1. Working for the same employer but different job position

Pursuant to Point b, Clause 9, Article 9 of Decree 152/2020/ND-CP, a foreign worker who has been issued a work permit that remains valid and whose job assignment, job title or working form is changed compared to that stated in current his/her work permit but who still works for the previous employer, must apply for a new work permit with the requirements below:

• Application form to apply for a work permit;
• Proof as a manager, executive, expert, technical worker or other position;
• A document on approval of the demand for employment of foreign workers, unless it is not required to determine the demand for employment of foreign workers
• 02 photos (size 4 cm x 6 cm, white background, straight face, bare head, not wearing colored glasses), photos taken within 06 months from the date of application.
• Certified copy of passport or copy of passport certified by the employer
• Documents relevant to the foreign worker in Clause 8, Article 9 of Decree 152/2020/ND-CP

2. Same job postion but different employer

Pursuant to Point a, Clause 9, Article 9 of Decree 152/2020/ND-CP, a foreign worker who has been issued a work permit that remains valid and who wishes to work for another employer in the same job assignment and with the same job title as stated in his/her work permit, a dossier of application for a new work permit must comprise:

• The previous employer’s certification that the foreign worker is currently working;
• Application form to apply for a work permit;
• A document on approval of the demand for employment of foreign workers, unless it is not required to determine the demand for employment of foreign workers
• 02 photos (size 4 cm x 6 cm, white background, straight face, bare head, not wearing colored glasses), photos taken within 06 months from the date of application.
• Certified copy of passport or copy of passport certified by the employer
• Documents relevant to the foreign worker in Clause 8, Article 9 of Decree 152/2020/ND-CP

According to the above regulations, when foreign workers change their job position or move to another company, they must apply for a new work permit.

1. Experts are foreign laborers falling into one of the following cases:

– Graduated from university or higher or its equivalent.

– Have at least 3 years of relevant work experience for the position they intend to work in Vietnam.

(Decree No. 152/2020/NĐ–CP, prior to the amendment, required “at least 3 years of work experience in the relevant field of study.“)

Now, Decree No. 70/2023/NĐ-CP has been amended to only require foreign workers to have work experience relevant to the position they intend to undertake, without the need for it to be related to their trained field of study.

2. Chief Executive Officer is a person falling into one of the following cases:

a) The head of a branch, representative office, or business location of an

b) The head of and directly responsible for managing at least one sector of an agency, organization, or enterprise, and subject to the direct direction and management of the head of the agency, organization, or enterprise.

Decree No. 152/2020/NĐ-CP prior to the amendment: “The Chief Executive Officer (CEO) is the person at the top who directly manages the subordinate unit of an agency, organization, or enterprise.”

Now,   Decree   No.   70/2023/NĐ-CP   has   been amended to include additional cases where the Chief Executive Officer may belong to, as listed in points a) and b)

3. Technical employee are foreign laborers falling into one of the following cases:

They have been trained for at least 1 year and have a minimum of 3 years of relevant experience for the position they intend to work in Vietnam.

(Decree No. 152/2020/NĐ–CP, prior to the amendment: “They have been trained in technical or other fields for at least 01 year and have worked for at least 03 years in the trained field.)

Now,   Decree   No.   70/2023/NĐ-CP   has   been amended to remove the requirement for technical workers to have specialized training. Instead, technical workers need to have the necessary experience, allowing them to work in various technical fields.

4. Determination of the need for foreign labor usage:

a) At least 15 days before the intended use of foreign laborers, employers (excluding contractors) are responsible for determining the need for foreign laborers for each position that Vietnamese laborers cannot fulfill and reporting the rationale to the Ministry of Labor, War Invalids, and Social Affairs or the Department of Labor, War Invalids, and Social Affairs in the location where foreign  laborers are intended to work, using Form No. 01/PLI in Appendix I issued with this Decree.

During the implementation, if there are changes in the need for foreign laborers regarding position, job title, work format, quantity, or location, employers must report to the Ministry of Labor, War Invalids, and Social Affairs or the Department of Labor, War Invalids, and Social Affairs,  using  Form  No.  02/PLI  in  Appendix  I issued with this Decree, at least 15 days before the intended use of foreign laborers.

