Decree 70/2023/ND-CP, effective from September 18, 2023, has amended many contents of Decree 152/2020/ND-CP on employment management of foreigners in Vietnam. There are many amendments related to work permits for foreigners. Viet An Law will update the new points of Decree 70/2023/ND-CP related to Work Permits in the following article.
In cases where foreign workers are not subject to a work permit
Article 7 of the Decree 70/2023/ND-CP amended one of the cases exempted from work permits “Be sent to Vietnam by a competent foreign agency or organization to teach or work as a manager or executive director at an educational institution requested by a foreign diplomatic representative agency or intergovernmental organization established in Vietnam; establishments and organizations established under international treaties that Vietnam has signed and participated in”.
Accordingly, compared to the old decree, the new decree has added the case of being sent to ” work as a manager or executive director at an educational institution requested by a foreign diplomatic representative agency or intergovernmental organization established in Vietnam” instead of the case of doing “research at international schools under the management of foreign diplomatic missions apart or the United Nations”.
In addition to cases where the Ministry of Education and Training confirms foreign workers entering Vietnam to teach and research as prescribed in Article 7.14 of Decree 152/2020/ND-CP, the new decree also adds cases for the purpose of performing: “work as a manager or executive director at an educational institution requested by a foreign diplomatic representative agency or intergovernmental organization established in Vietnam”, which is aligned with the above-amended regulation.
To be more clear about the deadline in exceptional cases, foreign employers can proceed with notification procedures to the Department of Labor – Invalids and Social Affairs instead of asking for confirmation, the new decree has replaced the word “3 days” in the old decree becomes “3 working days” to be consistent with current administrative documents. This regulation will apply to foreigners:
Accordingly, the above exception regulation also eliminates the case specified in Article 154.8 of the Labor Code, i.e. the case of a foreigner marrying a Vietnamese and living in Vietnamese territory, if he becomes a foreign worker, shall carry out procedures to confirm that foreign workers are not subject to a work permit at least 10 days in advance from the date the foreign worker starts working.
In the employer’s written request for a work permit according to Form No. 11/PLI, Appendix I issued with Decree 152/2020/ND-CP, Decree 70/2023/ND-CP also stipulates The decision adds that “in case a foreign worker works for an employer in multiple locations, the work permit application must fully list the work locations”. This regulation helps make the management of foreign workers in Vietnam more transparent, facilitating the review and inspection of tax obligations of foreign individuals in Vietnam.
To specify what documents prove to be a manager or executive director, Decree 70/2023/ND-CP has clearly specified the following 3 types of documents:
As for documents proving experts and technical workers, the new decree also adds alternative documents (shown in the regulations in italics and underlines) and clearly includes the following two types of documents:
In case the employee comes to work in Vietnam under the form of a labor contract, the application for a work permit clearly emphasizes that it is not necessary to include documents related to the employee such as documents. Letter of appointment to work, service provision contract as in other cases.
For foreign workers working in Vietnam as managers, executives, experts, and technical workers, the foreign organization’s appointment document can be replaced with documents proving that they are the enterprise manager according to the provisions of the Vietnam Enterprise Law or the head or deputy head of the agency or organization.
Supplementing licensing documents in new special cases for foreign workers who are experts and technical workers who have been granted a work permit and have had it extended once but wish to continue working. with the same job position and job title stated in the work permit. Accordingly, the application for a new work permit does not need to include a criminal record card or documents proving the position but must be supplemented with a copy of the issued work permit.
Decree 70/2023/ND-CP has supplemented regulations on the form of work permits issued in Article 11.2 of previous Decree 152. Accordingly, in addition to stipulating the form attached to Appendix 1 of Decree 152, the license also needs to ensure:
The new Decree has added the case of “changing content related to changing the business name without changing the business code recorded in the valid work permit is a case of re-issuance of the work permit”.
However, it can be seen that this is an unreasonable regulation, because in fact information about the business code is not displayed on the work permit, so there is no basis to verify whether changing the business name will work. Change the business code. In this case, it can be understood that if the business name displayed on the work permit is changed, the employee must apply for a new work permit, if the permit is still valid.
The application for re-issuance also omitted a document component that was considered unreasonable in practice, which is “a document approving the need to employ foreign workers except in cases where the need is not determined.” Employing foreign workers”.
Previously, the Industrial Park Management Board also had the authority to ” Issue, re-issue, extend, revoke Work Permits and confirm that foreign workers are not subject to work permits for foreigners to work in industrial parks and economic zones” according to Article 6a of Decree 152/2020/ND-CP amended by Decree 35/2022/ND-CP. However, Decree 70/2023/ND-CP abolished this authority and concentrated the licensing focal point on the Ministry or Department of Labor – Invalids and Social Affairs where foreign workers are expected to work
Above are some updated contents about the new Decree 70/2023/ND-CP related to Work Permits compiled by Viet An Law. If you need to renew, re-issue, or extend a Work Permit or related procedures, please contact Viet An Law for the best support.
#3rd Floor, 125 Hoang Ngan, Hoang Ngan Plaza, Trung Hoa, Cau Giay, Hanoi, Vietnam