Key changes in regulations aim to streamline processes, ensure fairness, and prioritize Vietnamese employment. The Decree also adds some requirements for the recruitment of a foreign worker.
On September 18, 2023, Vietnam implemented Decree No. 70/2023/ND-CP, amending existing regulations on foreign worker employment. This new decree introduces significant changes designed to clarify procedures, ease administrative burdens, and prioritize opportunities for Vietnamese citizens.
Centralized Authority
Previously, economic and industrial zone authorities handled work permits and foreign worker management. Decree 70 centralizes this responsibility under the Ministry of Labour, Invalids and Social Affairs (MOLISA) and Department of Labour-Invalids and Social Affairs (DOLISA) at local levels, creating a more unified and streamlined system.
Faster Recruitment Process for Foreign Workers
Companies requesting to hire foreign workers must now notify the authorities 15 days before the anticipated employment date, a reduction from the previous 30-day timeframe. This applies to reporting changes in foreign worker information as well.
Prioritizing Vietnamese Workers
Starting January 1, 2024, companies must first advertise positions through MOLISA’s online platform for at least 15 days before seeking foreign candidates. Only after demonstrating unsuccessful attempts to recruit a suitable Vietnamese worker can they proceed with foreign recruitment. The requirements for foreign worker by the Vietnam authorities aims at more clarity and visibility for employers. This measure also safeguards the rights and opportunities of Vietnamese employees.
Streamlined Work Permit Processes
Decree 70 simplifies work permit applications for “experts” and “technicians” by removing the requirement for their education or training to directly match their job position. Skills evidence now focuses on experience rather than academic qualifications. Additionally, previously issued work permits and exemption certificates can serve as proof of working experience.
Other Updates
- Work permit applications must now list all work locations if the foreigner will be mobile.
- Sponsors can submit certified copies of foreign passports instead of notarized versions.
- Foreigners married to Vietnamese citizens residing in Vietnam are no longer required to obtain labor management authority approval before applying for work permit exemption.
Conclusion
Decree 70 marks a significant step towards a more efficient and equitable foreign worker employment system in Vietnam. The centralized authority, faster processes, and prioritization of Vietnamese recruitment demonstrate a commitment to both streamlining business operations and protecting the interests of local workers. While future challenges may arise, this new decree lays a strong foundation and requirements for a fair and transparent approach to managing foreign worker in Vietnam.
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