(Decree No. 152/2020/NĐ–CP (prior to the amendment): Required employers to determine the need for foreign laborers or report changes in the need for foreign laborers regarding position, job title, work format, quantity, or location at least 30 days before the intended use of foreign laborers.)

Now,  Decree  No.  70/2023/NĐ-CP  has   been amended to reduce this notification period to 15 days.

5. Announcement of Vietnamese Labor Recruitment:

Starting from January 1, 2024, the announcement of the recruitment of Vietnamese workers for positions intended for foreign laborers is to be carried out on the electronic information portal of the Ministry of Labor, War Invalids, and Social Affairs (Job Center) or the electronic information portal of the Job Service Center established by the Chairperson of the People’s Committee of a centrally-affiliated province or city, at least 15 days from the date of the intended report to the Ministry of  Labor, War Invalids, and Social Affairs or the Department of Labor, War Invalids, and Social Affairs in the location where foreign laborers are intended to work. The announcement should include information about the position and job title, job description, quantity, educational and experience requirements, salary level, working hours, and location.

After being unable to recruit Vietnamese laborers for positions intended for foreign laborers, employers are responsible for determining the need for foreign laborers as specified in point a) Clause 1 of this Article (determining the need for foreign laborers).

(Decree No. 152/2020/NĐ–CP, prior to the amendment: Not specified)

Thus,   Decree   No.   70/2023/NĐ-CP   has   been supplemented and amended to reduce the notification period for the need for foreign laborers from 30 days to 15 days and to introduce provisions for the announcement  of the recruitment of Vietnamese workers on the electronic information portal starting from January 1, 2024.

6. Additional Cases exempt from explaining the need for Foreign Labor usage:

1. Foreign lawyers who have been granted a practicing certificate in Vietnam in accordance with the Law on

2. Foreigners married to Vietnamese citizens and residing within Vietnamese

3. Those entering Vietnam to provide specialized and technical consulting services or perform other tasks serving research, construction, assessment, monitoring, and evaluation, management, and implementation of programs and projects using official development assistance (ODA) funds as regulated or agreed upon in international agreements on ODA signed between Vietnam’s competent authorities and foreign

4. Those granted a permit by the Ministry of Foreign Affairs to operate information and press activities in Vietnam in  accordance with the law.

5. Volunteer workers as defined in Clause 2, Article 3 of this Decree.

(Decree No. 152/2020/NĐ–CP, prior to the amendment: Did not list cases exempt from explaining the need for foreign labor usage)

Thus,     Decree    No.    70/2023/NĐ-CP    has expanded the scope of exemptions from explaining the need for foreign labor usage.

7. Listing of All Work Locations using Form No. 11/PLI in Appendix I issued with Decree 70/2023/NĐ-CP: 

In cases where foreign workers work for one employer at multiple locations, the request for a labor permit must list all work locations in full.

(Decree No. 152/2020/NĐ–CP, prior to the amendment: Not required)

Decree  No.  70/2023/NĐ-CP  has  expanded  the requirement, stating that if a foreign worker works for one employer at multiple different locations, the request for a labor permit using Form No. 11/PLI must list all work locations in full.

8. Documents Proving to be Managers or Chief Executive Officers include 3 types of documents:

1. Company charter or regulations of the agency, organization, or

2. Business registration certificate or establishment certificate or equivalent legal

3. Resolutions or decisions on appointment by the agency, organization, or enterprise.

(Decree No. 152/2020/NĐ–CP, prior to the amendment: Did not specify these 3 types of documents)

Decree     No.     70/2023/NĐ-CP     has     now extended the requirement to specify these 3 types of documents as proof of being managers or chief executive officers.

