Decree 70/2023/ND-CP and featured contents
On September 18, 2023, the Government issued Decree No. 70/2023/ND-CP (“Decree 70”) amending and supplementing several articles of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020 (“Decree 152”) regulating foreign workers working in Vietnam and recruiting, managing Vietnamese workers working for organizations/foreign individuals in Vietnam.
In Decree No. 70, the Government has amended and supplemented relevant regulations on foreign workers working in Vietnam and Capable Counsel has synthesized some featured contents in the following article:
I. Supplementing the following principal contents:
1. Clarification about the concept of executive
In Decree 152, only the executive means the head or a person who directly administers affiliated entities of an agency, organization, or enterprise.
But in Decree 70, the concept of the executive has been clarified, according to which, a person in one of the following two cases will be considered an executive: (i) The head of a branch, representative office, or place of business of the enterprise; or (ii) The head who directly administers at least one field of the agency, organization, or enterprise and reports directly to the head of the agency, organization, or enterprise.
2. In addition to the notification of the employment of foreign workers at Point c, Clause 1, Article 4 of Decree 152, specifically from January 1, 2024, the announcement of recruitment of Vietnamese workers to positions expected to recruit foreign workers shall be made on the portal of the Department of Employment or the portal of the service center employment within at least fifteen days from the expected date of the explanatory report.
3. Additional cases of foreign workers exempt from work permits are foreign workers who are certified by the Ministry of Education and Training entering Vietnam to work as a manager, executive, principal, or deputy principal of an educational institution, which is established in Vietnam under a proposal of a foreign diplomatic mission or intergovernmental organization.
II. Amending several provisions of Decree 152
|
Comparative criteria |
Old regulations |
New regulations |
| Professionals who are foreign workers | Have a university degree or higher or equivalent and have at least three years of work experience in the specialized training appropriate to the job position that the foreign worker plans to work in Vietnam | University degree or higher or equivalent and at least three years of work experience relevant to the job position that the foreign worker intends to work in Vietnam |
| Technical labor | Have been trained in technical or other majors for at least one year and worked for at least three years in the trained major; | Be trained for at least one year and have at least three years of experience suitable to the job position that the foreign worker plans to work in Vietnam |
| Contractor’s authority to approve the employment of foreign workers | Chairman of the People’s Committee of the province where the contractor implements the bidding package | Ministry of Labour – War Invalids and Social Affairs |
| In case the foreign worker is not eligible for a work permit | Being sent to Vietnam by competent agencies and organizations of foreign countries to teach and research at international schools under the management of foreign diplomatic missions or the United Nations; establishments and organizations established under agreements to which Vietnam has signed or acceded. | Being sent to Vietnam by competent agencies or organizations of foreign countries to teach or act as managers or executives at educational institutions proposed by foreign diplomatic missions or intergovernmental organizations for establishment in Vietnam; establishments and organizations established under international treaties that Vietnam has signed, participate |
| Documents and papers proving that they are managers, executives, experts, technical workers and some occupations and jobs | Documents proving that they are managers and executives as prescribed in Clauses 4 and 5, Article 3 of this Decree
Documents proving that they are experts and technical workers as prescribed in Clauses 3 and 6, Article 3 of this Decree, including diplomas, certificates, and documents certified by overseas agencies, organizations and enterprises on the number of years of experience of experts and technical laborers; |
Documents proving that they are managers and executives as prescribed in Clauses 4 and 5, Article 3 of this Decree include the following 3 types of documents:
● The company’s charter or operation regulations of agencies, organizations or enterprises; ● Certificate of enterprise registration or certificate of establishment or establishment decision or other document of equivalent legal validity; ● Resolutions or decisions on the appointment of agencies, organizations or enterprises. Documents proving experts and technical labor as prescribed in Clauses 3 and 6, Article 3 of this Decree include the following two types of documents: ● Diplomas or certificates or certificates; ● A written certification of the overseas agency, organization or enterprise on the number of years of experience of experts, technical workers or a work permit that has been granted or confirmed not to be eligible for a work permit has been granted. |
| In case of re-issuance of work permit | Change of surname and up, nationality, passport number, and working location stated in the valid work permit. | Change one of the following: full name, nationality, passport number, working location, change of business name without changing the enterprise code stated in the valid work permit. |
| Dossier of application for re-issuance of work permit | Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required.
Documents specified in Clauses 3 and 4 of Article 13 |
Abolished
Documents specified in Clause 3 |
| Competence to recruit and manage Vietnamese workers working for foreign organizations and individuals | The organization is decentralized, authorized, assigned, ordered or tendered by the Ministry of Labor – War Invalids and Social Affairs | The organization is decentralized, delegated, assigned, ordered or bid by the provincial People’s Committee. |
In addition to amending and supplementing specific provisions, Decree 70 also provides:
- Amendments to Form No. 01/PLI; Form No. 02/PLI; Form No. 07/PLI; Form No. 08/PLI Appendix I issued together with Decree No. 152.
- Additional forms such as Form 16/PLI and Form No. 17/PL1 to Appendix I promulgated together with Decree No. 152.
Additional modifications to these templates are compiled by us as follows:
