Since September 18, 2023, Decree 70/2023/ND-CP has taken effect, aiming to amend a number of regulations on management of foreign workers working in Vietnam.
The following changes take effect September 18, 2023:
1) Enterprises must submit a report explaining the need to employ foreign workers to the Ministry of Labor, War Invalids and Social Affairs (Ministry of Labor) or the Department of Labor, War Invalids and Social Affairs (Department of Labor) for at least 15 days. days (compared to 30 days previously) before the foreign worker’s start date.
2) Enterprises that employ foreign workers and assign them to work at branches in other provinces and cities must provide details of work locations in the application for a Work Permit. Dossier requesting a Work Permit for this case must be submitted to the Ministry of Labor. In addition, every time an individual starts working at a new branch, the enterprise must notify the Ministry of Labor and the local Department of Labor via the Government’s Electronic Information Portal within three days from the date the employee Foreigners start working.
3) Industrial park or economic zone management boards will no longer accept applications for new issuance, extension or revocation of work permits as well as confirmation that foreign workers are not eligible for permits. labor or receive reports explaining the need to use foreign workers. Enterprises must submit all types of documents for Work Permits or confirmation of exemption from Work Permits and explanatory reports to the Ministry of Labor or local Department of Labor.
4) Enterprises can submit a certified copy of the foreign worker’s passport instead of a certified copy of the foreign worker’s passport as previously required.
5) Enterprises that change their name but still keep the same business registration code can request to re-issue a Work Permit to foreign workers with the new company name without having to re-provide the written approval. demand for foreign labor.
6) From January 1, 2024, recruitment announcements of Vietnamese workers for positions expected to recruit foreign workers will be made on the Electronic Information Portal of the Ministry of Labor and War Invalids. and Social Affairs (Department of Employment) or the Electronic Information Portal of the Employment Service Center established by the Chairman of the People’s Committee of the province or centrally run city within at least 15 days from the date of establishment. Expected explanation report 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 content of the recruitment announcement includes: position and job title, job description, quantity, requirements for qualifications, experience, salary, working time and location. After failing to recruit Vietnamese workers to positions recruiting foreign workers, the employer is responsible for determining the need to use foreign workers.
Work Permit Requirements
The following changes take effect September 18, 2023:
Work permits for experts and technical workers
1) Foreign workers who want to get a Work Permit for a specialist position must provide a university degree or higher or equivalent, but the training major is not required to be directly related to the job title in Vietnam. . Foreign workers must have at least three years of experience relevant to their position in Vietnam.
2) Foreign workers who want to get a Work Permit for a technical position must provide a training certificate for at least one year, but the training specialty is not required to be directly related to the job title at Vietnam. Foreign workers must have at least three years of experience relevant to their position in Vietnam.
3) If a foreign worker has a work permit that is an expert or technical worker and has had it extended once but wishes to continue working in the same position and title, the application for a new work permit must be submitted. Work permit does not require providing qualifications, training certificates, or proof of experience.
4) Foreign workers who want to get a Work Permit for an expert or technical worker position can use the issued Vietnamese Work Permit to prove their work experience. Previously, the Vietnamese Work Permit was not accepted to prove experience, instead foreign workers had to provide a certificate of work experience abroad.
Work permits for managers and executives:
1) Regulations on executive directors:
- Head of branch, representative office or business location of the enterprise.
- The person who leads and directly operates at least one area of an agency, organization, or enterprise and is subject to the direct direction and management of the head of the agency, organization, or enterprise.”.
2) Previously, the law did not specifically stipulate the documents that needed to be submitted to apply for a Work Permit for these positions. The new Decree clearly stipulates that businesses that want to apply for a Work Permit for these positions must provide the following documents:
- Charter of the guarantee company
- Business registration certificate or establishment certificate or establishment decision
- Resolution or appointment decision of the enterprise recruiting foreign workers
Foreign workers married to Vietnamese:
Foreign workers married to Vietnamese people do not need to submit a report explaining their need to use foreign workers as before. However, businesses must submit an application for a certificate certifying that foreign workers are not subject to a work permit to the Ministry of Labor or the Department of Labor instead of reporting to the Ministry of Labor or the Department of Labor. as before.
Impact on employers
This new Decree is expected to bring more benefits and ease for businesses in the process of sponsoring work permits for foreign individuals.
Pham Consult hopes that this information will help your working process.