Decree No. 70/2023/ND-CP Amending and supplementing some articles of Decree No. 152/2020/NĐ-CP dated December 30, 2020 of the Government on foreign workers working in Vietnam and the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam

DECREE

Amending and supplementing supplemented some articles of Decree No. 152/2020/NĐ-CP dated December 30, 2020 30 the 12 year 2020 of the Government NO. on foreign workers 3. To urge, inspect the implementation, working in Vietnam Male and recruitment, management of Vietnamese workers 3. To urge, inspect the implementation, working for foreign organizations Male b) Simplified form of allocation: for and individuals in Vietnam Male

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Pursuant to the Law on Government Organization dated 19 the 6 year 2015; Law amending and supplementing supplemented some articles of the Government Organization Law and the Local Administration Organization Law on the day 22 the 11 year 2019;

Pursuant to the Maritime Code of Vietnam SOCIAL of operation day 20 the 11 year 2019;

On the basis of the Investment Law dated 17 the 6 year 2020;

Pursuant to the Law Enterprises receiving State support for trade promotion expenses must ensure that the funds are used economically and effectively and bear responsibility for the content of the expenditures according to current regulations; of business day 17 the 6 year 2020;

the Director at the proposal of the Minister of SOCIAL động - AFFAIRS SECTOR of Labor, Invalids, and Social Affairs;

Government VIOLATION promulgating this Decree to amend and supplement supplemented some articles of Decree No. 152/2020/NĐ-CP dated December 30, 2020 30 the 12 year 2020 of the Government NO. on foreign workers 3. To urge, inspect the implementation, working in Vietnam Male and recruitment, management of Vietnamese workers 3. To urge, inspect the implementation, working for foreign organizations Male b) Simplified form of allocation: for and individuals in Vietnam South.

Article 1. Amending and supplementing some articles of Decree No. 152/2020/NĐ-CP dated December 30, 2020 of the Government stipulating on foreign workers working in Vietnam and recruitment, management of Vietnamese workers working for foreign organizations and individuals in Vietnam

1. Amending and supplementing certain Points and Clauses of Article 3 as follows:

a) Amending and supplementing point a Clause 3 Article 3 as follows:

"a) Graduated from university or equivalent and having at least three years of work experience relevant to the position the foreign worker is expected to work in Vietnam."

b) Amending and supplementing Clause 5 Article 3 as follows:

"5. The General Manager shall be one of the following cases:

a) The head of a branch, representative office or business location of a company.

b) The head and directly managing at least one field of an agency, organization, company and subject to direct management and direction by the head of the agency, organization, company."

c) Amending and supplementing point a Clause 6 Article 3 as follows:

"a) Having been trained for at least one year and having at least three years of work experience relevant to the position the foreign worker is expected to work in Vietnam."

2. Amending and supplementing Clause 4 as follows:

Article 4. Using foreign workers

1. Determining the need to use foreign workers

a) At least fifteen days before the date of using foreign workers, the employer (excluding contractors) has the responsibility to determine the need to use foreign workers for each job position that Vietnamese workers cannot meet and report and explain to the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs where the foreign worker is expected to work according to Model No. 01/PLI Appendix I issued together with this Decree.

During the implementation process, if there is a change in the need to use foreign workers regarding job positions, job titles, work forms, quantity, location, the employer must report to the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs according to Model No. 02/PLI Appendix I issued together with this Decree at least fifteen days before the date of using foreign workers.

b) In case of foreign workers specified in Clauses 3, 4, 5, 6 and 8 Article 154 of the Labor Code and Clauses 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13 and 14 Article 7 of this Decree, the employer does not have to implement the determination of the need to use foreign workers.

c) From January 1, 2024, the announcement of recruitment of Vietnamese workers into job positions planned to recruit foreign workers will be carried out on the electronic portal of the Ministry of Labor - Invalids and Social Affairs (Employment Service Center) or the electronic portal of the Employment Service Center established by the People's Committee Chairman of the province or centrally governed city decided to establish within at least fifteen days from the date of reporting and explaining to the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs where the foreign worker is expected to work. The content of the recruitment announcement includes: job position and job title, job description, quantity, requirements for qualifications, experience, salary, working time and location. After failing to recruit Vietnamese workers into the job positions planned to recruit foreign workers, the employer is responsible for determining the need to use foreign workers according to the provisions of point a Clause 1 of this Article.

2. The Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs shall issue a written approval or disapproval regarding the use of foreign workers for each job position according to Model No. 03/PLI Appendix I issued together with this Decree within ten working days from the date of receiving the report and explanation or the report and explanation of changes in the need to use foreign workers.

