Decree 70/2023/ND-CP of the Government dated September 18, 2023 Regulating working and recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam Male
Accordingly, some notable changes in the Decree are as follows:
- Change the conditions required for foreign experts, executives, and technical workers:
According to Article 1 of Decree No. 70/2023, amending and supplementing regulations on experts who are foreign workers: Graduated from university or higher or equivalent and have at least 3 years of work experience suitable for the position jobs that foreign workers plan to work in Vietnam.
Before: Required to have a university degree or higher or equivalent and at least 3 years of work experience in a major industry with training appropriate to the job position the foreign worker is expected to work in in Viet Nam.
Also under the new regulations, managing director are regulated to a broader range of subjects, including:
– The head of the branch, representative office or business location of the enterprise..
– The head and direct executive of at least 01 field of an agency, organization, or enterprise and subject to the direct direction and management of the head of the agency, organization, or enterprise.
Before: Executive Director was only defined as: the person who heads and directly operates a unit under an agency, organization, or enterprise.
In addition, foreign technical workers are also exempted from the requirement to work in the same field and instead only need to be trained for at least 1 year and have at least 3 years of experience relevant to the job position. Expected to work in Vietnam.
- Change the agency that issues approval documents for the use of foreign workers
Clause 2, Article 1 of Decree No. 70/2203 stipulates: The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs are the agencies with the authority to issue documents of approval or disapproval. on the use of foreign workers for each job position reported by the employer.
Before: Decision-making authority belonged to the Ministry of Labor, War Invalids and Social Affairs or the Provincial People’s Committee. Thus, according to the new regulations, the Provincial People’s Committee has been replaced by the Department of Labor, War Invalids and Social Affairs to issue documents approving or disapproving the use of foreign workers.
- Change in reporting time to explain the need to use foreign workers
During the implementation process, if there is a change in the need to use foreign workers in terms of position, job title, form of work, quantity, location, it must be reported at least 15 days in advance from the expected date. employ foreign workers.
Before: At least 30 days from the expected date of employment of foreign workers.
- From January 1, 2024, the announcement of recruitment of Vietnamese workers for positions expected to recruit foreign workers will be on the Electronic Information Portal.
In addition, Decree No. 70/2023 amends and supplements previous regulations on: changes in cases where the need to use foreign workers must be reported, new reporting forms, etc. For detailed content of the Decree, readers are invited to refer to the attached file.
This Decree takes effect from September 18, 2023.
