Vietnam Labor Law Updates: Work Permit Procedures from Sep 18, 2023

On September 18, 2023, the Government of Vietnam enacted Decree No. 70/2023/ND-CP, ushering in immediate modifications to Vietnam’s work permit procedures. These changes are geared towards optimizing regulations and placing a renewed emphasis on the local labor force over foreign workers. Below, we highlight key aspects of this decree that are crucial to understand.

1. Work Permit Exemptions for Foreigners Married to Vietnamese Citizens

• Starting September 18, 2023, employers are now obliged to secure work permit exemptions for foreign employees who are married to Vietnamese citizens residing in Vietnam. Previously, only foreign employment usage approval was required for such cases. The significance of this change lies in the shift from approval to an exemption application process, requiring employers to submit an application dossier for work permit exemption. Consequently, foreign workers must now weigh the advantages of opting for a work permit exemption, considering that the process may entail a similar investment of time and resources as obtaining a work permit. This shift could significantly impact the choices made by foreign workers in Vietnam.

2. Mandatory Recruitment Posting on Government Websites

• Effective January 1, 2024, employers must publish recruitment posts on the Electronic Information Portal managed by the Department of Employment (DOE) or the Electronic Information Portal of the provincial Employment Center. These posts must be made at least 15 days prior to submitting applications for foreign employment usage for the respective positions. This alteration underscores Vietnam’s commitment to prioritizing local labor resources over foreign workers and seeks to enhance transparency in recruitment practices.

3. Streamlined Professional Document Requirements

Decree 70 has simplified the terminology and conditions for specific job categories, including:

• Experts: An expert is now defined as an individual who has graduated from a university or its equivalent and possesses a minimum of three years of experience relevant to the intended job position in Vietnam. Alternatively, an expert can have at least five years of experience and hold a certificate confirming their suitability for the job.
• Executive Directors: The role of an executive director is now subject to either being the head of a branch, representative office, or business location of the enterprise or being the individual responsible for directly overseeing at least one aspect of the entity and operating under the direct supervision of the entity’s head.
• Technical Workers: A technical worker is someone who fits into one of the following categories: they have completed a minimum of one year of professional training and have at least three years of relevant experience for the applied position, or they possess a minimum of five years of work experience related to the job position they intend to undertake.

These regulatory amendments reflect Vietnam’s evolving approach to foreign labor and aim to streamline processes for both employers and foreign workers. Stay informed about these changes to ensure compliance with Vietnamese employment laws. Please contact Magnify’s team for more advice. 

Vietnam Labor Law Updates: Work Permit Regulations