On 18 September 2023, the Government issued Decree No. 70/2023/ND-CP on amendments and supplementations to Decree No. 152/2020/ND-CP on foreign workers working in Vietnam, and recruitment and management of Vietnamese workers working for foreign employers in Vietnam (“Decree 70”). At a glance, the key points to note of Decree 70 are as follows:
1. Adjustments to relax the conditions and requirements of Expert, CEO and Technical labor (i.e. more relaxed conditions for the mentioned positions, clearer definition for the job position of “business managers”, etc.) to match the common practice of these positions;
2. Removal of the exemption of Work Permit’s waiver application to foreign employees with Vietnamese spouses. In other words, expats with Vietnamese spouse, after the effective date of Decree 70, will have to implement the waiver application to be allowed to work in Vietnam;
3. From 1 January 2024, employers will be required to, at least 15 days before submitting the application for the approval of foreign labor use, publish notice on job application for Vietnamese employees with regard to positions of which foreign employees are expected to take. Such notice will be published on the electronic portal of the Occupational Department of the Ministry of Labor, Invalids and Social Affairs (MOLISA) or a qualified job service center.
4. Amendments to the forms for the application for Work Permit (i.e. working location(s));
5. Clearer guidance of authority for issuance of Work Permit between the MOLISA and the Department of Labor, Invalids and Social Affairs (DOLISA) whereby the MOLIA will issue the Work Permit for foreign employees who work for organizations permitted to be established by the Government, Prime Minister, Ministries, Ministry-level agencies or agencies of the Government while the DOLISA will handle the Work Permit in other cases not falling into the governing authority of the MOLISA. Further, the industrial zone authority, according to Decree 70, no longer has the authority to issue Work Permit/Work Permit exemption certificate to foreign employee working in such industrial zone.
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Please do not hesitate to contact Dr. Oliver Massmann at omassmann@duanemorris.com if you have any questions. Dr. Oliver Massmann is the General Director of Duane Morris Vietnam LLC.