- Relaxing requirements for experts, executive directors, and foreign technical workers:
DECREE 152/2020 DECREE 07/2023 EXPERTS Requirement for experts to have a university degree in the relevant field of work (Clause 3, Article 3) Only need to have a university degree or higher, or equivalent, and be suitable for the intended position (point a, Clause 1, Article 1) EXECUTIVE DIRECTORS The head and directly manage the subordinate unit of an agency, organization, or enterprise (Clause 5, Article 3) The head of a branch, representative office, business location.
The head and directly manage at least one sector of the agency, organization, or enterprise and be under the direct direction and management of the head of the agency, organization, or enterprise (point b, Clause 1, Article 1).FOREIGN TECHNICAL WORKERS Requirement to work in the exact field of study (point a, Clause 6, Article 3) Only need to be trained for at least 1 year and have at least 3 years of relevant experience for the intended position (point c, Clause 1, Article 1) - Shorten the deadline for reporting the demand for foreign labor usage:
DECREE 152/2020 DECREE 07/2023 Declare the number of foreign workers to The Chairman of the People’s Committee at the provincial level where the contractor implements the package bid (Clause 1, Article 5) Department of Labor – Invalids and Social Affairs where the contractor implements the package bid (point a, Clause 13, Article 1) The entity organizing the introduction and supply of Vietnamese labor to the contractor The Chairman of the People’s Committee at the provincial level directs (Clause 2, Article 5) The Department of Labor – Invalids and Social Affairs proposes (point a, Clause 13, Article 1) The deadline for reporting an explanation regarding the determination of the demand for using foreign labor At least 30 days prior to the intended date of using foreign labor (point a, Clause 1, Article 4) At least 15 days prior to the intended date of using foreign labor (Clause 2, Article 1) - Change in the authority to issue documents approving the use of foreign labor:
DECREE 152/2020 DECREE 07/2023 The authority to issue documents approving or disapproving the use of foreign labor lies with The Ministry of Labor – Invalids and Social Affairs or the People’s Committee at the provincial level (Clause 2, Article 4) The Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs (Clause 2, Article 1) This change is due to Decree 70, which has unified state management on recruitment and management of foreign workers in Vietnam from the central to local levels.
The Ministry of Labor – Invalids and Social Affairs centrally coordinates state management on recruitment and management of foreign workers nationwide, as well as managing Vietnamese employees working for foreign organizations and individuals in Vietnam.
Meanwhile, the Department of Labor – Invalids and Social Affairs will coordinate the management of foreign workers, including issuing permits for foreign workers at the local level.
- Changes regarding cases that require reporting of the demand for using foreign labor:
DECREE 152/2020 DECREE 07/2023 In cases where foreign workers are regulated under Clauses 3, 4, and 5 of Article 154 of the Labor Code and Clauses 1, 2, 8, 9, 10, 11, 12, and 13 of Article 7 of Decree 152/2020, the employer is not required to determine the demand for using foreign labor.
(Clause 1, Article 4)In cases where foreign workers are regulated under Clauses 3, 4, 5, 6, and 8 of Article 154 of the Labor Code and Clauses 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, and 14 of Article 7 of Decree 152/2020, the employer is not required to determine the demand for using foreign labor.
(Clause 2, Article 1) - Carry out the recruitment notification procedure:
According to the regulations in Clause 2, Article 1 of Decree 70/2023, starting from January 1, 2024, the announcement of recruitment for Vietnamese workers for positions intended for foreign labor recruitment is carried out through the following channels:- The electronic information portal of the Ministry of Labor – Invalids and Social Affairs (specifically, at the Employment Department);
- The electronic information portal of the Job Service Center established by the Chairman of the Provincial People’s Committee.
Implementation period: at least 15 days before the planned reporting deadline.
The recruitment announcement will include the following information:
- Position and job title;
- Job description;
- Quantity;
- Requirements for qualifications, experience;
- Salary level;
- Working time and location.
