Some new points on foreign workers working in Vietnam

On September 18, 2023, Decree No. 70/2023/ND-CP of the Government, amending and supplementing some articles of Decree No. 152/2020/ND-CP on foreign workers working in Vietnam, officially took effect.

Some new points remarkable according to Decree No. 70/2023/ND-CP are as follows:

• Post recruitment notices for Vietnamese workers for positions expected to recruit foreign workers on the electronic information portal:

From January 1, 2024, the announcement of recruitment of Vietnamese workers to positions expected to recruit foreign workers shall be made on the website of the Employment Department or the website of the Employment Service Center within at least 15 days from the expected date of the explanation report.

• Shorten reporting time on the need to use foreign workers.

At least 15 days in advance (according to previous regulations, at least 30 days) 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 have not met and report to the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs where the foreign workers is expected to work.  

• Foreign workers married to Vietnamese people and living in Vietnamese territory will have to apply for confirmation that they are not subject to a work permit (according to previous regulations, only reporting information).
• The written request for a Work Permit must fully list the work locations in case the foreign workers works for one employer at multiple locations.
• Amending and supplementing a number of documents proving that foreign workers are managers, executives, experts, and technical workers.
• Supplementing a special case when issuing new Work Permit for foreign workers who are experts and technical workers who have already been granted a Work Permit and have had it extended once but want to continue working with the same job position and job title stated in the Work Permit.

Above are some new points in regulations on 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.