New Decree On Foreigners Working In Vietnam – 05 Significant Changes

NEW DECREE ON FOREIGNERS WORKING IN VIETNAM  – 05 SIGNIFICANT CHANGES

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The Government promulgated Decree No. 70/2023/ND-CP (“Decree 70“), effective as from 18 September 2023, to amend and supplement certain provisions of Decree No. 152/2020/ND-CP on foreigners working in Vietnam (“FEs”). 05 (five) significant changes under this Decree 70 include:

1. Issued work permits can be used as evidence for the working experience of experts, technical employees[1]

The enterprises can use issued work permits (“WPs”) or certificates of exemption from WPs (“Certificates”) as evidence for the FEs’ working experience as experts or technical employees instead of relying solely on the confirmation letter of foreign companies as previously.

2. An EF can work at multiple workplaces under a single WP[2]

The Enterprises will list all workplaces of the FEs in the written request for the WPs, and report via the electronic systems to the competent authorities at the place where the FEs come to work within 03 days of the start date of working.

 3. “Experts”, “technical workers” are not required to have working experience in their trained specialisation[3]

When applying for WPs or Certificates, “experts”, “technical workers” are not required to have working experience in their trained specialisation. FEs are only required to have working experience suitable to the job that they intend to do in Vietnam instead.

 4. Documents proving FEs managers or executive directors

03 documents to prove the FEs managers or the executive directors include: (i) the Company’s Charter, (ii) the Enterprise Registration Certificate or the Certificate of Incorporation or the Establishment Decision or other equivalent documents, and (iii) the Company’s Resolution or Decision on appointment.

Executive directors include (i) the head of branches, representative offices, or business locations of companies, or (ii) the head who directly manages at least one business sector of companies and is under the direction and management of the head of the companies.

5. Companies must post hiring ads for Vietnamese employees before recruiting FEs [4]

As from 01 January 2024, companies must post the hiring ads for Vietnamese employees for the positions that they intended to recruit the EFs before submitting the application documents for WPs or Certificates on the Information Portal of the MOLISA or of the Employment Service Centers which are established by the Chairman of the People’s Committees of provincial level.

[1] Article 1.3 and 1.5.(a) Decree 70

[2] Article 1.3 and 1.5.(a) Decree 70

[3] Article 1.1 Decree 70

[4] Article 1.2 Decree 70