Decree 152/2020-2023/Vietnam on Foreign employees

Mục lục . Content

1. DECREE 152/2020/ND-CP ON FOREIGN EMPLOYEES WORKING IN VIETNAM,

2. DECREE 70/2023/ND-CP (AMENDING DECREE 152/2020/ND-CP).

(English – Tiếng Anh)

1. DECREE 152/2020/ND-CP ON FOREIGN EMPLOYEES WORKING IN VIETNAM

DECREE 152/2020/ND-CP

December 30, 2020

Providing regulations on foreign employees working in Vietnam and recruitment, management of Vietnamese employees working for foreign organizations and individuals in Vietnam

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Labor Code dated November 20, 2019;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Enterprises dated June 17, 2020;

At the proposal of the Minister of Labor, Invalids and Social Affairs;

The Government hereby promulgates the Decree on providing regulations on foreign employees working in Vietnam and recruitment, management of Vietnamese employees working for foreign organizations and individuals in Vietnam.

CHAPTER I. GENERAL REGULATIONS

Article 1. Scope of regulation

This Decree provides regulations on foreign employees working in Vietnam and recruitment, management of Vietnamese employees working for foreign organizations and individuals in Vietnam in accordance with the following articles and clauses of the Labor Code:

1. Conditions, order, procedures for the grant, re-grant, extension and revocation of work permits and work permit exemption certificates for foreign employees working in Vietnam according to Article 157 of the Labor Code and foreign employees in Vietnam who are exempt from work permit under Clauses 1, 2 and 9, Article 154 of the Labor Code.

2. Recruitment, introduction, and management of Vietnamese employees working for foreign organizations and individuals in Vietnam (hereinafter referred to as foreign organizations and individuals) according to Clause 3, Article 150 of the Labor Code.

Article 2. Subjects of application

1. Foreign citizens who work in Vietnam (hereinafter referred to as foreign employees) in the following forms:

a) Performing labor contracts;

b) Being intra-corporate transferee;

c) Implementing contracts or agreements on business, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education, or health;

d) Providing contractual services;

dd) Offering services;

e) Working for foreign non-governmental organizations or international organizations in Vietnam that are licensed to operate in accordance with Vietnamese law;

g) Working as volunteers;

h) Taking charge of establishing commercial presence;

i) Working as managers, executives, specialists or technical workers;

k) Participating in the performance of bidding packages and projects in Vietnam;

l) Relatives of members of Vietnam-based foreign representative missions who are permitted to work in Vietnam in accordance with international treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Employers of foreign employees, including:

a) Enterprises operating in accordance with the Law on Enterprises, the Law on Investment, or treaties to which the Socialist Republic of Vietnam is a contracting party;

b) Contractors participating in bidding or performing contracts;

c) Representative offices and branches of enterprises, agencies or organizations established under licenses of competent agencies;

d) State agencies, political organizations, socio-political organizations, socio-politico-professional organizations, social organizations, or socio-professional organizations;

dd) Foreign non-governmental organizations that are granted a registration certificate by a competent agency of Vietnam in accordance with Vietnamese law;

e) Lawfully established non-business organizations and educational institutions;

g) International organizations, offices of foreign projects in Vietnam; agencies and organizations permitted to be established and operated by the Government, the Prime Minister, ministries and branches in accordance with law;

h) Lawfully registered executive offices of foreign investors to business cooperation contracts or of foreign contractors;

i) Organizations practicing law in Vietnam in accordance with law;

k) Cooperatives and unions of cooperatives established and operating in accordance with the Law on Cooperatives;

l) Business households and individuals licensed to do business in accordance with law.

3. Foreign organizations in Vietnam that are foreign agencies and organizations permitted by competent authorities of Vietnam to operate in the Vietnamese territory, including:

a) Foreign diplomatic missions or consular offices, representative offices of international organizations in the United Nations system, regional and sub-regional organizations;

b) Resident offices of foreign news and press agencies, radio and television broadcasting organizations;

c) International organizations, inter-governmental organizations and foreign governmental organizations;

d) Foreign non-governmental organizations that are granted a registration certificate by a competent agency of Vietnam in accordance with law;

dd) Representative offices in Vietnam of foreign organizations operating in the following fields: economy, commerce, finance, banking, insurance, science-technology, culture, education, health, and foreign legal consulting.

4. Foreign individuals in Vietnam who are foreigners working for organizations specified in Clause 3 of this Article or persons permitted by Vietnamese competent agencies to reside in Vietnam.

5. Vietnamese employees working for foreign organizations and individuals in Vietnam.

6. Employment service organizations and labor leasing enterprises providing services to foreign organizations and individuals in Vietnam engaged to the recruitment, introduction and management of Vietnamese employees working for foreign organizations and individuals in Vietnam.

Article 3. Interpretation of terms

1. Foreign intra-corporate transferee means a manager, an executive, a specialist or a technical employee of a foreign enterprise that has established a commercial presence in the Vietnamese territory, who is temporarily transferred within the same enterprise to a commercial presence in the Vietnamese territory and was recruited by the foreign enterprise at least consecutive 12 months ago.

2. Volunteer means an unpaid foreign employee who voluntarily works in Vietnam to implement a treaty to which the Socialist Republic of Vietnam is a contracting party and certified by a foreign diplomatic mission or international organization in Vietnam.

3. Specialist means a foreign employee who falls into either of the following cases:

a) Possessing a university or equivalent or higher degree and at least 3 years’ working experience in his/her trained discipline relevant to his/her expected working position in Vietnam;

b) Possessing at least 3 years’ working experience and practice certificate relevant to his/her expected working position in Vietnam;

c) Special cases shall be decided by the Prime Minister at the proposal of the Ministry of Labor, War Invalids and Social Affairs.

4. Manager means a person who manages an enterprise as defined in Clause 24, Article 4 of the Law on Enterprises or who is the head or a deputy head of an agency or organization.

5. Executive means the head of a unit attached to an agency, organization or enterprise who directly manages this unit.

6. Technical employee means a foreign employee who falls into either of the following cases:

a) A person who has been trained in a technical or another discipline for at least 1 year and has at least 3 years’ working experience in his/her trained discipline.

b) Possessing at least 3 years’ working experience in his/her trained discipline relevant to his/her expected working position.

7. Commercial presence includes foreign-invested economic organizations; representative offices and branches of foreign traders in Vietnam; executive office of foreign investor in business cooperation contract.

8. Contractual service provider means a foreign employee has worked for at least 2 years (24 months) in a foreign enterprise without commercial presence in Vietnam and must meet the regulations applicable to experts in Clause 3 of this Article.

9. A foreign employee working by offering services means a foreign employee who does not live in Vietnam and does not receive remuneration from any source in Vietnam, participating in activities involving representing a service supplier to negotiate the supplier’s service consumption, provided that the service is not directly sold to the public and is not directly involved in the provision of the service.

CHAPTER II. APPROVAL OF THE DEMAND FOR FOREIGN EMPLOYEES; FOREIGN EMPLOYEES EXEMPTED FROM WORK PERMIT; GRANT, RE-GRANT, EXTENSION AND REVOCATION OF WORK PERMITS

SECTION 1. APPROVAL OF THE DEMAND FOR FOREIGN EMPLOYEES

Article 4. Employment of foreign employees

1. Determination of the demand for foreign employees

a) At least 30 days before the expected date of employment of the foreign employees, employers (except contractors) shall determine their demand for foreign employees for every working position which Vietnamese are unable to hold, and send reports thereon to the Ministry of Labor, War Invalids and Social Affairs or People’s Committees of provinces or centrally run cities (below referred to as provincial-level People’s Committees) where foreign employees are expected to work according to the Form No. 01/PLI provided in Appendix I attached to this Decree.

