Decree No. 70/2023/ND-CP Amending and supplementing a number of articles of Decree No. 152/2020/ND-CP

DECREE

Amending and supplementing a number of articles of Decree No. 152/2020/ND-CP December 30, 12 of the Government regulations on employees Foreigners work in Vietnam and recruit and manage workers Vietnamese working for foreign organizations and individuals in Vietnam

___________ 

Pursuant to the Law on Government Organization dated June 19, 6; Amendment, Supplementing a number of articles of the Law on Government Organization and the Law on Organization of Government local November 22, 11;

Pursuant to the Labor Code dated 20 of month 11 year 2019;

Pursuant to the November 17, 6 Investment Law;

Pursuant to the Enterprise Law dated November 17, 6;

At the request of the Minister of Labor - Invalids and Social Affairs;

The Government promulgates a Decree amending and supplementing a number of articles of the Decree No. 152/2020/ND-CP dated December 30, 12 of the Government regulating foreign workers working in Vietnam and recruiting and managing people Vietnamese workers working for foreign organizations and individuals in Vietnam.

Article 1. Amending and supplementing a number of articles of Decree No. 152/2020/ND-CP December 30, 12 of the Government regulations on foreign workers working in Vietnam and recruitment and management of workers Vietnamese working for foreign organizations and individuals in Vietnam.

1. To amend and supplement a number of points and clauses of Article 3 as follows:
a) To amend and supplement Point a, Clause 3, Article 3 as follows:
“a) Graduated from university or higher or equivalent and have at least 3 years of work experience suitable to the job position that the foreign worker plans to work in Vietnam.”.
b) Amend and supplement Clause 5, Article 3 as follows:
“5. The CEO is a person who falls into one of the following cases:
a) Head of branch, representative office or business location of the enterprise.
b) The person who leads and directly operates at least one area of ​​an agency, organization, or enterprise and is subject to the direct direction and management of the head of the agency, organization, or enterprise.”.
c) Amend and supplement point a, clause 6, Article 3 as follows:
“a) Be trained for at least 1 year and have at least 3 years of experience appropriate to the job position that the foreign worker plans to work in Vietnam.”.

2. To amend and supplement Article 4 as follows:

"Article 4. Employment of foreign workers
1. Determination of demand for foreign workers

a) At least 15 days in advance from the expected date of using foreign workers, employers (except contractors) are responsible for determining the need to use foreign workers for each public position. that the Vietnamese worker has not been able to meet and report and explain to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work according to Form No. 01 /PLI Appendix I issued with this Decree.

During the implementation process, if the need for using workers changes
foreign countries in terms of position, job title, working form, quantity, and location
points, the employer must report to the Ministry of Labor and War Invalids
Society or the Department of Labor, War Invalids and Social Affairs according to Form No. 02/PLI Supplement
Appendix I issued together with this Decree at least 15 days in advance from the expected date
employ foreign workers.

b) In the case of foreign workers specified in Clauses 3, 4, 5, 6 and 8, Article 154 of the Labor Code and Clauses 1, 2, 4, 5, 7, 8, 9, 10, 11 , 12, 13 and 14, Article 7 of this Decree, the employer is not required to determine the need to employ foreign workers.

c) From January 01, 01, recruitment announcements of Vietnamese workers for positions expected to recruit foreign workers will be made on the Electronic Information Portal of the Ministry of Labor and War Invalids. and Social Affairs (Department of Employment) or the Electronic Information Portal of the Employment Service Center established by the Chairman of the People's Committee of the province or centrally run city within at least 2024 days from the date of establishment. Expected explanation report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work. The content of the recruitment announcement includes: position and job title, job description, quantity, requirements for qualifications, experience, salary, working time and location. After failing to recruit Vietnamese workers into positions recruiting foreign workers, the employer is responsible for determining the need to employ foreign workers according to the provisions of Point a, Clause 15, Article This.

2. The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War 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 explanation report or report explaining changes in the need to use foreign workers.”.

3. To add Clause 3, Article 6 as follows:

“3. In case a foreign worker works for an employer in many provinces and centrally run cities, within 3 working days from the date the foreign worker starts working, the employer The employee must report via the electronic environment to the Ministry of Labor, War Invalids and Social Affairs and the Department of Labor, War Invalids and Social Affairs where the foreign worker comes to work according to Form No. 17/PLI, Appendix I issued herewith. according to 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. Be sent to Vietnam by a competent foreign agency or organization to teach or work as a manager or executive director at an educational institution requested by a foreign diplomatic representative agency or intergovernmental organization. established in Vietnam; establishments and organizations established under international treaties that Vietnam has signed and participated in.”

