Major amendments to regulations on foreign workers working in Viet Nam

Below are major takeways from Decree 70:

1. Relaxed regulations for experts, executive directors, skilled workers

The Government relaxed regulations for experts, executive directors, and skilled workers working in Viet Nam, according to clause 1, article 1 of Decree 70.

Specifically, an executive director shall only be required to gradute from a university or equivalent and three-year working experience suitable to the job position that he/she intends to work in Viet Nam.

An executive director shall be allowed to undertake the following positions:

- Head of the branch, representative office, or business location of the enterprise.

- Head and directly administers on at least one field of the agency, organization, enterprise.

Foreign technical workers shall only be required to undertake at least one-year training and have at least three-year experience suitable for the position he/she intends to work in Viet Nam.

2. Time required for reporting demand for employment of foreign workers

Before employing foreign workers, an employer shall have to determine the demand for employing foreign workers for each position that Vietnamese employee has yet met and report to the Ministry of Labor, Invalids and Social Affairs or the provincial/municipal Department of Labor, Invalids and Social Affairs where the foreign worker plans to work.

The required time for reporting shall be at least 15 days from the expected date of employment of foreign workers, instead of at least 30 days under previous regulations.

In the course of implementation, if the demand for employing foreign workers changes in terms of position, job title, working form, numer of location, the employer shall have to report to the the Ministry of Labor, Invalids and Social Affairs or the provincial/municipal Department of Labor, Invalids and Social Affairs where the foreign worker plans to work at least 15 days before the expected date of employing foreign workers, instead of at least 30 days under the previous regulations.

3. Approval/disapproval of employment of foreign workers

Under Decree 70, the Ministry of Labor, Invalids and Social Affairs and the provincial/municipal Department of Labor, Invalids and Social Affairs shall approve or disapprove the employment of foreign workers within 10 working days from the date of receipt of the explanatory report from the employer.

Under previous regulations, only the Ministry of Labor, Invalids and Social Affairs and the provincial/municipal People's Committee shall be allowed to approve or disapprove the employment of foreign workers.

4. Changes to report on the demand of employing foreign workers

The employer shall not have to determine the demand to employ foreign workers in the following cases:

A foreigner entering Viet Nam to provide professional and technical consultation services or carry out other tasks regarding the evaluation, monitoring, management and implementation of ODA projects or entering Viet Nam under the agreements signed between Viet Nam and foreign partners

A foreigner licensed by the Ministry of Foreign Affairs to operate information and press activities in Viet Nam according to the provisions of law

A foreigner entering Viet Nam to work as volunteers without salary to implement international treaties to which Viet Nam is a signatory and have confirmation from foreign diplomatic missions or intergovernmental organizations in Viet Nam

A foreigner confirmed by the Ministry of Education and Training to enter Viet Nam to teach, research, or manage educational institutions proposed to establish by foreign diplomatic missions or non-governmental organizations

A foreign lawyer licensed to practice law in Viet Nam according to the provisions of law on lawyers

A foreigner married to a Vietnamese person and living in Vietnamese territory

5. Recruitment announcement

From January 1, 2024, the announcement on recruitment of Vietnamese workers to positions expected to recruit foreign workers shall be made on the Portal of the Ministry of Labor, Invalids and Social Affairs www.doe.gov.vn and the Portal of the employment service center established by Chairman of the provincial-level People's Committee within at least 15 days before the expected date of reporting to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs.

The content of the recruitment announcement shall contain the following information: position, job discription, number, qualification requirements, experience, salary, time and location of work.

After failing to recruit Vietnamese workers, the employer shall determine the need to employ foreign workers as prescribed in this Decree.

6. Foreign workers working in different localities

In case of foreign worker works in many provinces and centrally-run cities, the employer shall have to report electronically within three working days to the Ministry of Labor, Invalids and Social Affairs and provincial Department of Labor, Invalids and Social Affairs before the date a foreigner comes to work.

7. Foreign workers exempted from applying for work permit

The Decree specifies cases in which foreign workers shall not have to apply for work permit:

foreigner sent to Viet Nam by competent foreign agency or organization to teach, or to act as manager, executive director at an educational institution proposed to be established by foreign diplomatic missions or intergovernmental organizations in Viet Nam

a foreigner confirmed by the Ministry of Education and Training to enter Viet Nam to work as a manager, executive director, principal at an educational institution proposed to be established by foreign diplomatic missions or intergovernmental organizations in Viet Nam.

8. Issuance of electronic work permit

A work permit shall be issued by the Ministry of Labor, Invalids and Social Affairs or provincial-level Department of Labor, Invalids and Social Affairs.

Apart from written work permit, electronic work permit shall also be issued.

9. Re-issuance of work permit

Work permit shall be re-issued if there is change to one of the following information: full name, nationality, passport number, working location, change of enterprise name without changing the enterprise code.

10. Abolition of several provisions regulating  management of industrial parks and economic zones

Decree 80 annul the following provisions:

- Annul the opening paragraph "Issuance, re-issuance, extension and revocation of work permits and certification of foreign workers not eligible for work permits for foreigners working in industrial parks or economic zones" and the phrase "receipt of reports on the employment of foreign workers" at Point dd, Clause 2, Article 68 of Decree No. 35/2022/ND-CP dated May 28, 2022.

- Abolish the paragraph "receiving explanatory reports of enterprises in industrial parks or economic zones on the demand for employing foreigners for each job position that Vietnamese have not yet met" at Point c, Clause 3, Article 68 of Decree No. 35/2022/ND-CP dated May 28, 2022.

Decree 70 shall take effect from September 18, 2023./.