During the course of implementation, if there is a change in the demand for foreign employees, the employer must report to the Ministry of Labor, War Invalids and Social Affairs or the provincial-level People’s Committees using the form No. 02/PLI in Appendix I attached to this Decree at least 30 days before the intended date of employment of foreign employees.

b) For the cases specified in Clauses 3, 4 and 5, Article 154 of the Labor Code and Clauses 1, 2, 8, 9, 11, 12 and 13, Article 7 of this Decree, employers are not required to determine their demand for foreign employees.

2. The Ministry of Labor, War Invalids and Social Affairs or the provincial-level People’s Committees shall issue a written approval or disapproval of the employment of foreign employees for each job position according to the Form No. 03/PLI provided in Appendix I attached to this Decree within 10 working days from the date of receipt of the report on explanation or the report on the explanation of changes in demand for foreign employees.

Article 5. Contractors’ employment of foreign employees

1. Before recruiting foreign employees, a contractor shall declare the number, professional qualifications and capacity and experience of foreign employees to be employed to perform a bidding package in Vietnam and send a request for recruitment of Vietnamese employees in the working positions expected to be held by foreign employees to the chairperson of the provincial-level People’s Committee of the locality where the contractor performs the bidding package according to the Form No. 04/PLI in Appendix I attached to this Decree.

When the contractor wishes to change or increase the number of employees already declared, the project owner shall certify the plan on change or increase of the number of employees to be employed by the foreign contractor according to the Form No. 05/PLI provided in Appendix I attached to this Decree.

2. The chairperson of the provincial-level People’s Committee shall direct local agencies and organizations to introduce and supply Vietnamese employees for the contractor or coordinate with other local agencies and organizations in introducing and supplying Vietnamese employees for the contractor. If no Vietnamese employee is introduced or supplied for the contractor within 2 months from the date of receiving a request for recruitment of 500 Vietnamese employees or more, and within a maximum of 1 month from the date of receiving a request for recruitment of between 100 and 500 Vietnamese employees and within 15 days from the date of receiving the request to employ less than 100 Vietnamese employees, the chairperson of the provincial-level People’s Committee shall consider and permit the contractor to recruit foreign employees for the working positions for which no Vietnamese employee can be recruited according to the Form No. 06/PLI in Appendix I attached to this Decree.

3. The project owner shall supervise and request the contractor to comply with the declared contents on employment of Vietnamese and foreign employees; guide, urge and examine the contractor in complying with the regulations on recruitment and employment of foreign employees in accordance with law; monitor and ensure that foreign employees comply with Vietnamese law; before July 05 and January 05 of the following year, the  project owner shall report on the employment of foreign employees in the first 6 months of the year and annual report according to the Form No. 07/PLI in Appendix I attached to this Decree.

The closing time of the first 6 month report data is from December 15 of the year prior to the reporting period to June 14 of the reporting period, the closing time of the annual report data is from December 15 of the year prior to the reporting period to December 14 of the reporting period.

4. Annually or irregularly, the Department of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the provincial and municipal police offices; Provincial Border Guard Command or related agencies and units of the Ministry of Defense in border areas, border gates, islands, strategic areas, key areas, critical defense areas and related agencies in, inspecting the implementation of the law provisions for foreign employees working in the bidding packages conducted by winning contractors in localities, reporting on inspection results to the provincial People’s Committees, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Public Security and the Ministry of National Defense.

Article 6. Reporting on employment of foreign employees

1. Before July 05 and January 05 of the following year, the employer employing foreign employees shall make a first 6 month report and annual report on the employment of foreign employees according to the Form No. 07/PLI in Appendix I attached to this Decree. The closing time of the first 6 month report data is from December 15 of the year prior to the reporting period to June 14 of the reporting period, the closing time of the annual report data is from December 15 of the year prior to the reporting period to December 14 of the reporting period.

2. Before July 15 and January 15 of the following year or unexpectedly at request, the provincial-level Department of Labor, War Invalids and Social Affairs shall report to the Ministry of Labor, War Invalids and Social Affairs on the situation of foreign employees working in the locality according to the Form No. 08/PLI in Appendix I attached to this Decree. The time for closing the first 6 month and annual report data shall comply with the Government’s regulations on reporting regime of state administrative agencies.

SECTION 2. FOREIGN EMPLOYEES EXEMPTED FROM WORK PERMITS

Article 7. Cases in which foreign employees are exempted from work permits

In addition to the cases specified in Clauses 3, 4, 5, 6, 7 and 8, Article 154 of the Labor Code, foreign employees who are exempted from work permit include:

1. An owner or capital contributor of a limited liability company with a capital contribution value of VND 3 billion or more.

2. Chairperson of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.

3. Intra-corporate transferees within 11 service sectors in Vietnam’s Schedule of the World Trade Organization (WTO) Commitments on Services, including: business, communication, construction, distribution, education, environment, finance, health, tourism, entertainment and transportation.

4. Foreigners who enter Vietnam to provide professional and technical consultancy services or perform other tasks serving the research, formulation, appraisal, monitoring and evaluation, management and implementation of official development assistance (ODA)-funded programs and projects according to ODA treaties concluded between competent authorities of Vietnam and foreign countries.

5. Foreigners who are licensed by the Ministry of Foreign Affairs to carry out information and press activities in Vietnam in accordance with law.

6. Foreigners who are sent to Vietnam by competent foreign agencies or organizations to teach and research at international schools under the management of foreign diplomatic missions or the United Nations; establishments and organizations established under the agreements that Vietnam has signed and acceded to.

7. Volunteers specified in Clause 2, Article 3 of this Decree.

8. Foreigners who enter Vietnam to work as specialists, managers, executives or technical employees for fewer than 30 days per entry and not exceeding 03 times in a year.

9. Foreigners who enter Vietnam to implement international agreements signed by central- or provincial-level agencies or organizations in accordance with law.

10. Students in overseas schools or training institutions which have agreements on apprenticeship in agencies, organizations or enterprises in Vietnam; trainees and apprentices on Vietnamese ships.

11. Relatives of members of foreign representative missions in Vietnam specified at Point 1, Clause 1, Article 2 of this Decree.

12. Foreigners who have official passports to work for state agencies, political organizations or socio-political organizations.

13. Persons taking charge of establishing a commercial presence.

14. Foreign employees entering Vietnam are certified by the Ministry of Education and Training to teach and research.

Article 8. Certification of foreign employees’ eligibility for exemption from work permit

1. The Ministry of Labor, War Invalids and Social Affairs or the provincial-level Departments of Labor, War Invalids and Social Affairs shall have competence to certify foreign employees’ eligibility for exemption from work permit.

2. The employer shall request the Ministry of Labor, War Invalids and Social Affairs or the provincial level Department of Labor, War Invalids and Social Affairs of the locality where the foreign employees are expected to work to certify that foreign employees’ eligibility for exemption from work permit at least 10 days before the date on which the foreign employees start working.

In the cases specified in Clauses 4, 6, and 8, Article 154 of the Labor Code and Clauses 1, 2, 8, and 11, Article 7 of this Decree, procedures are not required to confirm that foreign employees’ eligibility for exemption from work permit but must report to the Ministry of Labor, War Invalids and Social Affairs or the provincial-level Department of Labor, War Invalids and Social Affairs of the locality where the foreign employees are expected to work with the following information: full name, age, nationality, passport number, name of the foreign employer, start and end date of work at least 3 days prior to the date the foreign employee is expected to start working in Vietnam.

The validity period of a certification of a foreigner employees’ eligibility for exemption from work permit must not exceed 2 years and equal to the period specified in one of the cases prescribed in Article 10 of this Decree. In the case of re-grant of certification of a foreign employees’ eligibility for exemption from work permit, the maximum time limit is 2 years.