9. Application for a New Work Permit for Foreign Workers who are Experts or Technical Workers and have  been Granted a Work Permit and its Extension Once:

For foreign workers who are experts or technical workers and have been granted a work permit and its extension once, but have a need to continue working in the same job position and job title as indicated in the work permit, the application for a new work permit must include the following documents:

1. Work Permit Application Form (Form 11PLI)

2. Health examination certificate

3. Two photos

4. Position approval

5. Certified true copy of passport

6. Relevant documents related to the foreign worker

7. Certified true copy of the previously issued work

(Decree No. 152/2020/NĐ-CP, prior to the amendment: Not specified)

Decree   No.   70/2023/NĐ-CP   has   added provisions regarding the application for a new work permit, including the listed documents, for foreign workers who are experts or technical workers and have been granted a work permit and its extension once, but wish to continue working in the same job position and job title.

10. Cases of Reissuing Work Permits:

In cases where there is a change in one of the following details: name, nationality, passport number, workplace, or a change in the enterprise’s name without changing the enterprise’s identification number as recorded in the  work  permit, the work permit can be reissued if it is still valid.

(Decree No. 152/2020/NĐ–CP, prior to the amendment: Only mentioned changes in name, nationality, passport number, or workplace recorded in the work permit if it is still valid)

Decree No. 70/2023/NĐ–CP has added a new provision, which is “changing the enterprise’s name without changing the enterprise’s identification number as recorded in the work permit if it is still valid,” as a condition for reissuing a work permit.

Source: imglobalvienam.com

 GOVERNMENT

^________

No. 70/2023/ND-CP

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness

^{_______________________}

Hanoi, September 18, 2023

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020 regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam

^____________

Pursuant to the Law on Government Organization dated June 19, 2015; Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Organization of Local Government dated November 22, 2019;

Pursuant to the Labor Code dated November 20, 2019;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Enterprise Law dated June 17, 2020;

At the proposal of the Minister of Labor, War Invalids and Social Affairs;

The Government promulgates a Decree amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020 regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for organizations,  foreign individuals in Vietnam.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020 regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam

1. To amend and supplement a number of points and clauses of Article 3 as follows:

a/ To amend and supplement Point a, Clause 3, Article 3 as follows:

“a) University degree or higher or equivalent and at least 3 years of work experience suitable to the job position that the foreign worker intends to work in Vietnam.”.

b/ To amend and supplement Clause 5, Article 3 as follows:

“5. An executive director is a person who falls into one of the following cases:

a) The head of the branch, representative office or business location of the enterprise.

b) The head and directly administers at least one field of the agency, organization or enterprise and is under the direct direction and administration of the head of the agency, organization or enterprise.”.

c/ To amend and supplement Point a, Clause 6, Article 3 as follows:

“a) Be trained for at least 1 year and have at least 3 years of experience suitable to the job position that the foreign worker intends to work in Vietnam.”.

2. Article 4 is amended and supplemented as follows:

“Article 4. Employing foreign workers

1. Determine the need to employ foreign workers

a) At least 15 days before the expected date of employment of foreign workers, the employer (except the contractor) shall determine the demand for foreign workers for each job position that the Vietnamese employee has not yet met and report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor. War Invalids and Social Affairs where the foreign worker plans to work according to Form No. 01/PLI Annex I promulgated together with this Decree.

In the course of implementation, if the demand for employing foreign workers changes in terms of position, job title, working form, number and location, the employer must report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs according to Form No. 02/PLI Annex I promulgated together with this Decree in advance at least 15 days from the expected date of employment of foreign workers.

b) In the case of foreign workers specified in Clauses 3, 4, 5, 6 and 8, Article 154 of the Labor Code and Clauses 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13 and 14, Article 7 of this Decree, the employer is not required to determine the need to employ foreign workers.

c) From January 1, 2024, the announcement of recruitment of Vietnamese workers to positions expected to recruit foreign workers shall be made on the Portal of the Ministry of Labor, War Invalids and Social Affairs (Employment Department) or the Portal of the Employment Service Center by the Chairman of the provincial People’s Committee, centrally-run cities shall decide to establish themselves within at least 15 days from the expected date of reporting to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work. The content of the recruitment announcement includes: position and job title, job description, number, qualification requirements, experience, salary, time and location of work. After failing to recruit Vietnamese workers to positions recruiting foreign workers, the employer shall determine the need to employ foreign workers as prescribed at Point a, Clause 1 of this Article.