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

“14. Confirmed by the Ministry of Education and Training that foreign workers enter Vietnam to perform the following jobs:

a) Teaching and research;

b) Act as manager, executive director, principal, vice principal of an educational institution proposed to be established in Vietnam by a foreign diplomatic representative agency or intergovernmental organization.”.

5. To amend and supplement a number of points and clauses of Article 9 as follows:

a) To amend and supplement Clause 1, Article 9 as follows:

"first. Written request for a work permit from the employer according to Form No. 1/PLI, Appendix I issued with this Decree. In case a foreign worker works for an employer in multiple locations, the work permit application must fully list the work locations.

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

“a) Documents proving that you are a manager or executive director as prescribed in Clauses 4 and 5, Article 3 of this Decree include the following 3 types of documents:

Company charter or operating regulations of agencies, organizations or enterprises;

Business registration certificate or establishment certificate or establishment decision or other documents of equivalent legal value;

Resolution or Appointment Decision of agencies, organizations or enterprises.

b) Documents proving experts and technical workers as prescribed in Clauses 3 and 6, Article 3 of this Decree include the following 2 types of documents:

Diploma or diploma or certificate;

Written confirmation from an agency, organization or enterprise abroad regarding the number of years of experience of the expert, technical worker or work permit that has been issued or confirmation that a work permit is not required. grant.".

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

"8. Documents related to foreign workers, except for the case of foreign workers specified 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 working according to 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 and in accordance with the expected job position or documents proving that you are a manager as prescribed in Clause 4, Article 3 of this Decree.”.

d) Add Point c, Clause 9, Article 9 as follows:

“c) For foreign workers who are experts and technical workers who have been granted a work permit and have had it extended once but wish to continue working with the same job position and job title. written in the work permit, the application for a new work permit includes the documents specified in Clauses 1, 2, 5, 6, 7, 8 of this Article and a copy of the issued work permit. ”.

6. To amend and supplement Clause 2, Article 11 as follows:

"2. Within 05 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 where the foreign worker is expected to work and issue work permits to foreign workers according to Form No. 12/PLI, Appendix I issued with this Decree. In case a work permit is not issued, there will be a written response clearly stating the reason.

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).

In case the work permit is an electronic copy, it must comply with relevant legal regulations and meet the content according to Form No. 12/PLI Appendix I issued with this Decree.”.

7. To amend and supplement Clause 3, Article 12 as follows:

“3. Change one of the following contents: full name, nationality, passport number, work location, change the business name without changing the business code recorded in the valid work permit.".

8. To amend and supplement Clause 7, Article 17 as follows:

“One of the documents specified in Clause 8, Article 9 of this Decree proves that the foreign worker continues to work for the employer according to the contents of the issued work permit, except in the case of foreign workers. other than working as prescribed in Point a, Clause 1, Article 2 of this Decree.”.

9. To amend and supplement Point b, Clause 1, Article 22 as follows:

“b) Organizations decentralized, authorized, assigned tasks, placed orders or bid by the Provincial People's Committee.”.

10. To amend and supplement Point b, Clause 4, Article 27 as follows:

“b) Organizations decentralized, authorized, assigned, placed orders or bid by the Provincial People's Committee to recruit and manage Vietnamese workers working for foreign organizations and individuals then report to the Department of Labor, War Invalids and Social Affairs.”.

11. Amend and supplement a number of points and clauses in Article 30 as follows:

a) To amend and supplement Point a, Clause 1, Article 30 as follows:

“a) Approve the need to employ foreign workers; Confirmation of not being subject to a work permit; issue, re-issue, extend and revoke work permits for foreign workers in one of the following cases:

Working for the employer specified in Point g, Clause 2, Article 2 and the employer specified in Points c, d, e, Clause 2, Article 2 of this Decree issued by the Government, Prime Minister, Ministry, Ministry-level agencies and Government agencies allow establishment;

Working for one employer in many provinces and centrally run cities.”.

b) To amend and supplement Point c, Clause 1, Article 30 as follows:

“c) Implement unified state management of recruitment and management of foreign workers working in Vietnam from central to local levels and management of Vietnamese people working for foreign organizations and individuals in Vietnam.".

c) To amend and supplement Clause 3, Article 30 as follows:

“3. Responsibilities of the Ministry of National Defense:

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

b) Direct the Border Guard to coordinate with functional forces to manage and inspect Vietnamese workers working for foreign organizations and individuals in Vietnam and foreign workers working in the area. Border areas, border gates, islands, and sea areas 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) Provide monthly information on foreign workers granted visas with symbols including: DN1, DN2, LV1, LV2, LD1, LD2, DT1, DT2, DT3, DT4 to work for the agency , organizations and businesses to the Ministry of Labor, War Invalids and Social Affairs;".

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

“a) Approve the need to employ foreign workers; Confirmation of not being subject to a work permit; issue, re-issue, 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, Clause 2, Article 2 and agencies and organizations specified in Points c, d, e, 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;

Work for the same employer at multiple locations
provinces / cities under central.".

12. Modify and supplement some samples as follows:

a) Amendment of 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 becomes 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 and supplement a number of 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, 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 recommends" in Clause 2, Article 5;

b) Replace the phrase "clauses 4, 6 and 8, Article 154" with the phrase "clauses 4 and 6, Article 154" and the phrase "3 days" with the phrase "3 working days" in clause 2, Article 8;

c) Replace the phrase "translated into Vietnamese and certified" with the phrase "translated into Vietnamese and notarized or authenticated" in Point e, Clause 3, Article 8;

d) Replace the phrase "translate into Vietnamese and authenticate" with the phrase "translate into Vietnamese and notarize or authenticate" in Clause 10, Article 9 and Clause 4, 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, Article 13;

e) Replace the phrase "translated into Vietnamese" with the phrase "translated into Vietnamese and notarized or authenticated" in Clause 5, Article 13 and Clause 8, Article 17;

g) Replace the phrase "Certified copy of passport" with the phrase "Certified copy of passport or copy of passport certified by 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 salary/month:…..million VND” in Form No. 11/PLI Appendix I issued with Decree No. 152/2020/ND-CP;

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

k) Replace the phrase "Director/Chairman of the Provincial People's Committee" with the phrase "Director/Director", the phrase "According to the request in document number" to the phrase "According to the request and the information 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 Provincial/City People's Committee..." 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 “TM. 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/ND-CP.

n) Add the phrase "(Enterprise/organization) hereby declares that the above information is true. If it is wrong, (enterprise/organization) will take full responsibility before the law" after section 24 of Form No. 09/PLI, Appendix I issued with Decree No. 152/2020/ND-CP.

o) Add the phrase "Immigration Department (Ministry of Public Security)" in the section "Receiving place" Form No. 13/PLI Appendix I issued with Decree No. 152/2020/ND-CP.

14. Abolish some of the following points and clauses:

a) Abolish Clause 4, Article 13;

b) Abolish points c, d, dd clause 5 and point g clause 6 Article 30;

c) Abolish point a, clause 6a, Article 30 of Decree No. 152/2020/ND-CP dated December 30, 12 of the Government regulating foreign workers working in Vietnam and recruitment and management of workers Vietnamese employees working for foreign organizations and individuals in Vietnam have been amended and supplemented in Decree No. 2020/35/ND-CP dated May 2022, 28 of the Government regulating industrial park management. industrial and economic zones.

Article 2. Abolition of a number of regulations of Decree No. 35/2022/ND-CP dated May 28, 5 of the Government regulating the management of industrial parks and economic zones

1. Abolish the opening paragraph "Issuing, re-issuing, extending, revoking work permits and certifying that foreign workers are not subject to work permits for foreigners working in industrial parks and zones." economy" and the phrase "receiving reports on the use of foreign workers" at Point dd, Clause 2, Article 68.

2. Abolish the paragraph "receiving explanatory reports from enterprises in industrial parks and economic zones on the need to employ foreigners for each job position that Vietnamese people cannot meet" at point c Clause 3 Article 68.

Article 3. Terms enforcement

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

2. Transition terms:

For the report explaining the need to use foreign workers, the application for confirmation is not subject to a work permit; issue, reissue, and extend work permits that foreign employers have submitted to the Ministry of Labor, War Invalids and Social Affairs, Provincial People's Committee, Department of Labor, War Invalids and Social Affairs, Department of Labor, War Invalids and Social Affairs, Management of industrial parks, economic zones, and high-tech zones before the effective date of this Decree shall apply according to the provisions of Decree No. 152/2020/ND-CP dated December 30, 12 of the Government. regulations on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam and Decree No. 2020/35/ND-CP dated December 2022 May 28
of the Government regulations on management of industrial parks and economic zones./.

Appendix
(Attached to Decree No. 70/2023/ND-CP
September 18, 9 of the Government)

Form No. 01/PLI

Dear: ……………..(1)……………..

Information about the business/organization: name, business code/license number
establishment or registration, establishment agency/organization, type of enterprise/organization
(foreign-invested enterprises/domestic enterprises/agencies and groups
officials/contractors), total number of employees working at the enterprise/organization, in
including the number of foreign workers working, address, phone, fax, email, website,
term of business/activity license, field of business/activity
the need to use foreign workers, applicants of enterprises/groups
contact person when necessary (phone number, email).

