VIETNAM - NEW WORK PERMIT RULES - LEGAL UPDATE ON NEW DECREE AMENDING THE CURRENT REGULATIONS ON WORK PERMIT

1. VIETNAM - NEW WORK PERMIT RULES - LEGAL UPDATE ON NEW DECREE
AMENDING THE CURRENT REGULATIONS ON WORK PERMIT
On 18 September 2023, the Government issued Decree No. 70/2023/ND-CP on amendments and
supplementations to Decree No. 152/2020/ND-CP on foreign workers working in Vietnam, and
recruitment and management of Vietnamese workers working for foreign employers in Vietnam
("Decree 70"). At a glance, the key points to note of Decree 70 are as follows:
1. Adjustments to relax the conditions and requirements of Expert, CEO and Technical labor
(i.e. more relaxed conditions for the mentioned positions, clearer definition for the job
position of "business managers", etc.) to match the common practice of these positions;
2. Removal of the exemption of Work Permit's waiver application to foreign employees with
Vietnamese spouses. In other words, expats with Vietnamese spouse, after the effective
date of Decree 70, will have to implement the waiver application to be allowed to work in
Vietnam;
3. From 1 January 2024, employers will be required to, at least 15 days before submitting the
application for the approval of foreign labor use, publish notice on job application for
Vietnamese employees with regard to positions of which foreign employees are expected
to take. Such notice will be published on the electronic portal of the Occupational
Department of the Ministry of Labor, Invalids and Social Affairs (MOLISA) or a qualified
job service center.
4. Amendments to the forms for the application for Work Permit (i.e. working location(s));
5. Clearer guidance of authority for issuance of Work Permit between the MOLISA and the
Department of Labor, Invalids and Social Affairs (DOLISA) whereby the MOLIA will
issue the Work Permit for foreign employees who work for organizations permitted to be
established by the Government, Prime Minister, Ministries, Ministry-level agencies or
agencies of the Government while the DOLISA will handle the Work Permit in other cases
not falling into the governing authority of the MOLISA. Further, the industrial zone
authority, according to Decree 70, no longer has the authority to issue Work Permit/Work
Permit exemption certificate to foreign employee working in such industrial zone.
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Please do not hesitate to contact Dr. Oliver Massmann at omassmann@duanemorris.com if you
have any questions. Dr. Oliver Massmann is the General Director of Duane Morris Vietnam LLC.