Legal document newsletter week 23/09/2023

On September 18, 2023, the Government of Vietnam issued Decree 70/2023/ND-CP (“Decree 70”) amending Decree 152/2020/ND-CP (“Decree 152”) stipulating who foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam. This Decree takes effect from September 18, 2023. Notable updates of Decree 70 include: 

1. Change the agency that issues approval documents for the use of foreign workers 

According to Decree 70, the authority to approve the employment of foreign workers is as follows: 

The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall issue a written approval or disapproval of the employment of foreign workers for each job position according to Form No. 03/PLI. Appendix I issued with Decree 70 within 10 working days from the date of receiving the explanation report or the explanation report on changes in the need to use foreign workers. 

(Previously, the authority to approve or disapprove the employment of foreign workers belonged to the Ministry of Labor, War Invalids and Social Affairs or the Provincial People’s Committee.) 

2. Changes in reporting time to explain the need to employ foreign workers 

Compared to Decree 152, Decree 70 has shortened the reporting and explanation time to at least 15 days from the expected date of employing foreign workers . 

At the same time, 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, and location, it must be reported at least 15 days in advance from the date of implementation. Expected date of employing foreign workers. 

(Previously it was at least 30 days from the expected date of employing the foreign worker.) 

3. Changes in cases of reissuance of work permits 

Compared to the provisions in Article 12 of Decree 152, the third case of reissuing a work permit is amended and supplemented when one of the following contents is changed: full name, nationality, passport number. , work location, change the business name without changing the business code recorded in the valid work permit. 

(Previously, it was to simultaneously change the contents of full name, nationality, passport number, and work location listed in the valid work permit.)