposed for establishment in Vietnam by foreign diplomatic missions or intergovernmental organizations; or institutions established under international treaties that Vietnam has signed or acceded to.

b) Amend and supplement Clause 14 of Article 7 as follows:

“14. Foreign workers entering Vietnam to perform the following jobs are certified by the Ministry of Education and Training:

a) Teaching and research;

(b) To serve as a manager, executive director, principal, or vice-principal of an educational institution established in Vietnam at the request of a foreign diplomatic mission or intergovernmental organization.

5. Amend and supplement certain points and clauses of Article 9 as follows:

a) Amend and supplement Clause 1 of Article 9 as follows:

“1. The employer's application for a work permit must be in accordance with Form No. 11/PLI, Appendix I, issued with this Decree. If a foreign worker works for one employer at multiple locations, the work permit application must list all locations in full.”

b) Amend and supplement points a and b of clause 4, Article 9 as follows:

“a) Documents proving that the person is a manager or executive director as stipulated in Clauses 4 and 5 of Article 3 of this Decree include the following three types of documents:

Company charter or operating regulations of agencies, organizations, and businesses;

Business registration certificate or establishment certificate or establishment decision or other legally equivalent documents;

Resolution or appointment decision of the agency, organization, or enterprise.

b) Documents proving the status of experts and technical workers as stipulated in Clauses 3 and 6 of Article 3 of this Decree include the following two types of documents:

Diploma or certificate or degree;

A confirmation document from an agency, organization, or enterprise abroad regarding the number of years of experience of the expert or technical worker, or a work permit that has been issued, or confirmation that the expert or technical worker is not subject to the work permit requirement.

c) Amend and supplement the title of Clause 8, Article 9 as follows:

8. Documents relating to foreign workers, except for foreign workers as stipulated in point a, clause 1, Article 2 of this Decree.

d) Amend and supplement point e, clause 8, Article 9 as follows:

“e) For foreign workers employed under the provisions of point i, clause 1, Article 2 of this Decree, there must be a document from the foreign agency, organization, or enterprise sending the foreign worker to work in Vietnam, consistent with the expected job position, or documents proving that they are managers as prescribed in clause 4, Article 3 of this Decree.”

d) Add point c to clause 9 of Article 9 as follows:

“c) For foreign workers who are experts or technical workers and have been granted a work permit and have had it renewed once, and who wish to continue working in the same position and job title as stated in the work permit, the application for a new work permit shall include the documents specified in clauses 1, 2, 5, 6, 7, and 8 of this Article and a copy of the previously issued work permit.”

6. Amend and supplement Clause 2 of Article 11 as follows:

2. Within 05 working days from the date of receiving a complete application for a work permit, the Ministry of Labour, Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs of the locality where the foreign worker is expected to work shall issue a work permit to the foreign worker according to Form No. 12/PLI Appendix I issued with this Decree. In case of refusal to issue a work permit, a written response shall be provided stating the reasons.

The work permit has A4 size (21 cm x 29,7 cm), includes 2 pages: page 1 is blue; Page 2 has a white background, blue pattern, and a star in the middle. Work permits are coded as follows: province and centrally run city codes and Ministry of Labor, War Invalids and Social Affairs numbers according to Form No. 16/PLI, Appendix I issued with this Decree; The last 2 digits of the year of license issuance; type of license (new issuance symbol 1; renewal symbol 2; re-issue symbol 3); serial number (from 000.001).

If the work permit is in electronic form, it must comply with relevant legal regulations and meet the content requirements of Form No. 12/PLI, Appendix I, issued together with this Decree.”

7. Amend and supplement Clause 3 of Article 12 as follows:

3. Changes to any of the following: full name, nationality, passport number, workplace location, or change of business name without changing the business registration number recorded in the valid work permit.

8. Amend and supplement Clause 7 of Article 17 as follows:

"One of the documents stipulated in Clause 8, Article 9 of this Decree proving that the foreign worker continues to work for the employer in accordance with the content of the issued work permit, except in cases where the foreign worker works as stipulated in Point a, Clause 1, Article 2 of this Decree."

9. Amend and supplement point b, clause 1, Article 22 as follows:

“b) Organizations that have been delegated, authorized, assigned tasks, commissioned, or tendered by the Provincial People's Committee.”

10. Amend and supplement point b, clause 4, Article 27 as follows:

“b) Organizations that are delegated, authorized, assigned tasks, commissioned, or tendered by the Provincial People's Committee to recruit and manage Vietnamese workers employed by foreign organizations or individuals shall report to the Department of Labor, War Invalids and Social Affairs.”

