The key changes introduced by Decree No. 70/2023 are as follows:
Change in the authority responsible for approving the employment of foreign workers:
The authority responsible for approving the employment of foreign workers is as follows:
The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall issue a written approval or disapproval of each job position using Form No. 03/PLI as specified in Appendix I of Decree No. 70/2023/NĐ-CP. This must be done within 10 working days of receiving the report on demand for foreign workers or any changes to it. (Clause 2, Article 1)
(Previously, the authority to approve or disapprove the employment of foreign workers belonged to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province or central-affiliated city)
Change in the reporting time to explain the need for employing foreign workers
Compared to Decree No. 152/2020/NĐ-CP, Decree No. 70/2023/NĐ-CP has reduced the reporting and explanation time to at least 15 days before the expected employment date of foreign workers. (Clause 2, Article 1)
During the process, in case of change to the demand for foreign workers in term of position, job title, form of work, quantity, and location, it must be reported at least 15 days in advance of expected employment date of foreign workers.
(Previously, at least 30 days before the expected employment date of foreign workers.)
Decree No. 70/2023/NĐ-CP takes effect from 18 September 2023.