Tuesday, 26/09/23
On September 18, 2023, the Government issued Decree 70/2023/ND-CP amending and supplementing a number of articles of Decree 152/2023/ND-CP dated December 30, 2020. In this Decree 70/2023/ND-CP, the government has a number of adjustments such as the time for businesses to submit documents to determine the need to use foreign workers; Documents proving that the foreign worker is a manager, executive director, expert, or technical worker; second work permit extension for experts, technical workers, etc. In this article, let's join Visa5s.com to learn more about some of the main changes in Decree 70/2023/ND-CP.
I. EFFECTIVE DATE OF DECREE NO. 70/2023/ND-CP
II. THE AMENDMENTS AND ADDITIONS REGARDING THE REGULATIONS ON THE USE OF FOREIGN LABOR IN DECREE NO. 70/2023/ND-CP
1. Update regarding the determination of the need for employing foreign workers:
At this point, the Government has reduced the minimum time that businesses need to submit their requests for foreign labor work permits. Specifically, businesses are required to determine the need and request for an approval letter for the position at least 15 days in advance, as opposed to the "at least 30 days" requirement in Decree No. 152/2020/ND-CP. Additionally, the minimum duration and specific locations for posting job openings for Vietnamese workers in positions intended for foreign labor recruitment have also been clearly defined in this new decree.
2. Update regarding the exemption for employers from the need to determine the demand for foreign labor use:
In cases specified in Sections 3, 4, 5, 6, and 8 of Article 154 of the Labor Code and Sections 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, and 14 of Article 7 of Decree No. 152/2020/ND-CP, employers are not required to determine the need for using foreign labor.
More specifically, regarding the additional provisions:
Labor Code, Article 154:
Decree No. 152/2020/ND-CP, Article 7:
3. Update regarding the Definition and Documentation Requirements for Foreign Workers in the Roles of Managers, Chief Executives; Experts; Technical Workers:
► For Managers, Chief Executives: amendment and addition to point (a) of Article 4
The documentation to prove the status of Managers and Chief Executives includes three types of documents:
Compared to Decree No. 152/2020/ND-CP, where the documentation for proving the status of Managers only required providing a Business Registration Certificate as sufficient evidence, Decree No. 70/2023 introduces more explicit and stringent requirements. According to Decree No. 70/2023, a Manager or Chief Executive must provide all three documents mentioned above.
► For Experts: amendment and addition to point (a) of Article 3
A degree from a university or higher and a minimum of 03 years of relevant work experience for the position intended to work in Vietnam is required.
Therefore, under Decree No. 70/2023/ND-CP, the conditions have been expanded to require a minimum of 03 years of relevant work experience and a university degree or higher without the additional condition of a degree in the intended field of work, as was the case in Decree No. 152/2020.
► For Technical Workers: amendment and addition to point (a) of Article 3
Technical workers must be trained for at least 1 year and have a minimum of 3 years of relevant work experience for the position they intend to work in Vietnam.
If previously Decree 152/2020 stipulated at this point, foreign workers needed to be trained in technical majors and work for at least 03 years in the trained major, now foreign workers only need to meet the criteria of having a diploma, certificate and minimum work experience appropriate to the expected job position.
Important note: Addition to point (b) of Article 9 regarding documents certifying experts and technical workers:
Thus, for the method of proving the number of years of experience of foreign workers, it is now legalized to use 02 work permits or 02 confirmations that are not subject to work permits instead of the work permit. Verified experience. This can be seen as an additional point of openness, creating favorable conditions for experts and technical workers who have been working in Vietnam for many years.
4. Update regarding the renewal of work permits:
Amendment and addition to Article 12, Clause 3: When the employer or the foreign worker changes one of the following details, they must apply for the renewal of the work permit: full name, nationality, passport number, workplace, changes in the company name without changing the business registration number specified in the valid work permit.
III. COMPLETELY NEW SUPPLEMENTARY CONTENT OF DECREE 70/2023/ND-CP COMPARED TO DECREE 152/2020/ND-CP
► Addition to Article 6, Clause 3 regarding foreign workers working for one employer but in multiple provinces and centrally-run cities:
Within 3 working days from the date the foreign worker starts working, the employer must report electronically to the Ministry of Labor, Invalids and Social Affairs and the Department of Labor, Invalids and Social Affairs in the province or centrally-run city where the foreign worker is employed, using Form No. 17/PLI attached to this Decree.
► Addition to point c, Clause 9 of Article 9 regarding the extension of work permits for experts and technical workers. Foreign workers meeting the following criteria will be eligible for the second extension of their work permits:
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