11. Amend and supplement certain points and clauses of Article 30 as follows:

a) Amend and supplement point a, clause 1, Article 30 as follows:

“a) Approve the need to employ foreign workers; confirm that a worker is not subject to the requirement of obtaining a work permit; issue, reissue, extend, and revoke work permits for foreign workers in one of the following cases:

Working for employers specified in point g, clause 2, Article 2 and employers specified in points c, d, and e, clause 2, Article 2 of this Decree, which are established with permission from the Government, the Prime Minister, ministries, ministerial-level agencies, and agencies under the Government;

"Working for one employer in multiple provinces and centrally-administered cities."

b) Amend and supplement point c, clause 1, Article 30 as follows:

“c) To unify state management of recruitment and management of foreign workers working in Vietnam from the central to local levels, and management of Vietnamese citizens working for foreign organizations and individuals in Vietnam.”

c) Amend and supplement Clause 3 of Article 30 as follows:

3. Responsibilities of the Ministry of Defense:

a) Coordinate with competent authorities managing foreign workers and Vietnamese workers employed by foreign organizations and individuals in Vietnam to implement legal regulations on ensuring security and order in strategic, key, and critical areas for national defense.

b) Directing the Border Guard to coordinate with functional forces to manage and inspect Vietnamese workers employed by foreign organizations and individuals in Vietnam, and foreign workers employed in border areas, border gates, islands, and maritime regions, in order to firmly protect the territorial sovereignty, security, and national borders of the Fatherland.”

d) Amend and supplement point a, clause 4, Article 30 as follows:

“a) Periodically, on a monthly basis, provide information to the Ministry of Labour, Invalids and Social Affairs regarding foreign workers granted visas with the following designations: DN1, DN2, LV1, LV2, LD1, LD2, DT1, DT2, DT3, DT4, who are employed by agencies, organizations, and enterprises;”.

d) Amend and supplement point a, clause 6, Article 30 as follows:

“a) Approve the need to employ foreign workers; confirm that a worker is not subject to the requirement of obtaining a work permit; issue, reissue, extend, and revoke work permits for foreign workers in one of the following cases:

Working for employers specified in points a, b, h, i, k, l of Clause 2, Article 2 and agencies and organizations specified in points c, d, e of Clause 2, Article 2 of this Decree established by the Provincial People's Committee, specialized agencies under the Provincial People's Committee, and District People's Committee;

Working for the same employer at multiple locations within the same area.
provinces and centrally-administered cities.”

12. Amend and supplement some forms as follows:

a) Amend Form No. 01/PLI; Form No. 02/PLI; Form No. 07/PLI; Form No. 08/PLI Appendix I issued with Decree No. 152/2020/ND-CP to Form No. 01/PLI; Form No. 02/PLI; Form No. 07/PLI; Form No. 08/PLI Appendix issued with this Decree;

b) Add Form No. 16/PLI and Form No. 17/PL1 to Appendix I issued with Decree No. 152/2020/ND-CP.

13. Replace or supplement certain words and phrases in the following points, clauses, articles, and appendices:

a) Replace the phrase “Chairman of the Provincial People's Committee” in Clause 1 of Article 5 with the phrase “Department of Labor, War Invalids and Social Affairs”; Replace the phrase “Chairman of the Provincial People's Committee directs” with the phrase “Department of Labor, War Invalids and Social Affairs proposes” in Clause 2 of Article 5;

b) Replace the phrase “paragraphs 4, 6 and 8 of Article 154” with the phrase “paragraphs 4 and 6 of Article 154” and replace the phrase “3 days” with “3 working days” in paragraph 2 of Article 8;

c) Replace the phrase “translated into Vietnamese and certified” with the phrase “translated into Vietnamese and notarized or certified” in point e, clause 3, Article 8;

d) Replace the phrase “translated into Vietnamese and certified” with the phrase “translated into Vietnamese and notarized or certified” in Clause 10 of Article 9 and Clause 4 of Article 23;

d) Replace the phrase “Documents specified in clauses 3 and 4 of this Article” with the phrase “Documents specified in clause 3 of this Article” in clause 5 of Article 13;

e) Replace the phrase “translated into Vietnamese” with the phrase “translated into Vietnamese and notarized or certified” in Clause 5 of Article 13 and Clause 8 of Article 17;

g) Replace the phrase “Certified copy of passport” with the phrase “Certified copy of passport or copy of passport certified by the employer” in point d, clause 3, Article 8; clause 7, Article 9 and clause 5, Article 17;

h) Replace the phrase “20. Salary:…..VND” with the phrase “20. Average monthly salary:…..million VND” in Form No. 11/PLI Appendix I issued with Decree No. 152/2020/ND-CP;