3. A dossier of request for certification of eligibility for exemption from work permit must comprise:

a) A written request for certification of foreign employees’ eligibility for exemption from work permit according to the Form No. 09/PLI in Appendix I attached to this Decree;

b) A health certificate or medical report as prescribed in Clause 2 Article 9 of this Decree;

c) A written approval of demand for foreign employees, except for cases in which the demand to employ foreign employees is not determined;

d) A certified copy of the passport which is still valid in accordance with the law;

dd) Documents proving foreign employees’ eligibility for exemption from work permit;

e) The papers specified at Points b, c, and d of this Clause are 1 original or certified true copy. If they belong to a foreign country, they must be consularly legalized, translated into Vietnamese, and authenticated, unless otherwise exempted from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the foreign country concerned are both members or on the principle of reciprocity or according to the provisions of law.

4. Within 5 working days from the date of receipt of a complete application for certification of foreign employees’ eligibility for exemption from work permit, the Ministry of Labor, War Invalids and Social Affairs or the provincial-level Department of Labor, War Invalids and Social Affairs shall issue a written certification of foreign employees’ eligibility for exemption from work permit according to the Form No. 10/PLI in Appendix I attached to this Decree. In case of refusal, it shall issue a written reply clearly stating the reason.

SECTION 3. GRANT OF WORK PERMITS

Article 9. Dossier of application for a work permit

1. An employer’s application for a work permit, made according to the Form No. 11/PLI provided in Appendix I attached to this Decree.

2. A health certificate or medical report issued by a competent foreign or Vietnamese health establishment within 12 months prior to the date of submission of dossier or health certificate as prescribed by the Minister of Health.

3. Judicial record cards or documents certifying that the foreign employee is not currently serving a penalty or has not had his/her criminal records removed or are being examined for criminal liability granted by a competent foreign or Vietnamese agency.

Such judicial record card or written certification that the foreign employee is not currently serving a penalty or has not had his/her criminal records removed or are being examined for criminal liability must be issued within 6 months prior to the date of dossier submission.

4. Documents and papers proving that he/she is a manager, executive director, expert, technical worker, and a number of occupations are defined as follows:

a) Papers proving that he/she is a manager or executive director specified in Clauses 4 and 5, Article 3 of this Decree;

b) Papers proving that he/she is an expert or technical employee specified in Clauses 3 and 6, Article 3 of this Decree, including: diplomas, certificates and written certification of overseas agencies, organizations and enterprises on the number of years of experience of experts and technical employee;

c) Document proving experience of a foreign football player or international transfer certificate (ITC) issued to a foreign football player or Vietnamese Football Federation’s document confirming temporary registration or officially for a player of a club belonging to the Vietnam Football Federation;

d) Flight license issued by a competent agency of Vietnam or by a competent agency of a foreign country and be recognized by the competent agency of Vietnam, for the foreign pilots or the professional certificate permitted to work on the airplane issued to the flight attendants by the Ministry of Transport;

dd) Certificate of expertise in airplane maintenance, issued by a competent Vietnamese agency or by a foreign competent agency and recognized by a competent Vietnamese agency for foreign employees performing airplane maintenance;

e) A certificate of professional ability or a certificate of qualification issued by a competent Vietnamese agency to a foreign seafarer;

g) A certificate of high performance in the sports fields and certified by the Ministry of Culture, Sports and Tourism for a sports coach or at least one of the qualifications such as: B degree as a football coach of the Asian Football Federation (AFC) or a level 1 goalkeeping coach of the AFC or a level 1 fitness coach of AFC or a level 1 in an indoor football (Futsal) coach of AFC or any equivalent AFC accredited foreign training qualification;

h) Diplomas granted by competent agencies satisfy the requirements on qualifications and standards according to the Education Law, the Law on Higher Education, the Law on Vocational Education, and the Regulation on organization and operation of foreign language and informatics centers are issued by the Minister of Education and Training.

5. Two color photos (4 cm x 6 cm, white background, front facing, bareheaded, no glasses) taken within 6 months prior to the date of dossier submission.

6. A written approval of demand for foreign employees, except for cases in which the demanding to employ foreign employees is not required.

7. A certified copy of the passport which is still valid in accordance with the law.

8. Papers related to the foreign employee:

a) The foreign enterprise’s paper on the appointment of the foreign employee to work in its commercial presence in the Vietnamese territory, and a paper proving that he/she was recruited by the foreign enterprise at least 12 consecutive months before he/she is appointed to work in Vietnam, for foreign employees mentioned at Point b, Clause 1, Article 2 of this Decree;

b) A contract or an agreement signed between the Vietnamese and foreign partners, including the agreement on employment of foreign employees in Vietnam, for foreign employees mentioned at Point c, Clause 1, Article 2 of this Decree;

c) A service provision contract signed between the Vietnamese and foreign partners, and a paper proving that the foreign employee has worked for the foreign enterprise without commercial presence in Vietnam for at least 2 years, for foreign employees mentioned at Point d, Clause 1, Article 2 of this Decree;

d) The service provider’s paper on the appointment of the foreign employee to work in Vietnam to negotiate the service provision, for foreign employees mentioned at Point d, Clause 1, Article 2 of this Decree;

dd) Papers of an agency or organization sending foreign employees to work for a foreign non-governmental organization or an international organization in Vietnam, for foreign employees mentioned at Point e, Clause 1, Article 2 of this Decree, except for the case specified at Point a, Clause 1, Article 2 of this Decree and operating licenses of foreign non-governmental organizations, international organizations in Vietnam in accordance with law;

e) Papers of a foreign enterprise, agency or organization sending foreign employees to work in Vietnam and suitable for the expected working position, for foreign employees mentioned at Point i, Clause 1, Article 2 of this Decree.

9. A dossier of application for a work permit in special cases:

a) For a foreign employee that have been granted a work permit, which is still valid and have a demanding to work for another employer in the same job position and job title as stated in the permit. A dossier of application for a work permit includes: certification of the previous employer about the current employee, papers specified in Clauses 1, 5, 6, 7 and 8 of this Article and a certified copy of the issued work permit;

b) For a foreign employee possessing a valid work permit who wishes to work for the same employer in a different job position or job title or work form from that stated in his/her work permit as prescribed by law, a dossier of application for a work permit must comprise the papers specified in Clauses 4, 5, 6, 7 and 8 of this Article and the granted work permit or its certified copy.

10. Consular legalization and certification of papers

The papers specified in Clauses 2, 3, 4, 6 and 8 of this Article are 1 original or certified true copy. If such papers are made in a foreign language, they shall be consularly legalized, unless they are exempted from consular legalization under a treaty to which the Socialist Republic of Vietnam and the foreign country concerned are contracting parties, or on the principle of reciprocity, or in accordance with law, and translated into Vietnamese and certified in accordance with Vietnamese law.

Article 10. Validity period of a work permit

The validity period of a granted work permit must not exceed 2 years, and equal:

1. The term of the labor contract to be signed.

2. The period during which the foreign employee sent to Vietnam by the foreign partner will work.

3. The term of the contract or agreement signed between the Vietnamese and foreign partners;

4. The term of the service provision contract or agreement signed between the Vietnamese and foreign partners.

5. The period stated in the service provider’s paper on the appointment of the foreign employee to work in Vietnam to negotiate the service provision.

6. The term has been determined in the operation license of the agency, organization or enterprise.

7. The period stated in the service provider’s paper on the appointment of the foreign employee to work in Vietnam to establish its commercial presence.

8. The period stated in the paper proving that the foreign employee is permitted to participate in the operation of a foreign enterprise that has established its commercial presence in Vietnam.

9. The period stated in the written approval of the employment of foreign employees, except for the cases in which the report on demand for foreign employees is not required as prescribed at Point b, Clause 1, Article 4 of this Decree.