3. Supplementing Clause 3 Article 6 as follows:

"3. In case a foreign worker works for an employer in many provinces and centrally governed cities, within three working days from the date the foreign worker starts working, the employer must report through the electronic environment to the Ministry of Labor - Invalids and Social Affairs and the Department of Labor - Invalids and Social Affairs where the foreign worker is working according to Model No. 17/PLI Appendix I issued together with this Decree."

4. Amending and supplementing some clauses of Article 7 as follows:

a) Amending and supplementing Clause 6 of Article 7 as follows:

"6. Being sent by competent authorities of foreign countries to Vietnam to teach or manage as a director at educational institutions established in Vietnam upon request of diplomatic missions of foreign countries or intergovernmental organizations; institutions and organizations established under international treaties to which Vietnam is a party."

b) Amending and supplementing Clause 14 Article 7 as follows:

"14. Being confirmed by the Ministry of Education and Training to enter Vietnam to perform the following tasks:

a) Teaching, researching;

b) Managing, directing as a director, principal, vice-principal of educational institutions established in Vietnam upon request of diplomatic missions of foreign countries or intergovernmental organizations."

5. Amending and supplementing some points and clauses of Article 9 as follows:

a) Amending and supplementing Clause 1 Article 9 as follows:

"1. The employer's application for a work permit for foreign workers according to Model No. 11/PLI Appendix I issued together with this Decree. In case a foreign worker works for an employer at multiple locations, the application for a work permit must list all working locations."

b) Amend and supplement Point a and Point b of Clause 4 of Article 9 as follows:

"a) Documents proving to be a manager or executive as stipulated in Clauses 4 and 5 of Article 3 of this Decree include three types of documents as follows:

The company charter or operational regulations of the agency, organization, or enterprise;

Business registration certificate or establishment certificate or establishment decision or other documents with equivalent legal value;

Resolution or appointment decision of the agency, organization, or enterprise.

b) Documents proving to be an expert or technical worker as stipulated in Clauses 3 and 6 of Article 3 of this Decree include two types of documents as follows:

Degree or certificate or certification;

Written confirmation from agencies, organizations, or enterprises abroad regarding the number of years of experience of the expert or technical worker or work permit already issued or confirmation that they do not fall within the scope for issuance of a work permit."

c) Amend and supplement Clause 8 of Article 9 as follows:

"8. Documents related to foreign workers, except for foreign workers specified in Point a Clause 1 of Article 2 of this Decree."

d) Amend and supplement Point e Clause 8 of Article 9 as follows:

"e) For foreign workers working as stipulated in Point i Clause 1 of Article 2 of this Decree, there must be a document from the foreign agency, organization, or enterprise dispatching the foreign worker to work in Vietnam and it must be consistent with the anticipated job position or documents proving to be a manager as stipulated in Clause 4 of Article 3 of this Decree."

đ) Supplement Point c Clause 9 of Article 9 as follows:

"c) For foreign experts or technical workers who have been granted a work permit and have had it renewed once and wish to continue working in the same job position and job title as stated in the work permit, the application for a new work permit shall include the documents specified in Clauses 1, 2, 5, 6, 7, and 8 of this Article and a copy of the previously issued work permit."

6. Amend and supplement Clause 2 of Article 11 as follows:

"2. Within five working days from the date of receiving complete applications for work permits, the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs where the foreign worker is expected to work shall issue a work permit for the foreign worker according to Model No. 12/PLI Appendix I promulgated together with this Decree. In case a work permit is not issued, a written response stating the reasons shall be provided.

The work permit shall be A4 size (21 cm x 29.7 cm), consisting of two pages: Page 1 shall be blue; Page 2 shall have a white background with blue patterns, featuring a star in the center. The work permit shall be numbered as follows: provincial or centrally-administered city code and Ministry of Labor - Invalids and Social Affairs code according to Model No. 16/PLI Appendix I promulgated together with this Decree; the last two digits of the year of issuance; type of permit (new issuance marked 1; renewal marked 2; reissuance marked 3); serial number (from 000.001).

In case the work permit is an electronic version, it must comply with relevant laws and contain the content according to Model No. 12/PLI Appendix I promulgated together with this Decree."

7. Amend and supplement Clause 3 of Article 12 as follows:

"3. Change one of the following contents: name, nationality, passport number, place of work, change of enterprise name without changing the enterprise code recorded in the valid work permit."