2. The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall approve or disapprove the employment of foreign workers for each job position according to Form No. 03/PLI Appendix I promulgated together with this Decree within 10 working days from the date of receipt of the explanatory report; or report explaining changes in demand for foreign workers.”.

3. Clause 3 of Article 6 is supplemented as follows:

“3. In case a foreign worker works for an employer in many provinces or 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, War Invalids and Social Affairs and the Department of Labor, War Invalids and Social Affairs the association where the foreign worker comes to work according to Form No. 17/PLI Annex I promulgated together with this Decree.”.

4. To amend and supplement a number of clauses of Article 7 as follows:

a/ To amend and supplement Clause 6 of Article 7 as follows:

“6. Being sent to Vietnam by a competent foreign agency or organization to teach or act as a manager or executive director at an educational institution proposed by a foreign diplomatic mission or intergovernmental organization to establish in Vietnam; establishments and organizations established under international treaties to which Vietnam has signed and acceded.”

b/ To amend and supplement Clause 14, Article 7 as follows:

“14. To be certified by the Ministry of Education and Training of foreign workers to enter Vietnam to perform the following jobs:

a/ Teaching and research;

b/ To act as managers, managing directors, principals and vice principals of educational institutions proposed to be established in Vietnam by foreign diplomatic missions or intergovernmental organizations.”.

5. To amend and supplement a number of points and clauses of Article 9 as follows:

a/ To amend and supplement Clause 1, Article 9 as follows:

“1. A written application for a work permit by the employer according to Form No. 11/PLI Appendix I promulgated together with this Decree. In case a foreign worker works for one employer at more than one location, the written application for a work permit must list all working locations.”

b/ To amend and supplement Points a and b, Clause 4, Article 9 as follows:

“a) Documents proving that the manager or executive director as prescribed in Clauses 4 and 5, Article 3 of this Decree include the following 3 types of papers:

– The company’s charter or operation regulations of agencies, organizations or enterprises;

– Certificate of enterprise registration or certificate of establishment or establishment decision or other document of equivalent legal validity;

– Resolutions or decisions on appointment of agencies, organizations or enterprises.

b) Papers proving technical experts and laborers as prescribed in Clauses 3 and 6, Article 3 of this Decree include the following 2 types of papers:

– Diplomas or certificates or certificates;

– Written certification of the overseas agency, organization or enterprise on the number of years of experience of experts, technical workers or work permits that have been granted or confirmed not to be eligible for the granted work permit.”.

c/ To amend and supplement the name of Clause 8, Article 9 as follows:

“8. Documents related to foreign workers, except for the case of foreign workers specified at Point a, Clause 1, Article 2 of this Decree.”.

d/ To amend and supplement Point e, Clause 8, Article 9 as follows:

“e) For foreign workers working as prescribed at Point i, Clause 1, Article 2 of this Decree, there must be a document from the foreign agency, organization or enterprise sending the foreign worker to work in Vietnam and suitable to the expected job position or documents proving that they are managers as prescribed in Clause 4 Article 3 of this Decree.”.

đ) Point c, Clause 9, Article 9 is supplemented as follows:

“c) For foreign workers who are experts or technical workers who have been granted a work permit and have been extended once but wish to continue working with the same job position and job title stated in the work permit, the dossier of application for a new work permit shall include the documents specified in Clause 1,  2, 5, 6, 7, 8 of this Article and a copy of the work permit issued.”.

6. Clause 2 of Article 11 is amended and supplemented as follows:

“2. Within 05 working days after receiving a complete application for a work permit, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker intends to work shall issue a work permit to the foreign worker according to Form No. 12/PLI Appendix I promulgated together with the Decree this determination. In case of refusal to issue a work permit, a written reply clearly stating the reason shall be given.

