Procedures for applying for a work permit according to Decree No. 70/2023/ND-CP

Pursuant to Decree No. 70/2023/ND-CP dated September 18, 2023 of the Government amending and supplementing some articles of Decree No. 152/2020/ND-CP regulating foreign workers working in Vietnam, procedures for applying for work permits for foreign workers is updated as follows:

1.  Determine the need to use foreign workers

• At least 15 days in advance from the expected date of using foreign workers, the employer (except contractors) must submit documents to determine the need to use foreign workers for each job position that the Vietnamese worker does not meet and report to the Ministry of Labor, War Invalids and Social Affairs (MOLISA) or the Department of Labor, War Invalids and Social Affairs (DOLISA) where the foreign worker is expected to work.
• 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 MOLISA or DOLISA at least 15 days in advance from the expected date of employing foreign workers.

2.  Apply for a work permit

At least 15 days in advance from the date the foreign worker is expected to start working in Vietnam, the employer must submit a request for a work permit to MOLISA or DOLISA where the foreign worker is expected to work.

3.  Sign a labor contract

• For the foreign worker working under a labor contract, after being granted a work permit, the employer and the foreign worker must sign a written labor contract before the expected working date.
• The employer shall send the signed labor contract upon request to the competent authority that issued the work permit. Labor contract must be an original or a certified copy.

Above are some new points on procedures for applying for work permits for foreign workers working in Vietnam according to Decree No. 70/2023/ND-CP. Should you have any questions or problems, please do not hesitate to contact Gia Luat for the best support.