On September 18, 2023, the Government issued Decree 70/2023/ND-CP amending and supplementing certain provisions of Decree 152/2020/ND-CP, which regulates foreign workers in Vietnam, as well as the recruitment and management of Vietnamese laborers working for foreign organizations or foreigners in Vietnam (“Decree 152”). This Decree, known as Decree 70, has come into effect on the date of issuance.
This article summarizes some notable changes in the conditions for foreign workers in Vietnam as follows.
1. Conditions for foreign experts as foreign workers:
Under the previous regulations, point a, clause 3, Article 3 of Decree 152 stipulated one of the conditions for a foreign worker to qualify as an expert: “Graduate from university or higher or equivalent and have at least 3 years of work experience in a specialized field relevant to the intended job position in Vietnam.”
In the present, point a, Article 1 of Decree 70 has amended the provision mentioned above. Furthermore, the requirement is now amended to: “Graduate from university or higher or equivalent and have at least 3 years of work experience appropriate for the intended job position in Vietnam”.
2. Conditions for Chief Executive Officers (CEO)
Point 5 of Article 3 in Decree 152 stipulated that: “The Chief Executive Officer is the person who leads and directly manages a unit under an agency, organization, or enterprise”.
Currently, point b, Article 1 of Decree 70 has amended the above provision to specify and further extend the positions considered as foreign CEOs, including:
Be the head of a branch, representative office, or the business location of the enterprise; or
The person who leads and directly operates at least one area of an organization or enterprise and is subject to the direction and management of the head of the organization or enterprise.
3. Conditions for technical workers
Clause 6 of Article 3 in Decree 152/2020/ND-CP defined technical workers as foreign workers who: “Have received specialized training in the field of technical or others for at least 01 year and have worked for at least 03 years in the field they were trained for.”
In the present, point c, Article 1 of Decree 70 has been amended to provide more favorable conditions for foreign workers. Specifically, according to the new regulation, technical workers are foreign workers falling into one of the following cases: “Has professional training for at least one year and has at least 3 years of experience appropriate to the job position they are applying for.”
Prepared by LLVN.
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