If Vietnamese workers cannot be recruited for positions intended for foreign labor recruitment, the employer must proceed with the procedures to determine the demand for using foreign labor as prescribed.
- Foreign workers working in multiple provinces and cities need to report:
Additional provisions in Article 6 of Decree 152/2020 stipulate that if a foreign worker works for one employer in multiple provinces or cities, the employer must report to the Ministry of Labor – Invalids and Social Affairs and the Department of Labor – Invalids and Social Affairs where the foreign worker is employed.- Implementation period: within 3 days from the date the foreign worker starts working.
- Implementation method: Online.
- Additional provisions for cases where foreign workers do not need to apply for a work permit:
DECREE 152/2020 DECREE 07/2023 Being the owner or a member contributing capital to a limited liability company with a capital contribution value of 3 billion dong or more.
Holding the position of Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion dong or more.
Moving within the internal business of enterprises within the scope of 11 service sectors in Vietnam’s commitment table of services with the World Trade Organization, including: business, information, construction, distribution, education, environment, finance, health, tourism, culture and entertainment, and transportation.
Entering Vietnam to provide consulting services on expertise and technology or perform other tasks to serve research, construction, appraisal, monitoring and evaluation, management, and implementation of programs, projects using Official Development Assistance (ODA) funds as regulated or agreed upon in international agreements on ODA signed between competent authorities of Vietnam and foreign countries.
Being granted a license by the Ministry of Foreign Affairs to operate information, press activities in Vietnam as prescribed by law.
Being a volunteer as stipulated in Clause 2, Article 3 of this Decree.
Entering Vietnam to work in positions of managers, executive directors, experts, or technical workers with a working period of less than 30 days and not more than 03 times in 01 year.
Entering Vietnam to implement international agreements that central or provincial agencies sign as regulated by law.
Students studying at foreign schools, training institutions with internships agreed upon in organizations, enterprises in Vietnam; trainees, apprentices on Vietnamese ships.
Relatives of members of foreign diplomatic missions in Vietnam as stipulated in point l, Clause 1, Article 2 of this Decree.
Holding a diplomatic passport to work for state agencies, political organizations, socio-political organizations.
The person responsible for establishing commercial presence.Amend, supplement the following cases:
Being sent to Vietnam by competent foreign agencies or organizations to teach or serve as managers, executive directors at educational institutions established by foreign diplomatic missions, intergovernmental organizations proposed to be established in Vietnam; establishments, organizations established according to international agreements that Vietnam has signed or participated in;
Being confirmed by the Ministry of Education and Training for foreign workers entering Vietnam to perform the following tasks:
a) Teaching, researching;
b) Serving as managers, executive directors, principals, vice principals of educational institutions established by foreign diplomatic missions or intergovernmental organizations proposed to be established in Vietnam.
(Clause 4, Article 1) - Allow issuing electronic work permits:
The Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs where the foreign worker is intended to work shall issue work permits for foreign workers.In addition to the paper-based work permit, Decree 70/2023 also specifies the permission to issue electronic work permits, which must comply with the content according to Template 12/PLI in Appendix I stipulating the template of the work permit. (Clause 6, Article 1 of Decree 70/2023).
- Supplementing cases of reissuing work permits:
One of the cases of changes in the following information requires the enterprise to apply for a reissuance of the work permit, including: (Clause 7, Article 1 of Decree 70/2023)- Full name;
- Nationality;
- Passport number;
- Workplace address;
- Change of enterprise name without changing the enterprise code (newly added).
THE ADJUSTMENTS OF DECREE 07/2023 FROM DECREE 152/2020 REGARDING FOREIGN WORKERS IN VIETNAM AND THE RECRUITMENT, MANAGEMENT OF VIETNAMESE EMPLOYEES WORKING FOR FOREIGN ORGANIZATIONS, INDIVIDUALS IN VIETNAM