The work permit is A4 size (21 cm x 29.7 cm), consisting of 2 pages: page 1 is blue; Page 2 has a white background, blue pattern, in the middle in the shape of a star. Work permits are coded as follows: codes of provinces and centrally-run cities and codes of the Ministry of Labor, War Invalids and Social Affairs according to Form No. 16/PLI Appendix I promulgated together with this Decree; last 2 digits of the year of issuance of the license; type of license (new symbol 1; renewal of symbol 2; re-issuance of symbol 3); sequence number (from 000.001).

In case the work permit is electronic, it must comply with relevant laws and meet the contents according to Form No. 12/PLI Annex I promulgated together with this Decree.”.

7. Clause 3 of Article 12 is amended and supplemented as follows:

“3. Change one of the following contents: full name, nationality, passport number, working location, change of enterprise name without changing the enterprise code stated in the valid work permit.”.

8. Clause 7 of Article 17 is amended and supplemented as follows:

“One of the documents specified in Clause 8, Article 9 of this Decree proves that the foreign worker continues to work for the employer according to the content of the granted work permit, unless the foreign worker works as prescribed at Point a, Clause 1, Article 2 of this Decree.”.

9. Point b, Clause 1, Article 22 is amended and supplemented as follows:

“b) Organizations that are decentralized, delegated, assigned, ordered or tendered by provincial-level People’s Committees.”.

10. Point b, Clause 4, Article 27 is amended and supplemented as follows:

“b) Organizations that are decentralized, authorized, assigned, ordered or bid by provincial-level People’s Committees to recruit and manage Vietnamese laborers working for foreign organizations and individuals shall report to the Department of Labor, War Invalids and Social Affairs.”.

11. To amend and supplement a number of points and clauses of Article 30 as follows:

a/ To amend and supplement Point a, Clause 1, Article 30 as follows:

“a) Implement the approval of the demand for employing foreign workers; confirmation of not being eligible for a work permit; issuance, re-issuance, extension and revocation of work permits for foreign workers in one of the following cases:

Working for the employer specified at Point g, Clause 2, Article 2 and the employer specified at Points c, d, e, Clause 2, Article 2 of this Decree are permitted by the Government, the Prime Minister, ministries, ministerial-level agencies and agencies attached to the Government;

Working for an employer in many provinces and centrally-run cities.”.

b/ To amend and supplement Point c, Clause 1, Article 30 as follows:

“c) Perform the unified state management of recruitment and management of foreign workers working in Vietnam from central to local levels and manage Vietnamese working for foreign organizations and individuals in Vietnam.”.

c/ To amend and supplement Clause 3, Article 30 as follows:

“3. Responsibilities of the Ministry of Defence:

a/ To coordinate with competent agencies in charge of foreign workers and Vietnamese laborers working for foreign organizations and individuals in Vietnam in complying with the provisions of law on ensuring security and order in strategic areas,  key and weak areas for national defense.

b/ To direct the Border Guards to coordinate with functional forces in managing and inspecting Vietnamese laborers working for foreign organizations and individuals in Vietnam and foreign workers working in border areas, border gates, islands and maritime areas in order to firmly protect territorial sovereignty,  security, national borders of the Fatherland.”

d/ To amend and supplement Point a, Clause 4, Article 30 as follows:

“a) Monthly provide information on foreign workers granted visas with symbols including: DN1, DN2, LV1, LV2, LĐ1, LĐ2, DT1, DT2, DT3, DT4 to work for agencies, organizations and enterprises to the Ministry of Labor, War Invalids and Social Affairs;”.

dd) To amend and supplement Point a, Clause 6, Article 30 as follows:

“a) Implement the approval of the demand for employing foreign workers; confirmation of not being eligible for a work permit; issuance, re-issuance, extension and revocation of work permits for foreign workers in one of the following cases:

Working for the employer specified at Points a, b, h, i, k, l, Clause 2, Article 2 and the agencies and organizations specified at Points c, d, e, Clause 2, Article 2 of this Decree by provincial-level People’s Committees, specialized agencies affiliated to provincial-level People’s Committees,  District-level People’s Committees shall be established;

Working for employers at multiple locations in the same province or centrally-run city.”.

