On September 18, 2023, the Government issued Decree No. 70/2023/NĐ-CP, amending Decree No. 152/2020/NĐ-CP on foreign employees working in Vietnam.
Key highlights of Decree 70/2023 include:
1. Change in the Authority for Issuing Approval on the Use of Foreign Employees
Approval for employing foreign workers is now under the authority of:
The Ministry of Labour – Invalids and Social Affairs or the Department of Labour – Invalids and Social Affairs, which will issue an approval or non-approval letter for each job position using Form No. 03/PLI of Appendix I attached to Decree 70/2023/NĐ-CP.
This decision must be made within 10 working days from the receipt of the explanatory report or report on changes in the demand for foreign labor. (Clause 2, Article 1)
(Previously, this authority was held by the Ministry of Labour – Invalids and Social Affairs or the Provincial People’s Committees.)
2. Shortened Reporting Timeline for Foreign Labor Demand
Compared to Decree 152/2020/NĐ-CP, Decree 70/2023/NĐ-CP shortens the timeline for submitting a report on the demand for foreign labor to at least 15 days before the expected start date of employment. (Clause 2, Article 1)
In addition, if there are changes in the demand for foreign workers (regarding job title, position, working method, quantity, or location), such changes must be reported at least 15 days in advance of the new expected start date.
(Previously, this advance notice was required to be at least 30 days.)
Effective Date: Decree No. 70/2023/NĐ-CP takes effect from September 18, 2023.
