New Decree on foreign workers in Vietnam

Decree 70/2023 prescribes many new regulations that create favorable conditions for foreign workers in Vietnam.

In particular, a foreign expert is required to graduate from a university or higher or equivalent and have at least 3 years’ working experience in his/her trained discipline relevant to his/her expected job assignment in Vietnam. Bachelor qualification is not required for the job assignment in previous regulations.

A technical worker is required to have at least 01 year of education and at least 03 years of working experience in his/her trained discipline relevant to his/her expected job assignment in Vietnam in accordance with Decree No. 152/2020.
 

From January 01, 2024, for at least 15 days after the expected date of the explanatory report to the Ministry of Labor, Invalids and Social Affairs or provincial-level Departments of Labor, Invalids and Social Affairs of localities where foreign workers are expected to work.

The notice shall be posted on the Ministry of Labor, Invalids and Social Affairs’ e-portal (the Department of Employment) or e-portals of Centers of Employment Services established under decisions of Chairpersons of provincial-level People’s Committees. 

Such a recruitment notice must include the following information: Job assignment and title, job description, number, requirements on qualifications, experience, salary, working time, and location.

In the case where a foreign worker works for an employer in different locations, such an application for a work permit must indicate all working locations.

The Ministry of Labor, Invalids and Social Affairs shall perform the unified state management of recruitment and management of foreign workers in Vietnam from central to local levels, and management of Vietnamese workers working for foreign organizations or individuals in Vietnam

This Decree repeals the first paragraph “Granting, re-granting, extending and revoking work permits for foreign workers in industrial parks and economic zones and certifying foreign workers’ eligibility for exemption from work permit” and the phrase “receiving reports on employment of foreign workers” at

Accordingly, the provincial-level Departments of Labor, Invalids and Social Affairs shall manage foreign workers in areas.