New Regulations on Work Permit in Vietnam Under Decree No. 70/2023/ND-CP

Decree 152

Decree 70

Amendment to one of the Criteria for Determining a Foreign Expert

Have university Degree or higher or equivalent and have at least 03 years of work experience in their training field and suitable to the job position that the foreign worker plans to work in Vietnam

Graduated from university or higher or equivalent and have at least 03 years of work experience in their training field and suitable to the job position that the foreign worker plans to work in Vietnam

Amendment to one of the Criteriafor Determining an Excutive

“executive” means the head or a person who directly administers affiliated entities of an agency, organization or enterprise.

“Executive” is a person who meet one of the following cases:

a) Be the Head of branch, representative office or business location of the enterprise.

b) 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.”.

Amendment to one of the Criteria for Determining a Technician

Has been trained in a technical field or another major for at least 01 years and has worked for at least 03 years in his/her training field;

Has been trained in technical field or another major for at least 01 year and have worked for at least 03 years in his/her training field appropriate to the job position they are applying for.

Determination of demand for foreign workers

At least 30 days before the date on which foreign workers are expected to be employed, the employer (except contractor) shall determine the demand for foreign workers for every job position for which Vietnamese workers are underqualified and send a corresponding report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province or central-affiliated city (hereinafter referred to as province) where the foreign workers are expected to work

At least 15 days before the date on which foreign workers are expected to be employed, the employer (except contractor) shall determine the demand for foreign workers for every job position for which Vietnamese workers are underqualified and send a corresponding report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province or central-affiliated city (hereinafter referred to as province) where the foreign workers are expected to work

Foreign Employees working in multiple locations.

In case a foreign worker works for one employer in multiple locations, the work permit application (Form 11/PLI) must write all the work locations.

Proofs as a manager, executive, expert, technical and certain jobs, works as follows

a) Proof as a manager, executive as prescribed in clauses 4, 5 Article 3 Decree No. 152;

b) Proof as an expert, technical worker as prescribed in clauses 3, 6 Article 3 of Decree No. 152, including: diplomas, certificates, certification of foreign agency, organization, enterprise in respect of number of years’ experience of the expert or technical worker;

a) Proof as a manager, executive include the following 3 types of documents:

- Company charter or operating regulations of agencies, organizations or enterprises;

- Business registration certificate or establishment certificate or establishment decision or other documents of equivalent legal value;

- Resolution or Appointment Decision of agencies, organizations or enterprises.

b) Proof as an expert, technical worker include the following 2 types of documents:

- Diploma or diploma or certificate;

- Written confirmation from an agency, organization, or enterprise abroad regarding the number of years of experience of the expert, technical worker, or that work permit has been issued or that the work permit exemption has been issued.

The recruitment announcement of Vietnamese workers

From January 1, 2024, the recruitment announcement of Vietnamese workers for positions expected to recruit foreign workers will be made on the Electronic Information Portal of the Ministry of Labor, War Invalids and Social Affairs. Association (Department of Employment) or Electronic Information Portal of the Employment Service Center at least 15 days from the expected date submitting Explanation report for using the foreign labor.

Explaination for Demanding using Foreign Labor having the Marriage Registration Certificate with Vietnamese wife.

It is required to submit the Explanation for using the foreign Labor

It is NOT required to submit the Explanation for using the foreign Labor