12. To amend and supplement a number of templates as follows:

a) Amending Form No. 01/PLI; Form No. 02/PLI; Form No. 07/PLI; Form No. 08/PLI Annex I promulgated together with Decree No. 152/2020/ND-CP into Form No. 01/PLI; Form No. 02/PLI; Form No. 07/PLI; Form No. 08/PLI Appendix promulgated together with this Decree;

b) Add Form No. 16/PLI and Form No. 17/PL1 to Appendix I promulgated together with Decree No. 152/2020/ND-CP.

13. Substituting or supplementing a number of words and phrases at the following points, clauses, articles and appendices:

a) To replace the phrase “Chairman of the provincial-level People’s Committee” in Clause 1, Article 5 with the phrase “Department of Labor, War Invalids and Social Affairs”; Replace the phrase “The Chairman of the People’s Committee of the province shall direct” with the phrase “proposed by the Department of Labor, War Invalids and Social Affairs” in Clause 2, Article 5;

b) To replace the phrase “Clauses 4, 6 and 8 of Article 154″ with the phrase “Clauses 4 and 6 of Article 154″ and the phrase “3 days” with the phrase “3 working days” in Clause 2, Article 8;

c) Replace the phrase “translated into Vietnamese and certified” with the phrase “translated into Vietnamese and notarized or authenticated” at Point e, Clause 3, Article 8;

d) Replace the phrase “translated into Vietnamese and authenticated” with the phrase “translated into Vietnamese and notarized or authenticated” in Clause 10, Article 9 and Clause 4, Article 23;

dd) Replace the phrase “Papers specified in Clauses 3 and 4 of this Article” with the phrase “Papers specified in Clause 3 of this Article” in Clause 5, Article 13;

e) Replace the phrase “translated into Vietnamese” with the phrase “translated into Vietnamese and notarized or authenticated” in Clause 5, Article 13 and Clause 8, Article 17;

g) Replace the phrase “Certified copy of passport” with the phrase “Certified copy of passport or copy of passport certified by the employer” at Point d, Clause 3, Article 8; Clause 7 of Article 9 and Clause 5 of Article 17;

h) Replace the phrase “20. Salary:….VND” with the phrase “20. Average salary / month: …. million VND” in Form No. 11/PLI Appendix I promulgated together with Decree No. 152/2020/ND-CP;

i) Replace the phrase “People’s Committee of the province/city….” with the phrase “Department of Labor, War Invalids and Social Affairs…” in Form No. 03/PLI Appendix I promulgated together with Decree No. 152/2020/ND-CP;

k) Replace the phrase “Director/Chairman of the provincial People’s Committee” with the phrase “Director/Director”, the phrase “At the request in the digital document” to the phrase “At the request and the contents of information provided in the digital document” in Form No. 03/PLI Appendix I promulgated together with Decree No. 152/2020/ND-CP;

l) Replace the phrase “Chairman of the People’s Committee of the province/city…” with the phrase “Department of Labor, War Invalids and Social Affairs….” in Form No. 04/PLI, Form No. 05/PLI, Form No. 06/PLI Annex I promulgated together with Decree No. 152/2020/ND-CP;

m) Replace the phrase “TM. People’s Committee of the province, city …/Chairman” with the phrase “Director” in Form No. 06/PLI Appendix I promulgated together with Decree No. 152/2020/ND-CP.

n) Add the phrase “(Enterprise/organization) please assure that the above information is true. If wrong, (enterprise/organization) please take full responsibility before the law” after Section 24 of Form No. 09/PLI Annex I issued together with Decree No. 152/2020/ND-CP.

o) Add the phrase “Immigration Department (Ministry of Public Security)” in the section “Recipient” Form No. 13/PLI Appendix I promulgated together with Decree No. 152/2020/ND-CP.

14. The following points and clauses are repealed:

a/ To annul Clause 4, Article 13;

b/ To annul Points c, d and dd, Clause 5 and g, Clause 6, Article 30;

c/ Abolition of Point a, Clause 6a, Article 30 of the Government’s amended Decree No. 152/2020/ND-CP dated December 30, 2020 regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam, supplemented in the Government’s Decree No. 35/2022/ND-CP dated May 28, 5, 2022 regulating the management of industrial parks and economic zones.

