On 18September 2023, Decree 70/2023/ND-CP came into effect that has some amendments to Decree 152/2020/ND- CP born in December 2020. Both regulate on legal issues relating to foreigners working in Vietnam and work permit application and issuance. In this article, our team reviews 7 amendments of the new Decree.
#1: Amendment to Expert Position
Decree 152/2020/ND-CP regulates that an expert Holds at least a bachelor’s degree or equivalent and at least 03 years’ experience in his/her training field in corresponding with the job position/job assignment that he/she will be appointed in Vietnam. Meanwhile, regulations in Decree 70/2023/ND-CP are less tightening: An Expert Graduates from College/University or equivalent and at least 3 years’ experience in corresponding with the job position that he/she will be appointed in Vietnam.
Therefore, according to Decree 70/2023/ND-CP foreign labors applying for Work Permit at expert position must graduate from College/University but the major can be not in connection with the job designated in Vietnam.
#2: Amendment to Executive Position
Under Decree 152/2020/ND-CP, Executive Position is The Head of a branch, representative office, or place of business of the enterprise; or.
According to Decree 70/2023/ND-CP, Executive Position can undertake the above jobs and 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.”
#3: Amendment to Technician
Decree 152/2020/ND-CP regulated: technician must have at least 3 working years in the training field: “has been trained in technical field or another major for at least 01 year and have worked for at least 03 years in his/her training field”
Meanwhile Decree 70/2023/ND-CP stipulates at least 3 working years in corresponding with the job appointed in Vietnam:
“ has been trained for at least 1 year and obtains at least 3 years’ experience in corresponding with the job position that he/she will be appointed in Vietnam.”
#4: Duration Submitting Report of Demand for Foreign Labors
Decree 152/2020/ND-CP regulated that at least 30 days before the date on which foreign labors are expected to be employed, the employer (except contractor) shall determine the demand for foreign labors for every job position for which Vietnamese labors are underqualified and submit Report of Demand for Foreign Labors to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of province where the foreign labors are expected to work.
Meanwhile, under Decree 70/2023/ND-CP, this duration is shorter: at least 15 days instead of 30 days.
#5: Posting Recruitment of Vietnamese Labors for Vacancies planned to recruit foreign labors on Employment Portals of the Authority
Under Decree 70/2023/ND-CP, from 1Jan2024, the employer must post this recruitment and proceed at least 15 days before the employer submits Report of Demand for foreign labors. The meaning of this procedure is to guarantee that the employer attempts but the local labor can not meet the demand.
#6: New Regulation on Usage of Foreign Labor Working for One Employer at Different Provinces
According to the new Decree, employer must list all locations that foreign labor plans to work when applying for Work Permit. In case, the foreign employee works in another province, the employer must send the announcement to the local authority at least 3 days before beginning.
#7: Annulment of certain provisions of Decree 35/2022/ND-CP on Management of Industrial Parks and Economic Zones for Foreign Labors Management
From 18September 2023, Management of Industrial Parks and Economic Zones stopped to receive Reports and Dossiers relating to foreign labors. All shall be submitted at Province/City Department of Labors, Invalids and Social Affairs.