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 recruitment and management. Management of Vietnamese workers working for foreign organizations and individuals in Vietnam, officially effective from September 18, 09.
Accordingly, this Decree 70/2023/ND-CP has many contents to facilitate foreign workers working in Vietnam, specifically:
| Adjusted/additional content | Decree 70 / 2023 / ND-CP | Decree 152 / 2020 / ND-CP |
| Expert position | A foreign expert is defined as a person who graduated from university or higher or equivalent and has at least 3 years suitable work experience with expected location in Vietnam | A foreign expert is defined as a person with a university degree or higher or equivalent and at least 3 years Work experience in the specialized field of training with expected location in Vietnam |
| Technical Labor Position | Trained at least 1 year and have at least 3 years Experience relevant to the job position that foreign workers intend to work in Vietnam | Technically trained or other major at least 01 year and work at least 03 years in the specialized field of training; |
| Determine the need to use foreign workers | 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 job position that Vietnamese workers not yet met and 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 | At least 30 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 job position that Vietnamese workers not yet met and Explanation report to the Ministry of Labor, War Invalids and Social Affairs or the People's Committee of the province or centrally run city where the foreign worker is expected to work |
| Change in labor demand: position, job title, quantity, location, form of work | The employer must Report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs at least 15 days in advance. from the expected date of employing foreign workers. | The employer must Report to the Ministry of Labor, War Invalids and Social Affairs or the Provincial People's Committee at least 30 days in advance from the expected date of employing foreign workers. |
| Additional cases where it is not required to determine the need to use foreign workers | 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 Decree 152/2020/ND-CP | Foreign workers specified in Clauses 3, 4, and 5, Article 154 of the Labor Code and Clauses 1, 2, 8, 9, 10, 11, 12 and 13, Article 7 of this Decree |
| Report submission form | From January 01, 1, the notification of recruitment of Vietnamese workers for positions expected to recruit foreign workers will be implemented on the Electronic Information Portal of the Ministry of Labor, 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. for a period of at least 15 days from the expected date of the 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. | |
| Report on foreign labor use | 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 Employees 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. |
- The newly issued Decree also amends and supplements the deadline of 5 working days from the date of receipt of a complete application for a work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor and War Invalids. and The society where the foreign worker is expected to work shall issue work permits to foreign workers according to the form. In case a work permit is not issued, there will be a written response clearly stating the reason.
- This Decree abolishes the content "granting, re-issuing, extending, revoking work permits and certifying that foreign workers are not subject to work permits for foreigners working in industrial parks and economic zones." Economy" in Decree 35/2022 on management of industrial parks and economic zones.
- Accordingly, the Department of Labor, War Invalids and Social Affairs will unify the management of foreign workers in the area.
Above is some outstanding information of Decree 70/2023/ND-CP effective from September 18, 09.
More info Decree 70/2023/ND-CP.