Article 2. Abolition of a number of provisions of the Government’s Decree No. 35/2022/ND-CP dated May 28, 5, 2022 regulating the management of industrial parks and economic zones

1. To annul the opening paragraph “Issuance, re-issuance, extension and revocation of work permits and certification of foreign workers not eligible for work permits for foreigners working in industrial parks or economic zones” and the phrase “receipt of reports on the employment of foreign workers” at Point dd, Clause 2, Article 68.

2. To abolish the paragraph “receiving explanatory reports of enterprises in industrial parks or economic zones on the demand for employing foreigners for each job position that Vietnamese have not yet met” at Point c, Clause 3, Article 68.

Article 3. Enforcement Terms

1. This Decree takes effect from September 18, 2023.

2. Transitional Terms:

For the report explaining the need to employ foreign workers, the dossier of request for confirmation is not eligible for work permit issuance; granting, re-issuing and extending work permits submitted by foreign employers to the Ministry of Labor, War Invalids and Social Affairs, provincial-level People’s Committees, Departments of Labor, War Invalids and Social Affairs, Management Boards of industrial parks, economic zones and hi-tech parks before the effective date of this Decree, shall apply according to the provisions of Decree No. 152/2020/ND-CP dated December 30, 12 of the Government regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam and Decree No. 35/2022/ND-CP dated May 28, 5 of the Government regulating the management of industrial parks and economic zones.

This Decree regulates foreign employees working in Vietnam as well as the recruitment and management of Vietnamese working for foreign organisations and individuals in Vietnam following the provisions of the revised Labour Code. It specifically deals with the conditions and procedures for issuance, re-issuance and extension, withdrawal of work permit and confirmation letter in cases where foreign employees are exempted from having a work permit under Article 157 of the Labour Code and under Clauses 1, 2 and 9 of Article 154 of the Labour Code. It also covers the recruitment and management of Vietnamese employees working for foreign organisations and individuals under Clause 3, Article 150 of the Labour Code.

Vietnam-legal.com would like to give some of the key highlights of Decree 152.

I. Conditions to determine internal transfer, expert and technical worker

Work permits are issued to foreign individuals meeting the requirements for expert, manager, executive or technical worker. Article 3 of Decree 152 includes additional criterion to qualify as an internal transfer, expert and technical worker.

1. Internal transfer: Amongst other conditions, a foreign employee must be employed by the foreign enterprise at least 12 consecutive months prior to the transfer date (the employment period required previously is only 12 months).

2. Expert:

Under Decree 152, a foreign employee can no longer be certified as an expert by a foreign agency or organisation for the purpose of working in Vietnam. Experts will now be determined solely by years of working experience and qualifications. The following must be satisfied for certification as an expert:

a. An individual holding a bachelor’s degree or equivalent and has at least 3 years’ experience in their field corresponding with the job position/job assignment that they will be appointed in Vietnam; or

b. Has at least 5 years’ experience and a practicing certificate in corresponding with the job position that they will be appointed in Vietnam; or

c. Falls under a special case subject to the decision of the Prime Minister according to a request from the Ministry of Labour, War Invalids and Social Affairs (MoLISA).

This is different from Decree 11 where a document from a foreign organisation, enterprise or agency stating that the person was an expert would be sufficient. Moreover, the required corresponding experience has increased from 3 to 5 years and a practicing certificate is required.

3. Technical worker:

Decree 152 introduces an additional opportunity for certification as a technical worker. Prior to Decree 152, a person could be considered a technical worker only by demonstrating at least 1 year of relevant training and three years working in the field. Decree 152 now adds an additional consideration as follows:

a. An individual that has been trained in a technical field or another major for at least 1 year and has worked for at least 3 years in their trained field; or

b. Has at least 5 years’ experience corresponding with the job position that they will be appointed in Vietnam.

Note that the criterion under b did not exist in Decree 11.

