On September 18, 2023, the Government issued Decree no. 70/2023/ND-CP amending and supplementing a number of articles of Decree no. 152/2020/ND-CP regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam.
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Specifically, Decree 70/2023/ND-CP has amended many regulations related to foreign workers working in Vietnam, including regulations on determining the need to employ foreign workers, as follows:
Firstly, shorten the time limit for reporting/explaining changes in the need to use foreign workers. Accordingly:
At least 15 days in advance from the expected date of using foreign workers, employers (except contractors) are responsible for determining the need to use foreign workers for each job position that Vietnamese workers have not yet met and reported to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work according to Form No. 01/PLI Appendix I issued with Decree 70/2023/ND-CP.
During the implementation process, if there is a change in the need to use foreign workers in terms of position, job title, form of work, quantity, and location, the employer must report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs according to Form No. 02/PLI Appendix I issued with Decree 70/2023/ND-CP at least 15 days in advance from the expected date of employment of workers foreign movement.
Thus, the time limit for reporting/explaining changes has been shortened from 30 days according to Decree 152/2020/ND-CP to 15 days according to Decree 70/2023/ND-CP.
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Secondly, additional responsibility for notification of recruitment of Vietnamese workers on the Electronic Information Portal:
From 01/01/2024, the notification of recruitment of Vietnamese workers into positions expected to recruit foreign workers is made on the Electronic Information Portal of the Ministry of Labor, War Invalids and Social Affairs (Department of Employment) or Electronic information portal of the Employment Service Center established by the Chairman of the People's Committee of the province or city within at least 15 days from the expected date of explanation report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work.
The content of the recruitment announcement includes: position and job title, job description, quantity, requirements for qualifications, experience, salary, working time and location.
After failing to recruit Vietnamese workers to positions recruiting foreign workers, the employer is responsible for determining the need to use foreign workers according to the instructions above.
Thirdly, add reporting responsibilities in case of foreign workers work for one employer in many localities
In case a foreign worker works for an employer in many provinces and central cities, within 3 working days from the date the foreign worker starts working, the employer must report via the electronic environment to the Ministry of Labor, War Invalids and Social Affairs and the Department of Labor, War Invalids and Social Affairs where the foreign worker comes to work according to Form No. 17/PLI appendix I issued herewith according to Decree 70/2023/ND-CP.
Decree 70/2023/ND-CP takes effect from September 18, 2023.
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