Extension For Applying Work Permit
Decision 70/2023/NĐ-CP, valid since 18/09/2023, has recorded many changes regarding foreign labor management (especially work permits)
Relevant documents:
- Decision 70/2023/NĐ-CP amending Decision 152/2023/NĐ-CP regarding foreign labor working at Viet Nam and recruiting, managing Vietnamese labor working for organizations, foreign individuals at Viet Nam
Changes compared to old regulations:
- Requirement for foreign employees working as experts: change from “having a college degree upward” to “graduating from university upward.” Obviously, the training major must be relevant to the job vacancy that they are expected to do in Vietnam.
- More extension for “Executive Director”
- The head of headquarters, representative offices, or business unit
- The head of or directly manages at least one area of the company, organization, or enterprise and is subject to direct management of the head of the company, organization, or enterprise. In the past, the Executive director must be the head and directly manage one unit
- Changes regarding technical workers only require Employees to have at least 1 year of training and at least 3 working experience relevant to the job position that the Employee expected to work at Viet Nam (in the past, Employee must have at least 03 working years relevant to the training field)
- Regarding determining the demand for using foreign labor:
- The decision expands 5 more situations that do not need to determine the demand for foreign employees:
- Has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers
- The foreigner is married to a Vietnamese and is currently residing in Vietnam territory
- Comes into Vietnam to provide consulting services regarding technician and professional fields or performing other tasks for research, construction, evaluation, supervision, management, and conducting projects, and programs utilizing official development assistant (ODA) in compliance with regulations or arrangements in the multinational treaty that has been signed by the competent authority of Vietnam and other countries
- Granted permission from the Ministry of Foreign Affairs to conduct press and information activity in Vietnam
- Volunteer work in Vietnam via volunteer status and do not receive salary follow the multinational treaty that Vietnam is a member and has certification from diplomatic offices or international organizations in Vietnam
- The timeline for applying to determine demands for foreign laborers has also been shortened from 30 days prior to the day using foreign laborers to 15 days
- However, starting from 01/01/2024, Enterprise must publish the recruitment of vacancies that are expected to recruit foreign employees to recruit Vietnamese employees in the Country Data Portal of the Department of Employment or the portal of the Employment Services Center. Only after the Employer cannot recruit a Vietnamese Employee to the published position enterprise is the enterprise allowed to ask for determining of foreign labor demands, Electronic information portal of the Employment Service Center…
- The decision expands 5 more situations that do not need to determine the demand for foreign employees:
- Changes about foreign labor report: In case foreign laborers work for enterprises in different central provinces and cities, then within 3 days from their first working day, an employer must notify through the digital portal of the Department of Labor War Invalids and Social Affairs and the Ministry of Labor War Invalids and Social Affairs where foreign labor is working (follow sample 17/PLI Appendix I issued attached to Decision 70/2023/ND-CP)
- Adjustment to individuals who are not qualified to receive work permits in the education field:
- The individual who is assigned by authorized international organizations or company to Vietnam to research the global market is not eligible for a Work Permit; instead, a Manager or executive director at headquarter founded by diplomatic representative offices or intergovernmental organization in Vietnam.
- Individuals or groups of people determined by the Department of Education and Training to come into Vietnam as managers, executive directors, principals, or vice principals of education institutions founded by diplomatic representative offices or intergovernmental in Vietnam
- More clarification for a document proving eligibility of foreign labor, specifically:
- For Manager, executive member:
- Company regulation or operating policy of organization, company, enterprise;
- Business registration certificate or registration decision or document with the same legal value;
- Assignment decision of organization, company, enterprise;
- For experts, technician worker:
- Certificate or documents or verification letter;
- Verification documents from foreign organizations, companies, and enterprises about experience years of experts, technician workers or issued work permits or verification not eligible for issued work permit
- For Manager, executive member:
- Adjustment: Foreign labor is defined as experts. The technician worker has been granted a work permit and has been extended once but still request the same job position with the same title written in the work permit: New work permit do not require legal clearance and eligibility verification of the Employee, but a copy of issued work permit is required.
- One more case for Renewing a Work Permit is changing the enterprise name without changing the business code written in the valid Work permit
- Changes to notification time to Ministry/Department of Labor War invalids and social affairs regarding employee information (in case of procedure for verification, do not need to apply for a work permit) từ from “at least 3 days” to “at least 3 working days counted from the estimated time foreign labor begin to work in Viet Nam.
- Adjustment to application:
- Change from “translate to Vietnamese and has endorsed” to:” translate to Vietnamese and has notarized or endorsed”
- Change from “Copy of passport with endorsed” to “Copy of endorsed passport or copy of passport with employee verification.”
- The decision also issues many new forms in applying for the Work permit