Latest conditions for foreign workers to work in Vietnam

The Government has just issued Decree 70/2023/ND-CP amending and supplementing a number of articles of Decree 152/2020/ND-CP regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam.

Decree 70 of 2023 has many contents to facilitate foreign workers working in Vietnam.

Accordingly, foreign experts are defined as those who have graduated from university or equivalent and have at least 3 years of work experience relevant to the expected position in Vietnam. Compared to before, there is no longer a requirement to have a university degree in the expected field of work.

Foreign technical workers only need to be trained for 1 year or more and have at least 3 years of experience suitable for the expected position in Vietnam instead of having to work in the correct major as prescribed in Decree 152 of 2020.

From January 1, 2024, the announcement of recruitment of Vietnamese workers for positions expected to recruit foreigners must be made at least 15 days from the expected date of reporting to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs.

The declaration is made on the electronic portal of the Ministry of Labor, War Invalids and Social Affairs (Department of Employment) or the electronic portal of the employment service center as decided by the Chairman of the Provincial People's Committee.

Recruitment content includes position, title, quantity, job description, requirements on qualifications, experience, salary, working time and location.

In case a foreign employee works for an employer at multiple locations, the application for a work permit must list all work locations.

The Ministry of Labor, War Invalids and Social Affairs unifies state management of recruitment and management of foreign workers nationwide as well as management of Vietnamese people working for foreign organizations and individuals in Vietnam.

The newly issued Decree also amends and supplements the time limit of 5 working days from the date of receipt of 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 a work permit to the foreign worker according to the form. In case the work permit is not issued, a written response must be issued stating the reason.

This Decree abolishes the content of "granting, re-granting, extending, revoking work permits and confirming foreign workers not subject to work permit issuance for foreigners working in industrial parks and economic zones" in Decree 35/2022 on management of industrial parks and economic zones.

Accordingly, the Department of Labor, War Invalids and Social Affairs will unify the management of foreign workers in the area.

Decree 70/2023/ND-CP takes effect from September 18, 2023.

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