Finally some relief and regulatory transparency for Foreigners working in Vietnam.

The recent amendments introduced by Decree 70/2023 to Decree 152/2020 in Vietnam have brought several changes to the regulations regarding work permits and visas for foreigners. Here are the key points and their potential impact on foreigners in Vietnam.

Key Changes:

1. Public Notification Requirement: Employers must now publicly notify the recruitment of Vietnamese workers for the same position at least 15 days before applying for foreign labor usage. This step is mandatory before proceeding with the work permit application.
2. Relaxed Eligibility Criteria: The conditions for work permit eligibility as “experts” or “technical workers” have been relaxed. Now, past experience suitable for the job position is sufficient, even if the degree is not directly relevant.
3. Work Permit Issuance: A single work permit is now required for foreign employees working in multiple locations or provinces, provided all locations are declared in the application.
4. Authority Clarification: The Department of Labor, Invalids and Social Affairs (DOLISA) will now handle work permit issuance for foreign employees working in various locations within one province or city, while the Ministry of Labor, Invalids and Social Affairs (MOLISA) will issue permits for those working in multiple provinces or cities.
5. Removal of Exemption: The exemption for work permit waiver applications for foreign employees with Vietnamese spouses has been removed. Expats with Vietnamese spouses will now need to apply for a work permit waiver.
6. Industrial Zone Authority: Industrial Zone Management Boards no longer have the authority to grant work permits. DOLISA will now handle this responsibility.

 Impact on Foreigners:

• Increased Transparency: The public notification requirement aims to ensure transparency and give Vietnamese workers a fair chance at job opportunities.
• Simplified Work Permit Process: The relaxed eligibility criteria and single work permit for multiple locations simplify the process for foreign workers.
• Additional Administrative Steps: Foreigners with Vietnamese spouses will need to go through additional administrative steps to obtain a work permit waiver.
• Centralized Authority: The clarification of authority for work permit issuance aims to streamline the process and reduce confusion.

These changes are designed to balance the need for foreign expertise with opportunities for local employment, while also simplifying administrative processes for foreign workers.(Source: Russin & Vecchi International Lawyers, Ho Chi Minh City, Vietnam).