Article 11. Sequence of granting a work permit

1. At least 15 days before the date the foreign employee is expected to start working in Vietnam, the applicant shall send the application for a work permit to the Ministry of Labor, War Invalids and Social Affairs or the provincial-level Department of Labor, War Invalids and Social Affairs of the locality where the foreign employee is expected to work is specified as follows:

a) Employers, in case where foreign employees work in the form specified at Points a, b, e, g, i and k, Clause 1, Article 2 of this Decree;

b) Vietnamese agencies, organizations, and enterprises or foreign organizations and enterprises operating in Vietnam where the foreign employees come to work according to the form specified at Points c and d, Clause 1, Article 2 of this Decree;

c) Foreign employees enter Vietnam to offer services, taking charge of establishing a commercial presence in the form specified at Points d and h, Clause 1, Article 2 of this Decree.

2. Within 05 working days from the date of receipt of a complete application for a work permit, the Ministry of Labor, War Invalids and Social Affairs or the provincial-level Department of Labor, War Invalids and Social Affairs of the locality where the employee is expected to work shall issue a written for a work permit using the Form No. 12/PLI in Appendix I attached to this Decree. The work permit form is printed and issued uniformly by the Ministry of Labor, War Invalids and Social Affairs. In case of refusal, it shall issue a written reply clearly stating the reason.

3. After the foreign employee mentioned at Point a, Clause 1, Article 2 of this Decree is granted a work permit, he/she and his/her employer shall sign a written labor contract in accordance with Vietnamese labor law before the date the foreign employee is expected to work.

The employer must send the signed labor contract as required to the competent agency that issued the work permit. A labor contract may be an original or a certified copy.

SECTION 4. RE-GRANT OF WORK PERMITS

Article 12. Cases in which a work permit is re-granted

1. Work permit is still valid but lost.

2. Work permit is valid but damaged.

3. Change of full name, citizenship, passport number, workplace as stated in the valid work permit.

Article 13. Dossier of request for re-grant of a work permit

1. An employers’ application for a work permit, made according to Form No. 11/PLI provided in Appendix I attached to this Decree.

2. Two color photos (4 cm x 6 cm, white background, front facing, bareheaded, no glasses) taken within 6 months prior to the date of dossier submission.

3. The valid work permit has been issued:

a) If the work permit is lost under Clause 1, Article 12 of this Decree, certification of a commune-level public security agency of the place where the foreigner resides or of a competent foreign agency is required in accordance with law;

b) If the work permit has its contents changed, papers proving such change are required.

4. A written approval of demand for foreign employees, except for cases in which the demand to employ foreign employees is not required.

5. The papers specified in Clause 3 and 4 of this Article are original or certified copies, except for the case specified in Clause 1, Article 12 of this Decree. If they belong to a foreign country, they must be consularly legalized, translated into Vietnamese, unless they are exempt from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the foreign country concerned are both members or on the principle of reciprocity or according to the provisions of law.

Article 14. Sequence of re-granting a work permit

Within 3 working days after receiving a complete dossier of request for re-grant of a work permit, the Ministry of Labor, War Invalids and Social Affairs or the provincial-level Department of Labor, War Invalids and Social Affairs shall re-grant a work permit. In case of refusal, it shall issue a written reply clearly stating the reason.

Article 15. Validity period of a re-granted work permit

The validity period of a work permit re-granted must equal the validity period of the granted work permit minus the foreign employee’s working period counted by the time of request for re-grant of the work permit.

SECTION 5. EXTENSION OF WORK PERMITS

Article 16. Conditions for a foreign employee to be extended a work permit

1. The issued work permit remains valid for at least 5 days and at most 45 days.

2. The approval of foreign employees demands by a competent agency as specified in Article 4 or Article 5 of this Decree.

3. Papers proving that the foreign employee continues to work for the employer according to the contents of the issued work permit.

Article 17. A dossier of request for extension of a work permit

1. An employers’ application for extension of a work permit, made according to the Form No. 11/PLI provided in Appendix I attached to this Decree.

2. Two color photos (4 cm x 6 cm, white background, front facing, bareheaded, no glasses) taken within 6 months prior to the date of dossier submission.

3. The valid work permit has been issued.

4. A written approval of demand for foreign employees, except for cases in which the demand to employ foreign employees is not required.

5. A certified copy of the passport which is still valid in accordance with the law.

6. A health certificate or medical report as prescribed specified in Clause 2, Article 9 of this Decree.

7. One of papers proving that the foreign employee continues to work for the employer according to the contents of the issued work permit, as specified in Clause 8 Article 9 of this Decree.

8. The papers specified in Clause 3, 4, 6 and 7 of this Article must be original or certified copies. If they belong to a foreign country, they must be consularly legalized, translated into Vietnamese, unless they are exempt from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the foreign country concerned are both members or on the principle of reciprocity or according to the provisions of law.

Article 18. Sequence of extension of a work permit

1. At least 5 days but no more than 45 days before the expiration date of the work permit, the employer must submit a dossier of extension of the work permit to the Ministry of Labor, War Invalids and Social Affairs or the provincial-level Department of Labor, War Invalids and Social Affairs that has granted that work permit.

2. Within 3 working days after receiving a complete dossier of request for extension of a work permit, Ministry of Labor, War Invalids and Social Affairs or the provincial-level Department of Labor, War Invalids and Social Affairs shall extend the work permit. In case of refusal, it shall issue a written reply clearly stating the reason.

3. After the foreign employee mentioned at Point a, Clause 1, Article 2 of this Decree is extended a work permit, he/she and his/her employer shall sign a written labor contract in accordance with Vietnamese labor law before the date the foreign employee is expected to continue working.

The employer must send the signed labor contract as required to the competent agency has extended the work permit. A labor contract must be an original or a certified copy.

Article 19. Validity period of an extended work permit

Validity period of an extended work permit according to the term of one of the cases specified in Article 10 of this Decree, but only extended once for a maximum period of 2 years.

SECTION 6. REVOCATION OF WORK PERMITS

Article 20. Cases in which a work permit is revoked

1. A work permit shall be revoked when it expires under Clause 1, 2, 3, 4, 5, 6 or 7, Article 156 of the Labor Code.

2. The employer or foreign employee fails to strictly comply with this Decree.

3. Foreign employees, while working in Vietnam, fail to comply with Vietnamese laws, affecting social security, order, and safety.

Article 21. Sequence of revoking a work permit:

1. For the cases specified in Clause 1, Article 20 of this Decree, within 15 days after the work permit expires, the employer shall revoke the work permit of the foreign employee and returns it to the Ministry of Labor, War Invalids and Social Affairs or the provincial-level Department of Labor, War Invalids and Social Affairs that has issued the work permit attached to a document clearly stating the reason for revocation, in case it is subject to revocation but cannot be revoked.

2. For the cases specified in Clauses 2 and 3, Article 20 of this Decree, the Ministry of Labor, War Invalids and Social Affairs or the provincial-level Department of Labor, War Invalids and Social Affairs that has issued a work permit and issued a decision to revoke a work permit using the Form No. 13/PLI provided in Appendix I attached to this Decree and notify the employer of the revocation of the work permit of the foreign employee and return it to the Ministry of Labor, War Invalids and Social Affairs or the provincial-level Department of Labor, War Invalids and Social Affairs that issued that work permit.

3. Within 05 working days from the day on which the revoked work permit is received, the Ministry of Labor, War Invalids and Social Affairs or the provincial-level Department of Labor, War Invalids and Social Affairs shall issue a written confirmation of revocation of the work permit to the employer.