The report explains the need to employ foreign workers as follows:

1. Job position 1: (Choose 1 of 4 job positions: manager/supervisor executive director/expert/technical worker).

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

(ii) Number (people):

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

(iv) Form of work (2):

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

(vi) Reasons for using foreign workers:

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

– Job position description, job title:

– Qualification requirements:

– Experience requirements:

– Other requirements (if any):

– Reasons for not being able to recruit Vietnamese people to the positions expected to employ people
foreign workers (4)

2. Job position 2: (if any) (list same as item 1 above)

3. Job position 3:… (if any) (list same as item 1 above)

(Enterprise/organization) hereby declares that the above information is true. If it is wrong, (business/organization) will take full responsibility before the law.

Suggestion …. (5) review and approval.

Thank you very much./.

Note:
– (1), (5) Ministry of Labor, War Invalids and Social Affairs (Department of Employment)/Department of Labor, War 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, position and job title, work permit or confirmation of not being subject to a work permit, and working term.
– (4) Clearly state the process of notification of recruitment of Vietnamese workers into positions expected to recruit foreign workers. From January 01, 01, the recruitment announcement of Vietnamese workers for positions expected to recruit foreign workers on the Electronic Information Portal of the Ministry of Labor, War Invalids and Social Affairs (Department of Employment) will be announced. do) or the Electronic Information Portal of the Employment Service Center established by the decision of the Chairman of the People's Committee of the province or centrally run city; recruitment process and results of recruiting Vietnamese workers into positions expected to recruit foreign workers.

Form No. 02/PLI

Dear: …………… (1) ……………….

Information about the business/organization: name, business code/establishment or registration license number, founding agency/organization, type of business/organization (foreign invested enterprises/domestic enterprises/agencies, organizations/contractors), total number of employees working at the enterprise/organization, including number of foreign employees working, address, phone, fax, email, website, term of business/operation license, Business/activity areas that need to use foreign workers, the applicant of the business/organization to contact when necessary (phone number, email).

The report explains the change in demand for foreign workers as follows:

1. Job position has been approved and used (2)

2. Job position needs to change
2.1 Job position 1: (Choose 1 of 4 job positions: manager/executive director/expert/technical worker).
(i) Job title (declared by the enterprise/organization, for example: accountant, construction supervisor...):
(ii) Number (people):
(iii) Working period (from day/month/year to day/month/year):
(iv) Form of work (3):
(v) Work location (list specific locations (if any) and clearly state each location in order: house number, street, hamlet, village; commune/ward/town; district/district/ town/city under the province; province/city directly under the central government):
(vi) Reasons for using foreign workers:
– Situation of using foreign workers at job position 1 (if any) (4):
– Job position description, job title:
– Qualification requirements:
– Experience requirements:
– Other requirements (if any):
– Reasons for not being able to recruit Vietnamese people for positions expected to employ foreign workers (5)
2.2 Job position 2: (if any) (listed same as item 1 above)
2.3 Job position... (if any) (listed same as item 1 above)
(Enterprise/organization) I hereby certify that the above information is true. If wrong, (business/organization) Please take full responsibility before the law. Suggestion …. (6) review and approval.
Thank you very much!

Note:
– (1), (6) Ministry of Labor, War Invalids and Social Affairs (Department of Employment)/Department of Labor, War Invalids and Social Affairs of provinces and cities…
– (2) Clearly state the job positions approved by the Ministry of Labor, War Invalids and Social Affairs (Department of Employment)/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, position and job title, work permit or confirmation of not being subject to a work permit, and working term.
– (5) Clearly state the process of notification of recruitment of Vietnamese workers into positions expected to recruit foreign workers. From January 01, 01, the recruitment announcement of Vietnamese workers for positions expected to recruit foreign workers on the Electronic Information Portal of the Ministry of Labor, War Invalids and Social Affairs (Department of Employment) will be announced. do) or the Electronic Information Portal of the Employment Service Center established by the decision of the Chairman of the People's Committee of the province or centrally run city; recruitment process and results of recruiting Vietnamese workers into positions expected to recruit foreign workers.

Form No. 07/PLI

REPORT ON THE SITUATION OF USING FOREIGN WORKERS
(Calculated from day/month/year to day/month/year)
Dear: …………… (1) ……………….

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

Information about the contractor (if any) includes: contractor name, registered address in the country or territory where the contractor is nationality, phone number, fax, email, website, contractor license, branch address , representative office or operating office in Vietnam, bidding license, time to implement the bidding package.

Report on the recruitment, use and management of foreign workers by (enterprise/organization) as follows:

1. Data on foreign workers of businesses and organizations (attached data table).

2. Evaluation and recommendations (if any).