i) Replace the phrase “People's Committee of the province/city………” with the phrase “Department of Labor, War Invalids and Social Affairs…” in Form No. 03/PLI Appendix I issued with Decree No. 152/2020/NĐ-CP;

k) Replace the phrase “Director/Chairman of the Provincial People's Committee” with the phrase “Director/Director”, and replace the phrase “As requested in document number” with the phrase “As requested and the information provided in document number” in Form No. 03/PLI Appendix I issued with Decree No. 152/2020/ND-CP;

l) Replace the phrase “Chairman of the People's Committee of the province/city…” with the phrase “Department of Labor, War Invalids and Social Affairs…” in Form No. 04/PLI, Form No. 05/PLI, Form No. 06/PLI Appendix I issued with Decree No. 152/2020/ND-CP;

m) Replace the phrase “On behalf of the People's Committee of the province/city…/Chairman” with the phrase “Director” in Form No. 06/PLI Appendix I issued with Decree No. 152/2020/NĐ-CP.

n) Add the phrase “(The enterprise/organization) hereby declares that the above information is true and accurate. If false, (the enterprise/organization) will be fully responsible before the law” after item 24 of Form No. 09/PLI Appendix I issued with Decree No. 152/2020/ND-CP.

o) Add the phrase “Department of Immigration Management (Ministry of Public Security)” to the “Recipient” section of Form No. 13/PLI Appendix I issued with Decree No. 152/2020/ND-CP.

14. The following points and clauses are hereby repealed:

a) Repeal Clause 4 of Article 13;

b) Repeal points c, d, and e of clause 5 and point g of clause 6 of Article 30;

c) Repeal point a, clause 6a, Article 30 of Government Decree No. 152/2020/ND-CP dated December 30, 2020, regulating foreign workers working in Vietnam and the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, as amended and supplemented by Government Decree No. 35/2022/ND-CP dated May 28, 2022, regulating the management of industrial parks and economic zones.

Article 2. Repeal of certain provisions of Decree No. 35/2022/ND-CP dated May 28, 2022 of the Government regulating the management of industrial parks and economic zones.

1. Abolish the introductory paragraph “Issuing, reissuing, extending, revoking work permits and confirming that foreign workers are not subject to work permit requirements for foreign workers working in industrial zones and economic zones” and the phrase “receiving reports on the situation of foreign worker employment” in point d, clause 2, Article 68.

2. Abolish the phrase "receiving explanatory reports from enterprises in industrial parks and economic zones regarding the need to employ foreigners for each job position that Vietnamese citizens cannot fill" in point c, clause 3, Article 68.

Article 3. Terms enforcement

1. This Decree takes effect from March 18, 9.

2. Transitional provisions:

For reports explaining the need to employ foreign workers, applications for confirmation that they are not subject to labor permit requirements; and applications for the issuance, re-issuance, or extension of labor permits that foreign employers have submitted to the Ministry of Labour, Invalids and Social Affairs, provincial People's Committees, Departments of Labour, Invalids and Social Affairs, and Management Boards of industrial parks, economic zones, and high-tech zones before the effective date of this Decree, the provisions of Government Decree No. 152/2020/ND-CP dated December 30, 2020, on foreign workers working in Vietnam and the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, and Government Decree No. 35/2022/ND-CP dated May 28, 2022, shall apply.
Government regulations on the management of industrial parks and economic zones./.

Appendix
(Attached to Decree No. 70/2023/ND-CP)
(Government Decree dated September 18, 2023)

Form No. 01/PLI

Dear: ……………..(1)……………..

Information about the business/organization: name, business registration number/license number
Establishment or registration, establishing agency/organization, type of business/organization
(foreign-invested enterprises/domestic enterprises/agencies, organizations
position/contractor), total number of employees working at the enterprise/organization, in
That includes the number of foreign workers currently employed, their address, telephone number, fax number, email address, and website.
the duration of the business/operation license, the business/operational field included
The need for foreign labor, applicants from businesses/organizations.
Contact information (phone number, email).

The report explaining the need for foreign workers is as follows:

1. Job Position 1: (Choose one of four job positions: manager/supervisor Executive/Expert/Technical Worker).

(i) Job title (declared by the enterprise/organization, for example: accountant, construction supervisor, etc.):

(ii) Number (people):

(iii) Working period (from day/month/year to day/month/year):

(iv) Form of work (2):

(v) Workplace (list specific locations (if any) and specify each location in the following order: house number, street, hamlet, village; commune/ward/town; district/county/city/provincial city; province/city directly under the central government):

(vi) Reasons for employing foreign workers:

– Situation of using foreign workers at job position 1 (if any) (3):

– Job description, job title:

– Required qualifications:

– Experience requirements:

– Other requirements (if any):

– Reasons for not being able to recruit Vietnamese people for the positions that were intended to be filled.
foreign workers (4)

2. Job Position 2: (if applicable) (list as in item 1 above)

3. Job Position 3:… (if any) (list as in item 1 above)

(The business/organization) hereby declares that the above information is true and accurate. If it is found to be false, (the business/organization) will be fully liable under the law.