CHAPTER III. RECRUITMENT AND MANAGEMENT OF VIETNAMESE EMPLOYEES WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM

Article 22. Competence to recruitment and management of Vietnamese employees working for foreign organizations and individuals

1. Organizations competent to recruit and manage Vietnamese employees working for foreign organizations and individuals (hereinafter referred to as organizations competent to recruit and manage Vietnamese employees) include:

a) Organizations delegated, authorized, assigned the tasks, placed order or bidding by the Ministry of Foreign Affairs;

b) Organizations are delegated, authorized, assigned tasks, placed orders or bidding by the Department of Labor, War Invalids and Social Affairs.

2. Organizations specified at Point a, Clause 1 of this Article may recruit and manage Vietnamese employees working for the following foreign organizations and individuals:

a) Foreign organizations specified at Points a, b, c and d, Clause 3, Article 2 of this Decree;

b) Foreign individuals working for foreign organizations specified at Points a, b, c and d, Clause 3, Article 2 of this Decree.

3. Organizations specified at Point b, Clause 1 of this Article may recruit and manage Vietnamese employees working for the following foreign organizations and individuals:

a) Foreign organizations specified at Point d, Clause 3, Article 2 of this Decree;

b) Foreign individuals working for foreign organizations specified at Point dd, Clause 2, Article 2 of this Decree and foreigners permitted by Vietnamese competent agencies to reside in Vietnam.

Article 23. Dossier of registration for recruitment of a Vietnamese employee

1. Registration form for labor recruitment shall be made according to the Form No. 01/PLII provided in Appendix II attached to this Decree.

2. A certified copy of one of the following papers: birth certificate or identity card or citizen identification.

3. A health certificate or medical report issued by competent medical facilities which is valid for 12 months from the time of submission.

4. Certified copies of diplomas and certificates of professional, technical and foreign language skills required for the job which the employee applies for. If the papers are made in a foreign language, they shall be consularly legalized, unless they are exempted from consular legalization under a treaty to which the Socialist Republic of Vietnam and the foreign country concerned are contracting parties, or on the principle of reciprocity, or in accordance with law, and translated into Vietnamese and certified in accordance with Vietnamese law.

Article 24. Order and procedures for recruitment of Vietnamese employees to work for foreign organizations and individuals

1. A foreign organization or individual that needs to employ a Vietnamese employee shall recruiting directly or through employment services organizations, labor leasing enterprises or organizations competent to recruit and manage Vietnamese employees.

2. In case of recruitment through a competent Vietnamese employee recruitment and management organization, foreign organizations and individuals shall send a written request for recruitment of Vietnamese employee to an organization competent to recruit and manage Vietnamese employees. Such a request must state requirements on vacant jobs, number and technical, professional and foreign skills of to be-recruited employees and recruitment time limit; rights and obligations of the Vietnamese employee and foreign organization or individual in the course of work performance and upon the termination of each job.

Within 15 working days after receiving a written request of a foreign organization or individual, the organization competent to recruit and manage Vietnamese employees shall recruit and manage Vietnamese employees at the request of the foreign organization or individual. Past the above-mentioned time limit, if organizations competent to recruit and manage Vietnamese employees fail to recruit and introduce Vietnamese employees at the request of foreign organizations and individuals, it shall issue a written reply clearly stating the reason.

 3. Within 7 working days after signing a labor contract with the Vietnamese employee, a foreign organization or individual shall send a written notice enclosed with a certified copy of the labor contract signed with the Vietnamese employee and papers specified in Clauses 2 and 4, Article 23 of this Decree to the organization competent to recruit and manage Vietnamese employees. In case the labor contract is signed in a foreign language, the Vietnamese translation is required.

Article 25. Responsibilities of Vietnamese employees working for foreign organizations and individuals

1. To abide by Vietnam’s law on labor.

2. To properly observe terms of labor contracts signed with foreign organizations and individuals.

3. To properly observe regulations of organizations competent to recruit and manage Vietnamese employees work for foreign organizations and individuals.

Article 26. Responsibilities of foreign organizations and individuals employing Vietnamese employees in Vietnam

1. To strictly comply with the Labor Code and current regulations.

2. Comply with the labor contract signed with the Vietnamese employees.

3. Before December 15 every year or on an irregular basis upon request, foreign organizations and individuals, when employing Vietnamese employees, shall send an annual report on the recruitment and employment of Vietnamese employees to work for foreign organizations and individuals using the Form No. 02/PLII  provided in Appendix II attached to this Decree. The deadline for closing the annual report data is from December 15 of the year prior to the reporting period to December 14 of the reporting period and the deadline for submitting the report as follows:

a) Foreign organizations and individuals specified at Points a, b, c, and d, Clause 3, Article 2 of this Decree shall send reports to the organizations competent to recruit and manage Vietnamese employees according to Point a, Clause 1, Article 22 of this Decree;

b) Foreign organizations and individuals specified at Point dd, Clause 3, Article 2 of this Decree shall send reports to organizations competent to recruit and manage Vietnamese employees according to Point b, Clause 1, Article 22 of this Decree.

Article 27. Responsibilities of organizations competent to recruit and manage Vietnamese employees

1. To receive dossiers of registration for recruitment of Vietnamese employees and written requests for Vietnamese employee recruitment of foreign organizations and individuals.

2. To organize the recruitment, introduction and management of Vietnamese employees working for foreign organizations and individuals.

3. To participate in the training and retraining for improvement of skills of Vietnamese employees in accordance with the law to meet requirement of foreign organizations and individuals.

4. Before December 20 every year or on an irregular basis upon request, organizations competent to recruit and manage Vietnamese employees report on the recruitment and management of Vietnamese employees working for foreign organizations and individuals according to the Form No. 03/PLII provided in Appendix II attached to this Decree. The deadline for closing the annual report data is from December 15 of the year prior to the reporting period to December 14 of the reporting period and the deadline for submitting the report as follows:

a) Organizations decentralized, assigned or authorized by the Ministry of Foreign Affairs assigned tasks, placed orders or bidding to recruit and manage Vietnamese employees working for foreign organizations and individuals shall report to the Ministry of Foreign Affairs;

b) Organizations decentralized, assigned or authorized, tasks, placed orders or bidding to recruit and manage Vietnamese employees working for foreign organizations and individuals by the provincial-level Department of Labor, War Invalids and Social Affairs shall report to the provincial-level Department of Labor, War Invalids and Social Affairs;

5. To propose competent agencies and persons to handle the agencies, organizations and individuals that have committed acts of violating this Decree.

6. To perform other tasks as prescribed by law.

Article 28. Responsibilities of employment service organizations and labor leasing enterprises

Before December 15 every year or on an irregular basis upon request, the employment service organization or the labor leasing enterprise shall report on the situation of supplying Vietnamese employees or subleasing Vietnamese employees to work for foreign organizations and individuals in Vietnam according to the Form No. 04/PLII provided in Appendix II attached to this Decree to organizations competent to recruit and manage Vietnamese employees. The deadline for closing the annual report data is from December 15 of the year prior to the reporting period to December 14 of the reporting period.

CHAPTER IV. IMPLEMENTATION PROVISIONS

Article 29. Effect

1. This Decree takes effect on February 15, 2021.

2. The Government’s Decree No. 11/2016/ND-CP dated February 03, 2016, detailing the implementation of a number of articles of the Labor Code regarding foreign employees working in Vietnam (hereinafter referred to as the Decree No. 11/2016/ND-CP) amended and supplemented in the Government’s Decree No. 140/2018/ND-CP dated October 8, 2018, on amends and supplements Decrees related to business investment conditions and administrative procedures under the state management of the Ministry of Labor, War Invalids and Social Affairs (hereinafter referred to as the Decree No. 140/2018/ND-CP) and the Government’s Decree No. 75/2014/ND-CP dated July 28, 2014, detailing the implementation of a number of articles of the Labor Code on recruitment, management of Vietnamese employees working for the foreign organization and individual in Vietnam shall cease to be effective from the effective date of this Decree.

