On September 18, 2023, the Government of Vietnam issued Decree No. 70/2023/ND-CP, which came into effect on the same day, prescribing certain changes to the work permit process in Vietnam.
At a glance, the key points to note in Decree 70 are as follows:
1. Recruitment posts have to be published on a Government Website starting from 01st January 2024
From 1 January 2024, the employer is required to publish a recruitment post on an Electronic Information Portal operated by the Department of Employment (DOE) or the Electronic Information Portal of the provincial Employment Center. This post is required to be published at least 15 days before the day of the foreign employment usage application to be submitted for the respective position.
This indicates the favorable intention that Vietnam authority lies on the local labor force over the foreigners.
2. Simplify the requirement of supporting professional documents
There are some adjustments to the terminology to relax the conditions and requirements of the Expert, Executive director, and Technical worker which impact the work visa application process.
An expert is now defined as a person who
- Graduated from university or equivalent AND have a least 3 years of experience suitable to the job position that the foreign worker intends to work in Vietnam; OR
- Has a minimum of 5 years experience AND has a certificate confirming appropriate to the job position they intend to undertake.
An Executive Director is now subject to the following requirements:
- “The head of the branch, representative office, or business location of the enterprise.” OR
- “The head and directly administers at least one field of the entity and is under the direct direction and administration of the head of such entity.”
A Technical Worker is a person who falls under one of the following categories
- Obtained at least one year of professional training, and has a least 03 years of appropriate experience to the applied postion; OR
- Has at least 05 years of work experience related to the job position they plan to undertake
3. Foreign workers married to the Vietnamese citizen
As of 18 September 2023, it appears that the employer must obtain a work permit exemption for the foreign employee who is married to a Vietnamese citizen (living in Vietnam).
Before 18 September, only a foreign employment usage approval is required for the employment case of a foreign worker married to a Vietnamese citizen. However, as of 18 September, the approval above is no longer required but the work permit exemption application is. Accordingly, the employer must submit the dossier to apply for a work permit exemption in this case.
We see it would affect many foreigners by such change. As a matter of practice, the application for work permit exemption would cost time and money as much as a work permit. Regardless of the visa issue, the foreign worker, from now forward, might consider if work permit exemption is an option to prevail over the work permit.
Read more: Navigating the Complexities of Obtaining a Working Permit in Vietnam
Read more: How To Register A Limited Liability Company In Vietnam A Quick Guide
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