We request…. (5) to consider and approve.

Thank you very much./.

Note:
– (1), (5) Ministry of Labour, Invalids and Social Affairs (Employment Department)/Department of Labour, Invalids and Social Affairs of provinces and cities…
– (2) Clearly state the form of work as prescribed in Clause 1, Article 2 of Decree 152/2020/ND-CP.
– (3) Clearly state the number of foreign workers, job positions and titles, work permits or confirmations that they are not subject to work permit requirements, and the working period.
– (4) Clearly state the process of announcing the recruitment of Vietnamese workers for positions intended for foreign workers. From January 1, 2024, the announcement of recruitment of Vietnamese workers for positions intended for foreign workers will be made on the electronic portal of the Ministry of Labor, War 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; the recruitment process and selection results of Vietnamese workers for positions intended for foreign workers.

Form No. 02/PLI

To: …………… (1) ……………….

Information about the business/organization: name, business registration number/establishment license number, establishing agency/organization, type of business/organization.foreign-invested enterprises/domestic enterprises/agencies, organizations/contractors), total number of employees working at the enterprise/organization, including the number of foreign employees, address, telephone, fax, email, website, validity period of the business/operation license, business/operation sector requiring foreign labor, contact person of the enterprise/organization for necessary information (telephone number, email).

The report explaining the change in the need for foreign workers is as follows:

1. Job position has been approved and is in use (2)

2. There is a need for a change in job position.
2.1 Job Position 1: (Choose one of four job positions: manager/executive director/specialist/technical worker).
(i) Job title (declared by the enterprise/organization, for example: accountant, construction supervisor, etc.):
(ii) Number (people):
(iii) Working period (from day/month/year to day/month/year):
(iv) Form of work (3):
(v) Workplace (list specific locations (if any) and specify each location in the following order: house number, street, hamlet, village; commune/ward/town; district/county/city/provincial city; province/city directly under the central government):
(vi) Reasons for employing foreign workers:
– Situation of using foreign workers at job position 1 (if any) (4):
– Job description, job title:
– Required qualifications:
– Experience requirements:
– Other requirements (if any):
– Reasons why Vietnamese people could not be recruited for positions intended to use foreign workers (5)
2.2 Job Position 2: (if any) (list as in item 1 above)
2.3 Job title… (if any) (list as in item 1 above)
(Business/Organization) I hereby declare that the information provided above is true and accurate. If it is false, (business/organization) I take full responsibility before the law. I request…. (6) to consider and approve.
Thank you very much!

Note:
– (1), (6) Ministry of Labour, Invalids and Social Affairs (Employment Department)/Department of Labour, Invalids and Social Affairs of provinces and cities…
– (2) Clearly state the job positions that have been approved by the Ministry of Labor, War Invalids and Social Affairs (Employment Department)/Department of Labor, War Invalids and Social Affairs.
– (3) Clearly state the form of work as prescribed in Clause 1, Article 2 of Decree 152/2020/ND-CP.
– (4) Clearly state the number of foreign workers, job positions and titles, work permits or confirmations that they are not subject to work permit requirements, and the working period.
– (5) Clearly state the process of announcing the recruitment of Vietnamese workers for positions intended for foreign workers. From January 1, 2024, the announcement of recruitment of Vietnamese workers for positions intended for foreign workers will be made on the electronic portal of the Ministry of Labor, War 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; the recruitment process and selection results of Vietnamese workers for positions intended for foreign workers.

Form No. 07/PLI

REPORT ON THE SITUATION OF EMPLOYMENT OF FOREIGN WORKERS
(From [date] to [date])
To: …………… (1) ……………….

Information about the business/organization: name of the business/organization, type of business/organization (foreign-invested enterprise/domestic enterprise/agency/organization/contractor), address, telephone, fax, email, website, business/operation license, business/operation field, representative of the business/organization for contact when necessary (telephone number, email).

Contractor information (if any) includes: contractor's name, registered address in the country or territory where the contractor is a citizen, telephone number, fax number, email address, website, contractor license, address of branch, representative office or executive office in Vietnam, contractor license, and contract execution time.

The report on the recruitment, employment, and management of foreign workers by (enterprise/organization) is as follows:

1. Data on foreign workers employed by the enterprise/organization (with attached data table).

2. Evaluation and recommendations (if any).