3. Transitional provisions

a) For documents such as written approval for the employment of foreign employees, written certification of work permit exemption certificates and work permits that have been granted or re-granted according to the Decree No. 11/2016/ND-CP, which was amended and supplemented in the Decree No. 140/2018/ND-CP, shall continue to be used until their expiration;

b) In case the labor contract for the foreign employee working in Vietnam has been signed and is still valid before the effective date of this Decree, it may continue to be implemented until the work permit granted according to the Decree No. 11/2016/ND-CP which was amended and supplemented in the Decree No. 140/2018/ND-CP expires.

Article 30. Implementation responsibility

1. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs:

a) Approving the demand for foreign employees; certifying of work permit exemption, granting, re-granting, extending and revoking work permits for foreign employees working for employers specified at Point g, Clause 2, Article 2, and agencies and organizations specified at Points d and e, Clause 2, Article 2 of this Decree, which were approved to be established by the Government, the Prime Minister, ministries and branches;

b) The employer specified at Point a, Clause 2, Article 2 has its head office in one province or city but has a representative office or branch in another province or city, and the employer specified at Point d, Clause 2, Article 2 of this Decree may choose to carry out the approval of the demand for foreign employees; certifying of work permit exemption, grant, re-grant, extension and revocation of work permits at the Ministry of Labor, War Invalids and Social Affairs;

c) Implementing the state management regarding recruitment and management of foreign employees in Vietnam and Vietnamese employees working for foreign organizations and individuals in Vietnam;

d) Assuming the prime responsibility for, and coordinate with ministries and branches in, organizing annual or irregular monitoring, evaluation, examination and inspection of relevant agencies, organizations and enterprises on the implementation of the law on foreign employees in Vietnam and Vietnamese employees working for foreign organizations and individuals in Vietnam;

dd) Assuming the prime responsibility for, and coordinate with ministries, branches, central and local agencies in, guiding, propagating, collecting information, studying and evaluating the effectiveness of the implementation of this Decree;

e) Summarizing and reporting to the Prime Minister on foreign employees in Vietnam and Vietnamese employees working for foreign organizations and individuals upon request;

g) Proposing and handling acts of violation for agencies, organizations and individuals that violate this Decree.

2. Responsibilities of the Ministry of Foreign Affairs:

a) Assuming the prime responsibility for, and coordinate with central and local agencies in, guiding and propagating regulations on recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam under the Ministry of Foreign Affairs’ management;

b) Managing organizations decentralized, authorized, assigned tasks, placed orders or bidding on recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam by the Ministry of Foreign Affairs;

c) Providing guidance on the recruitment and management of Vietnamese employees working for foreign organizations and individuals specified at Points a, b, c and d, Clause 3, Article 2 of this Decree.

Before December 30 every year or on an irregular basis upon request, the Ministry of Labor, War Invalids and Social Affairs shall make an annual report on the recruitment and management of Vietnamese employees working for foreign organizations and individuals using the Form No. 03/PLII provided in Appendix II attached to this Decree. The time for closing the annual report data shall comply with the Government’s regulations on reporting regime of state administrative agencies.

3. Responsibilities of the Ministry of National Defense:

Coordinating with organizations competent to manage foreign employees, Vietnamese employees working for foreign organizations and individuals, and foreign organizations and individuals employing Vietnamese employees in observing the regulations on assurance of social security, order and safety in border areas, border gates, islands, strategic areas, key areas, and critical defense areas.

4. Responsibilities of the Ministry of Public Security:

a) On a monthly basis, providing information about foreign employees who are granted a symbol visa such as: LD, LV, DN and DT to work for agencies, organizations, enterprises to the Ministry of Labor, War Invalids and Social Affairs;

Coordinating with organizations competent to manage Vietnamese employees working for foreign organizations and individuals in Vietnam, and foreign organizations and individuals employing Vietnamese employees in observing the regulations on assurance of social security, order and safety.

5. Responsibilities of provincial-level People’s Committees:

a) Managing and guiding local agencies and organizations to comply with the law on foreign employees working in Vietnam and Vietnamese employees working for foreign organizations and individuals in Vietnam;

b) Direct local authorities to propagate and disseminate laws; examine, inspect and handle violations according to the law on recruitment and management of foreign employees and Vietnamese employees working for foreign organizations and individuals in Vietnam;

c) Directing local agencies and organizations to introduce and supply Vietnamese employees for the contractor;

d) Deciding on permitting the contractor to recruit foreign employees for each job position where Vietnamese employees cannot be recruited in the locality;

d) Approving the job positions that are allowed to employ foreign employees in the locality or assigning to an authorized agency.

6. Responsibilities of the provincial-level Departments of Labor, War Invalids and Social Affairs:

a) Approval of the demand for foreign employees; certifying of work permit exemption, grant, re-grant, extension and revocation of work permits for foreign employees working for employers specified at Points a, b, c, h, j, k, l ,Clause 2, Article 2 , and agencies and organizations specified at Points d, c, Clause 2, Article 2 of this Decree, which are established by the provincial-level People’s Committee, the specialized agency affiliated to the provincial-level People’s Committee or the district-level People’s Committee;

b) The employer specified at Point a, Clause 2, Article 2 has its head office in one province or city but has a representative office or branch in another province or city, and the employers specified at Point d, Clause 2, Article 2 of this Decree may choose to carry out the approval of the demand for foreign employees; certifying of work permit exemption, grant, re-grant, extension and revocation of work permits at the Ministry of Labor, War Invalids and Social Affairs;

c) After receiving a dossier of request for the grant, re-grant and extension of work permits; certifying of work permit exemption, the provincial-level Department of Labor, War Invalids and Social Affairs must record in the monitoring notebook using the Form No. 14/PLI provided in Appendix I attached to this Decree and issue a receipt to the employer. Such a receipt must clearly state the date of receiving the dossier; papers in the dossier and deadline for reply;

d) In case of refusing to certify work permit exemption; or refusing to grant, re-grant or extend the work permit, a written reply shall be made according to the Form No. 15/PLI provided in Appendix I attached to this Decree;

dd) Assuming the prime responsibility for, and coordinate with local agencies in, guiding and propagating this Decree;

e) Performing the state management of foreign employees in Vietnam, and recruitment and management of Vietnamese employees working for foreign organizations and individuals under the local management;

g) Managing organizations decentralized, authorized, assigned the tasks, placing order or bidding on recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam by the Department of Labor, War Invalids and Social Affairs;

h) Inspecting, examining and supervising the observance of the law on foreign employees in Vietnam, recruitment and management of Vietnamese employees working for foreign organizations and individuals under local management.

i) Before December 30 every year or on an irregular basis upon request, the Department of Labor, War Invalids and Social Affairs sends the Ministry of Labor, War Invalids and Social Affairs annual reports on the recruitment and management of Vietnamese employees working for foreign organizations and individuals under their management according to the Form No. 03/PLII provided in Appendix II attached to this Decree. The time for closing the annual report data shall comply with the Government’s regulations on reporting regime of state administrative agencies.

7. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees and related agencies, organizations and individuals shall be responsible for the implementation of this Decree./.

* All Appendices are not translated herein.

2. DECREE 70/2023/ND-CP (AMENDING DECREE 152/2020/ND-CP)

DECREE 70/2023/ND-CP

September 18, 2023

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

Pursuant to the Law on Organization of the Government dated June 19, 2015, and the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Labor Code dated November 20, 2019;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Enterprises dated June 17, 2020;

At the proposal of the Minister of Labor, Invalids and Social Affairs;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

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

1. To amend and supplement a number of points and clauses of Article 3 as follows:

a) To amend and supplement Point a Clause 3 Article 3 as follows:

“a) Graduating from university or higher or equivalent and having at least 3 years’ working experience in his/her trained discipline relevant to his/her expected job assignment in Vietnam.”.

b) To amend and supplement Clause 5 Article 3 as follows:

“5. Executive includes one of the following persons:

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

b) The person who leads and directly manages at least one field of an agency, organization, or enterprise, and is subject to the direct direction and management of the head of such agency, organization, or enterprise.”.

c) To amend and supplement Point a Clause 6 Article 3 as follows:

“a) Having been trained for at least 1 year and having at least 3 years’ working experience relevant to his/her expected job assignment in Vietnam.”.