8. Amend and supplement Clause 7 of Article 17 as follows:

"One of the documents specified in Clause 8 of Article 9 of this Decree proving that the foreign worker continues to work for the employer according to the content of the valid work permit, except for foreign workers working as stipulated in Point a Clause 1 of Article 2 of this Decree."

9. Amend and supplement Point b Clause 4 of Article 22 as follows:

"b) Organizations authorized, delegated, assigned tasks, ordered to provide services, or awarded contracts by the provincial People's Committee."

10. Amend and supplement Point b Clause 4 of Article 27 as follows:

"b) Organizations authorized, delegated, assigned tasks, ordered to provide services, or awarded contracts to recruit and manage Vietnamese workers working for foreign organizations or individuals shall report to the Department of Labor - Invalids and Social Affairs."

11. Amend and supplement some points and clauses of Article 30 as follows:

a) Amend and supplement Point a Clause 1 of Article 30 as follows:

"a) Implement approval of the need to use foreign workers; confirm non-inclusion in the scope for issuance of work permits; issue, reissue, renew, and revoke work permits for foreign workers in one of the following cases:

Working for employers specified in Point g Clause 2 of Article 2 and employers specified in Points c, d, e Clause 2 of Article 2 of this Decree, which are permitted to establish by the Government, Prime Minister, ministries, ministerial-level agencies, or government agencies;

Working for one employer across multiple provinces or centrally-administered cities."

b) Amend and supplement Point c Clause 1 of Article 30 as follows:

"c) Uniformly manage state administration over recruitment and management of foreign workers working in Vietnam from central to local levels and management of Vietnamese workers working for foreign organizations or individuals in Vietnam."

c) Amend and supplement Clause 3 of Article 30 as follows:

"3. Responsibilities of the Ministry of National Defense:

a) Coordinate with competent authorities managing foreign workers and Vietnamese workers working for foreign organizations or individuals in Vietnam to implement legal provisions on ensuring security and public order in strategic areas, key areas, and weak areas concerning national defense.

b) Direct Border Guard units to cooperate with functional forces to manage and inspect Vietnamese workers working for foreign organizations or individuals in Vietnam and foreign workers entering to work in border areas, ports, islands, and maritime zones to firmly protect national sovereignty, security, and border defense."

d) Amend and supplement Point a Clause 4 of Article 30 as follows:

"a) Regularly provide monthly information on foreign workers granted visas marked as including: DN1, DN2, LV1, LV2, LD1, LD2, DT1, DT2, DT3, DT4 to work for agencies, organizations, or enterprises to the Ministry of Labor - Invalids and Social Affairs;"

đ) Amend and supplement Point a Clause 6 Article 30 as follows:

"a) Implement approval of the need to use foreign workers; confirm non-inclusion in the scope for issuance of work permits; issue, reissue, renew, and revoke work permits for foreign workers in one of the following cases:

Working for employers specified in Points a, b, h, i, k, l Clause 2 Article 2 and agencies, organizations specified in Points c, d, e Clause 2 Article 2 of this Decree shall be established by the People's Committee of the province, specialized agencies under the People's Committee of the province, or the People's Committee of the district;

Working for employers at multiple locations within the same province or centrally governed city.

12. Amend and supplement some forms as follows:

a) Amend Form number 01/PLI; Form number 02/PLI; Form number 07/PLI; Form number 08/PLI Appendix I promulgated together with Decree number 152/2020/NĐ-CP to Form number 01/PLI; Form number 02/PLI; Form number 07/PLI; Form number 08/PLI Appendix promulgated together with this Decree;

b) Supplement Form number 16/PLI and Form number 17/PL1 into Appendix I promulgated together with Decree number 152/2020/NĐ-CP.

13. Replace and supplement some words, phrases in the following points, clauses, articles, appendices:

a) Replace the phrase "Chairman of the People's Committee of the province" in Clause 1 Article 5 with the phrase "Department of Labor - Invalids and Social Affairs"; Replace the phrase "Chairman of the People's Committee of the province directs" with the phrase "Department of Labor - Invalids and Social Affairs proposes" in Clause 2 Article 5;

b) Replace the phrase "Clause 4, 6 and 8 Article 154" with the phrase "Clause 4 and Clause 6 Article 154" and the phrase "3 days" with the phrase "3 working days" in Clause 2 Article 8;

c) Replace the phrase "translated into Vietnamese and certified" with the phrase "translated into Vietnamese and notarized or certified" in Point e Clause 3 Article 8;

d) Replace the phrase "translated into Vietnamese and certified" with the phrase "translated into Vietnamese and notarized or certified" in Clause 10 Article 9 and Clause 4 Article 23;

