To amend the regulations on foreign employees working in Vietnam

On 18/9/2023, the Government issued the Decree No. 70/2023/ND-CP amending and supplementing a number of articles of the Decree No. 152/2020/ND-CP dated December 30, 2020 of the Government regulating on foreign employees working in Vietnam and the recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam.

Regarding the determination of 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 cannot meet and report and explain 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 intended to work according to Form No. 01/PLI, Appendix I issued with this Decree.

During the implementation process, if there is a change in the need to use foreign workers in terms of position, job title, form of work, quantity, and location, the employer must report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs according to Form No. 02/PLI Appendix I issued with this Decree at least 15 days in advance from the expected date of employing foreign workers.

From January 1, 2024, the recruitment announcement of Vietnamese workers for the positions expected to recruit foreign workers will be made on the Portal of the Ministry of Labor, War Invalids and Social Affairs (the Department of Employment www.doe.gov.vn), or the Portal of the Employment Service Center established by the Chairman of the People's Committee of the province or centrally-run city within at least 15 days in advance 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.

The content of the recruitment announcement includes: position and job title, job description, quantity, requirements for qualifications, experience, salary, working time and location. After failing to recruit Vietnamese workers to the positions recruiting foreign workers, the employer is responsible for determining the need to employ foreign workers according to the above regulations.

The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall issue a written approval or disapproval of the employment of foreign workers for each job position according to Form No. 03/PLI. Appendix I issued with this Decree within 10 working days from the date of receiving the explanation report or explanation report on the changes in the need to use foreign workers.

The newly issued Decree also amends and supplements Clause 2, Article 11 of the Decree No. 120/2020 as follows: Within 5 working days from the date of receiving a complete application for a work permit, 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 shall issue work permits to foreign workers according to Form No. 12/PLI Appendix I issued with this Decree. In case a work permit is not issued, there will be a written response clearly stating the reason.

The Decree No. 70/2023/ND-CP also abolishes a number of regulations of the Decree No. 35/2022/ND-CP dated May 28, 2022 of the Government regulating the management of industrial parks and economic zones. Specifically as follows:

To abolish the opening paragraph "Issuing, 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 ” and the phrase “receiving reports on the use of foreign workers” in Point đ, Clause 2, Article 68.

To abolish the paragraph "receiving explanation reports from enterprises in industrial parks and economic zones on the need to employ foreigners for each job position that Vietnamese people cannot meet" at Point c, Clause 3, Article 68.

This Decree takes effect from September 18, 2023.