2. To amend and supplement Article 4 as follows:

“Article 4. Employment of foreign workers

1. Determination of the demand for employment of foreign workers

a) At least 15 days before the expected date of employment of foreign workers, employers (except contractors) shall determine their demand for employment of foreign workers for each job assignment which Vietnamese workers cannot perform, and send a report, made according to Form No. 01/PLI provided in Appendix I to this Decree, to the Ministry of Labor, Invalids and Social Affairs or provincial-level Departments of Labor, Invalids and Social Affairs of localities where foreign workers are expected to work.

If changing their demand for employment of foreign workers in terms of job assignment, job title, working form, number or location, at least 15 days before the expected date of employment of foreign workers, employers shall send a report on the change, made according to Form No. 02/PLI provided in Appendix I to this Decree, to the Ministry of Labor, Invalids and Social Affairs or provincial-level Departments of Labor, Invalids and Social Affairs.

b) For 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, employers are not required to determine their demand for employment of foreign workers.

c) From January 1, 2024, the notice of recruitment of Vietnamese workers for job assignments expected to recruit foreign workers shall be posted on the Ministry of Labor, Invalids and Social Affairs’ e-portal (the Department of Employment) or e-portals of Centers of Employment Services established under decisions of Chairpersons of provincial-level People’s Committees for at least 15 days after the expected date of explanatory report to the Ministry of Labor, Invalids and Social Affairs or provincial-level Departments of Labor, Invalids and Social Affairs of localities where foreign workers are expected to work. Such a recruitment notice must include the following information: Job assignment and title, job description, number, requirements on qualifications, experience, salary, working time and location. After failing to recruit Vietnamese workers for job assignments expected to recruit foreign workers, employers shall determine their demand for employment of foreign workers under Point a Clause 1 of this Article.

2. The Ministry of Labor, Invalids and Social Affairs or provincial-level Departments of Labor, Invalids and Social Affairs shall, within 10 working days after receiving an explanatory report or explanatory report on changes in the demand for employment of foreign workers, issue documents on approval or disapproval of the employment of foreign workers for each job assignment according to Form No. 03/PLI provided in Appendix I to this Decree.”.

3. b) To add Clause 3 Article 6 as follows:

“3. In case where a foreign worker works for an employer in different provinces or centrally-run cities, such employer shall, within 3 working days from the date on which the foreign worker starts working, submit a report, made according to Form No. 17/PLI provided in Appendix I to this Decree, via the electronic environment, to the Ministry of Labor, Invalids and Social Affairs and provincial-level Departments of Labor, Invalids and Social Affairs of localities where the foreign worker works.”.

4. To amend and supplement a number of clauses of Article 7 as follows:

b) To amend and supplement Clause 6 Article 7 as follows:

“6. He/she is sent by a foreign authority to Vietnam to carry out lecturing activities, or to act as the manager or executive at educational institutions established in Vietnam under the proposal of the diplomatic representative missions or inter-governmental organizations; or at establishments or institutions established under treaties which Vietnam has signed or acceded to.”

b) To amend and supplement Clause 14 Article 7 as follows:

“14. He/she is certified by the Ministry of Education and Training as a foreigner entering Vietnam to:

a) Carry out lecturing and research activities;

b) Act as the manager, executive, principal, or vice principal at educational institutions established in Vietnam under the proposal of the diplomatic representative missions or inter-governmental organizations.”.

5. To amend and supplement a number of points and clauses of Article 9 as follows:

a) To amend and supplement Clause 1 Article 9 as follows:

“1. An employer’s application for a work permit, made according to Form No. 11/PLI provided in Appendix I to this Decree. In case where a foreign worker works for an employer in different locations, such application for a work permit must indicate all working locations.”

c) To amend and supplement Point a and Point b Clause 4 Article 9 as follows:

a) A paper proving that the foreign worker is a manager, or an executive as defined in Clauses 4, 5 Article 3 of this Decree, including 3 types of papers as follows:

A company charter or operational regulation of an agency, organization or enterprise;

An enterprise registration certificate, establishment certificate, establishment decision or other documents of equivalent legal validity;

A resolution or decision on appointment of the agency, organization or enterprise.

b) A paper proving that the foreign worker is an expert or technical worker as defined in Clauses 3, 6 Article 3 of this Decree, including 2 types of papers as follows:

A degree or certificate;

A written certification of the expert’s or technical worker’s working experience issued by an overseas agency, organization, or enterprise, or issued work permit, or issued certificate of exemption from work permit.”.

c) To amend and supplement the title of Clause 8 Article 9 as follows:

“8. Papers related to the foreign worker, except for those specified at Point a Clause 1 Article 2 of this Decree.”.

d) To amend and supplement Point e Clause 8 Article 9 as follows:

“e) For a foreign worker specified at Point i Clause 1 Article 2 of this Decree, he/she shall produce a document of the foreign enterprise, agency or organization sending him/her to work in Vietnam as suitable to the job assignment he/she is expected to perform, or a paper proving he/she is the manager as prescribed in Clause 4 Article 3 of this Decree.”.

dd) To add Point c Clause 9 Article 9 as follows:

“c) For a foreign worker being an expert or technical worker who has his/her work permit extended once, and wishes to continue working at the same job assignment and title as that stated in the work permit, his/her dossier of application for a new work permit must comprise the papers specified in Clauses 1, 2, 5, 6, 7, and 8 of this Article, and a copy of the granted work permit.”.

6. a) To amend and supplement Clause 2 Article 11 as follows:

“2. Within 5 working days after receiving a complete dossier of application for a work permit, the Ministry of Labor, Invalids and Social Affairs or provincial-level Department of Labor, Invalids and Social Affairs of the locality where the foreign worker is expected to work shall issue a work permit to the foreign worker according to Form No. 12/PLI provided in Appendix I to this Decree. In case of refusal to issue such a work permit, it shall issue a written reply clearly stating the reason.

A work permit has A4 size (21 cm x 29.7 cm) and consists of two pages of which page 1 is blue and page 2 has a white background and blue patterns with a star in the middle. A work permit is coded as follows: province or centrally-run city codes and codes of the Ministry of Labor, Invalids and Social Affairs according to Form No. 16/PLI provided in Appendix I to this Decree; the last 2 digits of the year of granting the permit; type of permit (new issuance – symbol 1; extension – symbol 2; re-issuance – symbol 3); serial number (from 000.001).

In case where the work permit is made in electronic form, it must comply with relevant laws and contain the information specified in Form No. 12/PLI provided in Appendix I to this Decree.”.

7. To amend and supplement Clause 3 Article 12 as follows:

“3.  The enterprise identification number stated in the valid work permit remains unchanged but the worker’s full name, citizenship, passport number, working place or the enterprise’s name stated therein is changed.”.

8. To amend and supplement Clause 7 Article 17 as follows:

“One of the papers specified in Clause 8 Article 9 of this Decree proving that the foreign worker continues to work for the employer under the issued work permit, except for the cases where the foreign worker works under Point a Clause 1 Article 2 of this Decree.”.

9. To amend and supplement Point b Clause 1 Article 22 as follows:

“b) Organizations that are decentralized or authorized or perform tasks assigned or orders placed or carry out bidding activities as assigned by provincial-level People’s Committees.”.