đ) Replace the phrase "Documents prescribed in Clause 3 and Clause 4 of this Article" with the phrase "Documents prescribed in Clause 3 of this Article" in Clause 5 Article 13;

e) Replace the phrase "translated into Vietnamese" with the phrase "translated into Vietnamese and notarized or certified" in Clause 5 Article 13 and Clause 8 Article 17;

g) Replace the phrase "Certified copy of passport" with the phrase "Certified copy of passport or copy of passport confirmed by the employer" in Point d Clause 3 Article 8; Clause 7 Article 9 and Clause 5 Article 17;

h) Replace the phrase "20. Salary:....VND" with the phrase "20. Average monthly salary:.... million VND" in Form number 11/PLI Appendix I promulgated together with Decree number 152/2020/NĐ-CP;

i) Replace the phrase "People's Committee of the province/city…" with the phrase "Department of Labor - Invalids and Social Affairs…" in Form number 03/PLI Appendix I promulgated together with Decree number 152/2020/NĐ-CP;

k) Replace the phrase "Director-General/Chairman of the Provincial People's Committee" with the phrase "Director-General/Director", the phrase "According to the proposal in document number" with the phrase "According to the proposal and the information provided in document number" in Form number 03/PLI Appendix I promulgated together with Decree number 152/2020/NĐ-CP;

l) Replace the phrase "Chairman of the People's Committee of the province/city…" with the phrase "Department of Labor - Invalids and Social Affairs…" in Form number 04/PLI, Form number 05/PLI, Form number 06/PLI Appendix I promulgated together with Decree number 152/2020/NĐ-CP;

m) Replace the phrase "TM. People's Committee of the province/city/Chairman" with the phrase "Director" in Form number 06/PLI Appendix I promulgated together with Decree number 152/2020/NĐ-CP.

n) Supplement the phrase "(Enterprise/organization) hereby declares that the above information is true. If incorrect, (enterprise/organization) will bear full responsibility under the law" after Item 24 in Form number 09/PLI Appendix I promulgated together with Decree number 152/2020/NĐ-CP;

o) Supplement the phrase "Border Guard General Department (Ministry of Public Security)" in the section "Recipient" in Form number 13/PLI Appendix I promulgated together with Decree number 152/2020/NĐ-CP.

14. Repeal some points, clauses as follows:

a) Repeal Clause 4 Article 13;

b) Repeal Points c, d, đ Clause 5 and Point g Clause 6 Article 30;

c) Repeal Point a Clause 6a Article 30 of Decree number 152/2020/NĐ-CP dated December 30, 2020 of the Government on foreign workers working in Vietnam and recruitment, management of Vietnamese workers working for foreign organizations and individuals in Vietnam which has been amended and supplemented by Decree number 35/2022/NĐ-CP dated May 28, 2022 of the Government on management of industrial zones and economic zones.

Article 2. Abolish certain provisions of Decree No. 35/2022/NĐ-CP dated May 28, 2022 of the Government on industrial park management and economic zone management.

1. 工作岗位1：

2. Abolish the clause "reception of explanations from enterprises in industrial parks and economic zones regarding their demand for foreign workers for each position where Vietnamese workers cannot meet the requirements" at Point c Clause 3 Article 68.

Article 3. Implementation Provisions

1. This Decree takes effect from September 18, 2023.

2. Transitional provisions:

For explanations on the demand for foreign labor, applications for confirmation of non-work permit requirement, issuance, reissuance, and extension of work permits submitted to the Ministry of Labor - Invalids and Social Affairs, provincial People's Committees, Departments of Labor - Invalids and Social Affairs, Industrial Park Management Boards, Economic Zone Management Boards, and High-Tech Zones before this Decree takes effect shall be handled according to the provisions of Decree No. 152/2020/NĐ-CP dated December 30, 2020 of the Government on foreign workers working in Vietnam and recruitment and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam and Decree No. 35/2022/NĐ-CP dated May 28, 2022 of the Government on industrial park management and economic zone management.

Place of work OF LABOR Start date

(Accompanied according to End date of work... dated... the ... year... of (name joint, Work permit code issued

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Unit of measurement: person

REPRESENTATIVE ENTERPRISE /ORGANIZATION
clearly state name, stamp) specify each location (**) Column (17) Statistical breakdown of foreign workers working for enterprises, organizations divided into: