New points about using foreign workers in Vietnam from 2024
New points about using foreign workers in Vietnam from 2024
On September 18, 2023, the Government issued Decree 70/2023/ND-CP amending and supplementing Decree 152/2020/ND-CP regulating the use of foreign workers in Vietnam. Here are 10 new points of Decree 70/2023/ND-CP on foreign workers.
1. Relax requirements for foreign experts, executives, and technical workers
2. Shorten the time limit for reporting the need to use foreign workers
3. Change the authority to issue documents approving the use of foreign workers
4. Changes in cases where the need to use foreign workers must be reported
5. From 2024, labor recruitment notices will be posted on www.doe.gov.vn
6. Foreign workers working in many provinces and cities must report
7. More cases where foreign workers do not have to apply for a work permit
8. Allow issuance of electronic work permits
9. Additional cases of reissuance of work permits
1. Change requirements for foreign experts, executives, and technical workers
According to Clause 1, Article 1 of Decree 70/2023/ND-CP, requirements for foreign experts, executives, and technical workers have been amended, making it easier for foreigners to come to Vietnam to work.
Instead of requiring that experts must have a university degree in the field they intend to work in, from September 18, 2023, experts only need to have a university degree or higher or equivalent and have at least 3 years of relevant work experience. suitable for the expected job position in Vietnam.
According to the new regulations, the CEO is not only the head and direct manager of a unit under an agency, organization or enterprise, but is regulated with a broader scope including:
- The head of the branch, representative office or business location of the enterprise.
- The person who leads and directly operates at least 01 field of an agency, organization, or enterprise and is subject to the direct direction and management of the head of the agency, organization, or enterprise.
Foreign technical workers only need to be trained for at least 01 year and have at least 03 years of experience suitable for the job position they intend to do in Vietnam or have 5 years or more working experience in a suitable position. suitable for the job in Vietnam of the enterprise needing recruitment.
2. Shorten the time limit for reporting the need to use foreign workers
According to regulations, before using foreign workers, employers (except contractors) must carry out procedures to determine the need to use foreign workers for each job position for which Vietnamese workers are employed. Nam has not yet responded and reported 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 deadline set for this procedure according to the new regulations is at least 15 days in advance from the expected date of employing foreign workers, while the old regulations require reporting 30 days in advance.
During the implementation process, if there is a change in the need for position, title, form of work, quantity, or location of work, the employer must report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor. Labor - Invalids and Social Affairs at least 15 days in advance from the expected date of using foreign workers (the old regulation was 30 days).
3. Change the authority to issue documents approving the use of foreign workers
This is also a new point of Decree 70/2023/ND-CP on foreign workers that businesses are interested in.
Clause 2, Article 1 of Decree 70/2023/ND-CP stipulates that the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs are the agencies with the authority to issue documents approving or disapproving. Agreement on the use of foreign workers for each job position reported by the employer.
The deadline for issuing this document is within 10 working days from the date of receiving the explanation report or the explanation report on changes in the need to use foreign workers.
Previously, the authority to approve or disapprove the use of foreign workers belonged to the Ministry of Labor, War Invalids and Social Affairs or the Provincial People's Committee (PPC).
Thus, the Provincial People's Committee has been replaced by the Department of Labor, War Invalids and Social Affairs to issue documents approving or disapproving the use of foreign workers.
This change is due to Decree 70 unifying state management of recruitment and management of foreign workers working in Vietnam from central to local levels.
The Ministry of Labor, War Invalids and Social Affairs unifies state management of recruitment and management of foreign workers across the country, as well as management of Vietnamese people working for foreign organizations and individuals in Vietnam.
The Department of Labor, War Invalids and Social Affairs will unify the management of foreign workers, including licensing foreign workers locally.
4. Changes in cases where the need to use foreign workers must be reported
Clause 2, Article 1 of Decree 70/2023/ND-CP amending Article 4 of Decree 152/2020/ND-CP has eliminated 04 cases of foreigners who do not need to carry out procedures to determine labor employment needs. abroad, including:
(1) Foreigners entering Vietnam to provide professional and technical consulting services or perform other tasks serving research, construction, appraisal, monitoring, evaluation, management and implementation. Currently, programs and projects use ODA capital according to regulations or agreements signed between Vietnam and foreign parties.
(2) Foreigners licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam.
(3) Foreigners entering Vietnam as volunteers in the voluntary and unpaid form to implement international treaties to which Vietnam is a member and with confirmation from a foreign diplomatic representative agency or organization. international organizations in Vietnam.
(4) Foreigners certified by the Ministry of Education and Training to enter Vietnam to do teaching and research work; or work as a manager, executive director, principal, or vice principal of an educational institution proposed to be established by a foreign diplomatic mission or intergovernmental organization.
Thus, from September 18, 2023, when using the above foreign workers, businesses are required to carry out procedures to confirm the need to use foreign workers.
In addition to eliminating cases, the new regulations also add 02 cases where confirmation of the need for foreign labor is not required:
(1) Foreigners are foreign lawyers who have been granted a License to practice law in Vietnam.
(2) Foreigners married to Vietnamese people and living in Vietnamese territory.
5. From 2024, recruitment notices must be posted
Labor recruitment announcement posted on www.doe.gov.vn, or the employment information page of the Province/City where the recruiting business is located:
Accordingly, from January 1, 2024, recruitment notices for Vietnamese workers in positions expected to recruit foreign workers will be posted on the following channels:
- Electronic information portal of the Ministry of Labor, War Invalids and Social Affairs (specifically at the Department of Employment: www.doe.gov.vn).
- Electronic information portal of the Employment Service Center was established by the decision of the Chairman of the Provincial People's Committee.
Deadline: At least 15 days in advance from the expected date of the explanation report.
The recruitment notice includes the following contents: Position and job title, job description, quantity, qualifications, experience requirements, salary, working time and location.
If Vietnamese workers cannot be recruited into positions recruiting foreign workers, the employer must carry out procedures to determine the need to employ foreign workers according to regulations.
6. Foreign workers working in many provinces and cities must report
Another notable new point of Decree 70/2023/ND-CP on foreign workers is that for foreign workers working for one employer in many provinces and cities, the employer must report to the Ministry of Labor, War Invalids and Social Affairs and the Department of Labor, War Invalids and Social Affairs where the foreign worker comes to work.
Implementation deadline: Within 03 working days from the date the foreign worker starts working.
Implementation method: Online.
The dossier includes: Form No. 17/PLI on Report on the situation of foreign workers coming to work.
7. More cases where foreign workers do not have to apply for a work permit
Through the adjustment of regulations in Article 7 of Decree 152/2020/ND-CP, Decree 70/2023/ND-CP has added a number of cases of foreign workers entering Vietnam to work without applying. Work permit includes:
(1) Foreigners sent to Vietnam by a competent foreign agency or organization to work as a teacher or manager or executive director at an educational institution run by a foreign diplomatic representative agency. foreign, intergovernmental organizations proposed to be established in Vietnam;
(2) Foreigners certified by the Ministry of Education and Training as foreign workers entering Vietnam to work as managers, executive directors, principals, and vice principals of educational establishments run by foreign representative agencies. foreign assignment or intergovernmental organization requesting establishment in Vietnam.
This contributes to creating favorable conditions and promoting foreign experts to come to Vietnam to teach and do educational management work.
8. Allow issuance of electronic work permits
According to Decree 70/2023/ND-CP, 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 has the authority to issue work permits to the foreign worker. foreign workers according to regulations.
In addition to the current form of paper work permit, Clause 6, Article 1 of Decree 70/2023/ND-CP also allows the issuance of electronic work permit but must ensure compliance with the provisions of law. relevant laws and meet the content according to Form No. 12/PLI regulations on Work Permit Forms.
9. Additional cases of reissuance of work permits
One of the reasons for having to re-issue a work permit is when there is a change in information. Specifically, the following information is available:
First and last name.
Nationality.
Passport.
Work location.
Change business name without changing business code (new addition).
Thus, when a business changes its name, the employer needs to carry out procedures to change work permits for foreigners working for them.
Above are the new points of Decree 70/2023/ND-CP on foreign workers applicable from September 18, 2023. If you still have problems, please contact +84787.320.320 to receive support from Inbound Vietnam experts and answer your questions in detail.
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