II. Adjusting and supplementing the cases where approvals of demand for recruiting foreign employees are not required

1. The head of the representative office, project or a person otherwise taking main responsibility for the operation of international organization or foreign no-governmental organization in Vietnam

2. The foreign employee is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion Vietnam Dong

3. The foreign employee is the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion Vietnam Dong

4. Entering Vietnam to work at the position of a manager, executive director, expert or technical employee for a working time of less than 30 days and not more than 3 times a year

5. Entering Vietnam to implement international agreements signed by agencies or organizations at the central or provincial level in accordance with the law

6. Relatives of members of a foreign representative agency in  Vietnam who are permitted to work according to an international treaty of which Vietnam is a member

7. A person having a service/ official passport working for a State agency, political organization or a socio-political organization

8. A person in charge of setting up the commercial presence of an organization in Vietnam;

III. Adjusting and supplementing some cases which will be exempted from requiring a work permit

1. Foreigners married to Vietnamese citizens and living in Vietnam;

2. Owners or shareholding members of limited liability companies with a capital contribution of VND 3 billion or more;

3. Chairpersons or members of the Board of Directors of joint-stock companies with a capital contribution of VND 3 billion or more;

 4. Foreign experts, managers, CEOs, and skilled workers going to work in Vietnam for less than 30 days per trip and no more than three trips per year;

5. Foreigners coming to Vietnam to set up a commercial presence of a foreign entity in Vietnam.

6. He/she is certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purpose.

In which, 4 cases at number 1, 2, 3, 4 are not required to obtain either Work Permit or Certificate of Work Permit Exemption, but their employers must inform competent authorities of foreign employees at least 03 days prior to such employees’ starting date.

IV. Reduction in special cases of issuance work permit

Decree 152 mentions about 2 special cases of issuance work permit instead of 4 cases according to Decree 11/2016/NĐ-CP:

1. A foreign worker who has been issued with a work permit which remains valid wishes to work for another employer at the same job position and job title in the work permit

2. A foreign worker who has been issued with a work permit which remains valid wishes to work for the same employer but at another job position or job title or working form in the work permit

V. Duration of Work Permit or Certificate of Work Permit Exemption

Decree 152 confirms that work permit and Certificate of Work Permit Exemption are still valid for 2 years in maximum and allowed to be renewed once time with a maximum term of 2 years. After that, the employer shall have to apply for a new WP for the foreign employee.

VI. Changing the application for the issuance, re-issuance, and renewal of work permits / certification of Work Permit Exemption

Changing in the application forms:

1. Application form using for new issuance, re-issuance and renewal of work permits now is form No. 11/PLI instead of Form No. 7 according to Circular 40/2016/TT-BLĐTBXH

2. Application form for explanation/ change in foreign labor demand is form No. 01/ PLI or form No.2/PLI instead of form 1 and form 2 according to Circular 18/2018/TT-BLĐTBXH

3. Application form for Certificate of Work Permit Exemption is form No. 9/PLI instead of form 5 according to Circular 18/2018/TT-BLĐTBXH

To get more specific support and guidance in issuance, re-issuance and renewal of Work Permit or Certificate of work permit exemption, please feel free to contact Vietnam-legal.com.

+ Are foreign labors eligible to apply for Vietnam Work Permit?

+ Are their documents issued in foreign countries suitable for their job position and legal to use in Vietnam?

+ Who are exempted from Vietnam Work Permit?

+ How to apply for Vietnam Work Permit or Work Permit Exemption Certificate?

Please feel free to contact Vietnam-legal.com for your specific support:

1. Evaluating documents to make sure that they are eligible to get Work Permit suitable with each position

2. Checking documents if they are legal and eligible to use in Vietnam

3. Giving procedure to get consular legalization for all documents issued in foreign countries

4. Consulting for cases of Work Permit Exemption and procedure to obtain Work Permit Exemption

5. Supporting and consulting for cases of Expired Work Permit

Vietnam-legal.com is ready to consult and support all nationals working in Hanoi, Hai Phong, Hai Duong, Hung Yen, Vinh Phuc, Thai Nguyen, Ho Chi Minh city, Vung Tau, etc.

If you need more information and assistance, please kindly contact Vietnam-legal.com.

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