10. To amend and supplement Point b Clause 4 Article 27 as follows:

“b) Organizations that are decentralized or authorized or perform tasks assigned or orders placed or carry out bidding activities as assigned by provincial-level People’s Committees in recruitment and management of Vietnamese workers working for foreign organizations and individuals shall send reports to provincial-level Departments of Labor, Invalids and Social Affairs.”.

11. To amend and supplement a number of points and clauses of Article 30 as follows:

a) To amend and supplement Point a Clause 1 Article 30 as follows:

“a) To approve the demand for employment of foreign workers; to certify exemption from work permit; issue, re-issue, extend and revoke work permits for foreign workers falling into one of the following cases:

Working for the employers specified at Point g Clause 2 Article 2, and employers specified at Points c, d, e Clause 2 Article 2 of this Decree that are established under permission of the Government, Prime Minister, ministries, ministerial-level agencies or government-attached agencies;

Working for an employer in different provinces and centrally-run cities.”.

b) To amend and supplement Point c Clause 1 Article 30 as follows:

“c) To perform the unified state management of recruitment and management of foreign workers in Vietnam from central to local levels, and management of Vietnamese workers working for foreign organizations or individuals in Vietnam.”.

c) To amend and supplement Clause 3 Article 30 as follows:

3. Responsibilities of the Ministry of National Defense:

a) To coordinate with agencies competent to manage foreign workers, Vietnamese workers working for foreign organizations or individuals in Vietnam in implementing law regulations on assurance of security and order strategic areas, key areas, and important areas in terms of national defense.

b) To direct the Border Guard to coordinate with functional forces to manage and inspect Vietnamese workers working for foreign organizations and individuals in Vietnam and foreign workers working in the border areas, border gates, islands, and sea areas to firmly protect the territorial sovereignty, security, and national borders of the Fatherland.”.

d) To amend and supplement Point a Clause 4 Article 30 as follows:

“a) Monthly, to provide the Ministry of Labor, Invalids and Social Affairs with information on foreign workers who are issued visas coded DN1, DN2, LV1, LV2, LD1, LD2, DT1, DT2, DT3, DT4 to work for agencies, organizations or enterprises;”.

dd) To amend and supplement Point a Clause 6 Article 30 as follows:

“a) To approve the demand for employment of foreign workers; to certify exemption from work permit; issue, re-issue, extend and revoke work permits for foreign workers falling into one of the following cases:

Working for the employers specified at Points a, b, h, i, k, and l Clause 2 Article 2, and the agencies and organizations specified at Points c, d, and e, Clause 2 Article 2 of this Decree that are established by provincial-level People’s Committees, specialized agencies of provincial-level People’s Committees or district-level People’s Committees;

Working for an employer in different places in the same province or centrally-run city.”.

12. To amend and supplement a number of forms as follows:

a) To replace Forms No. 01/PLI; No. 02/PLI; No. 07/PLI; No. 08/PLI provided in Appendix I to Decree No. 152/2020/ND-CP with Forms No. 01/PLI; No. 02/PLI; No. 07/PLI; No. 08/PLI in the Appendix to this Decree;

b) To add Form No. 16/PLI and Form No. 17/PLI to Appendix I to Decree No. 152/2020/ND-CP.

13. To replace and add a number of words and phrases to the following points, clauses, articles and appendices:

a) To replace the phrase “Chairpersons of provincial-level People’s Committees” in Clause 1 Article 5 with the phrase “provincial-level Departments of Labor, War Invalids”; to replace the phrase “Chairpersons of provincial-level People’s Committees shall direct” with the phrase “provincial-level Departments of Labor, War Invalids shall request” in Clause 2 Article 5;

b) To replace the phrase “Clauses 4, 6 and 8 Article 154” with the phrase “Clause 4 and Clause 6 Article 154” and replace the phrase “3 days” with the phrase “3 working days” in Clause 2 Article 8;

c) To replace the phrase “translated into Vietnamese and certified” with the phrase “translated into Vietnamese and notarized or certified” at Point e Clause 3 Article 8;

d) To 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;

dd) To replace the phrase “The papers specified in Clauses 3 and 4 of this Article” with the phrase “The papers specified in Clause 3 of this Article” in Clause 5 Article 13;

e) To 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) To replace the phrase “A certified copy of the passport” with the phrase “A certified copy of the passport or a passport’s copy certified by the employer” at Point d Clause 3 Article 8; Clause 7 Article 9 and Clause 5 Article 17;

h) To replace the phrase “20. Salary: …… VND” with the phrase “20. Average salary/month: …… million dong” in Form No. 11/PLI provided in Appendix I to Decree No. 152/2020/ND-CP;

i) To replace the phrase “People’s Committee of province/city ……” with the phrase “Department of Labor, Invalids and Social Affairs of ……..” in Form No. 03/PLI provided in Appendix I to Decree No. 152/2020/ND-CP;

k) To replace the phrase “Director/Chairperson of provincial-level People’s Committee” with the phrase “Director”, replace the phrase “At the proposal given in Document No.” with the phrase “At the proposal and information provided in Document No.” in Form No. 03/PLI provided in Appendix I to Decree No. 152/2020/ND-CP;

l) To replace the phrase “Chairperson of People’s Committee of province/city ……” with the phrase “Department of Labor, Invalids and Social Affairs of ……..” in Forms No. 04/PLI, 05/PLI and 06/PLI provided in Appendix I to Decree No. 152/2020/ND-CP;

m) To replace the phrase “On behalf of People’s Committee of province/city…./Chairperson” with the phrase “Director” in Form No. 06/PLI provided in Appendix I to Decree No. 152/2020/ND-CP.

n) To add the phrase “(Enterprise/organization) undertakes that the above information is true, and that the (enterprise/organization) takes full responsibility before the law for it” after Section 24 of Form No. 09/PLI provided in Appendix I to Decree No. 152/2020/ND-CP.

o) To add the phrase “Department of Immigration (the Ministry of Public Security)” in section “Recipients” in Form No. 13/PLI provided in Appendix I to Decree No. 152/2020/ND-CP.

14. To repeal a number of points and clauses as follows:

a) To repeal Clause 4 Article 13;

b) To repeal Points c, d, dd Clause 5 and Point g Clause 6 of Article 30;

c) To repeal Point a Clause 6a Article 30 of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, which was amended and supplemented under the Government’s Decree No. 35/2022/ND-CP dated May 28, 2022, providing the management of industrial parks and economic zones.

Article 2. Repealing a number of provisions of the Government’s Decree No. 35/2022/ND-CP dated May 28, 2022, providing the management of industrial parks and economic zones

1. To repeal the first paragraph “Granting, re-granting, extending and revoking work permits for foreign workers in industrial parks and economic zones and certifying foreign workers’ eligibility for exemption from work permit” and the phrase “receiving reports on employment of foreign workers” at Point dd Clause 2 Article 68.

2. To repeal the paragraph “to receive explanatory reports of enterprises in industrial parks and economic zones on the demand for foreign workers for each position which Vietnamese cannot fill in” at Point c Clause 3 Article 68.

Article 3. Implementation provisions

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

2. Transitional provisions:

For explanatory reports on employment of foreign workers, dossiers of request for certification of exemption from work permit; issuance, re-issuance or extension of work permits that have been submitted to the Ministry of Labor, Invalids and Social Affairs, provincial-level People’s Committees, provincial-level Departments of Labor, Invalids and Social Affairs, Management Boards of Industrial Parks, Economic Zones or Hi-tech zones by foreign workers before the effective date of this Decree, the provisions of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, and the Government’s Decree No. 35/2022/ND-CP dated May 28, 2022, providing the management of industrial parks and economic zones, shall be applied.

* All Appendices are not translated herein.