On 18 September 2023, the Government enacted Decree 70/2023/ND-CP ("Decree") to amend and supplement Decree 152/2020/ND-CP. The Decree, which came into effect from the same date of its enactment, notably amends certain procedures concerning the hiring of foreign workers in Vietnam.
The Decree now requires foreigners with Vietnamese spouses to apply for a work permit exemption with the labour authorities. In the past, such foreigners were exempt from this requirement.
It also introduces a requirement for employers to, at least 15 days before seeking approval for use of foreign labour, publish a job application notice for Vietnamese employees on the electronic portal of the Employment Department of the Ministry of Labor, Invalids and Social Affairs (MOLISA) or a qualified job service centre. This requirement was introduced to ensure that foreign workers were only being hired for positions which Vietnamese employees are unable to fill.
