Decree 70/2023/ND-CP amends and supplements Decree 152/2020/ND-CP, regulating the use of foreign labor in Vietnam. It introduces notable changes affecting the recruitment and employment of foreign workers in Vietnam as follows:
Shortening the Reporting Time Limit for Foreign Labor Needs
Previously, employers were required to report their need for foreign labor positions at least 30 days before hiring foreign workers to the Ministry of Labor, Invalids, and Social Affairs or the Department of Labor, Invalids, and Social Affairs in the locality where the foreign employees were expected to work.
Under the new regulation, this period has been shortened to 15 days, providing more flexibility for employers, especially in urgent recruitment situations where advanced planning may not be feasible.
If there are changes in job positions, titles, working conditions, quantity, or workplace during the process, employers must report these changes to the competent authorities at least 15 days before the intended date of employing foreign workers.
Change in Authority for Approval of Foreign Labor Usage
Decree 70/2023/ND-CP stipulates that the Ministry of Labor, Invalids, and Social Affairs or the Department of Labor, Invalids, and Social Affairs in the locality are authorized to issue documents approving or disapproving the use of foreign workers for each reported position.
These authorities are required to issue approval or disapproval documents within 10 working days from the date of receiving the employer’s report explaining the need for foreign labor or reporting changes in the need for foreign labor. This change aims to streamline the approval process.
Previously, only the Ministry of Labor, Invalids, and Social Affairs, and the provincial-level People’s Committees had the authority to approve or disapprove foreign labor usage.
The provincial-level People’s Committees have now been replaced by the Department of Labor, Invalids, and Social Affairs, creating a more consistent regulatory framework, which aids in better monitoring of foreign workers’ activities in Vietnam.
Additional Cases of Foreign Workers Exempted from Work Permits
Decree 70/2023/ND-CP introduces new exemptions for foreign workers who do not need to apply for work permits when working in Vietnam:
- Foreign workers sent by foreign competent authorities or organizations to work as teachers or managers at educational institutions established by foreign diplomatic missions or intergovernmental organizations in Vietnam.
- Foreign workers confirmed by the Ministry of Education and Training to work as managers, executives, principals, or vice principals at educational institutions established by foreign diplomatic missions or intergovernmental organizations in Vietnam.
These changes reflect Vietnam’s efforts to attract skilled foreign professionals and streamline the procedures for their employment in specific sectors.