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New decree of changing and supplementing on the use of foreign employee in Vietnam

13-10-23 MTParners

The Government recently issued the Decree number 70/2023/ND-CP dated 18 September 2023 (“Decree 70) to change, supplement some articles of Decree number 152/2020/NĐ-CP dated 30 December 2020 (“Decree 152”) regulating about the foreign employees working at Viet Nam and the employment, management of Vietnamese employees in the foreign organization and person in Viet Nam.

In which, It sets out some important changes and supplementations to the use of the foreign employees by the businesses in Viet Nam.

For instance, under the Decree 152, the title Managing Director shall be the leader and directly manage subsidiary units of bodies, organizations, businesses. But Decree 70 has clearly defined the title Managing Director applied to the foreign employee who are falling in one of the following cases:

• As of the leaders of branch, RO or business locations of the businesses.
• As of the leaders of and at least directly manages one business sector of bodies, organization, businesses subjecting to the direction, direct management of the leaders of such bodies, organization, businesses.

The aforesaid amendment may help the businesses who are in need of using foreign employees as well as the licensing authority in quickly and easily determining the title Managing Director of the foreign employee.

Decree 70 simultaneously reduces the procedural period in determine the demand of using foreign employees by the employer which is from 30 days down to 15 days from the date the employer expects to use the foreign employee, supplement more working positions which are not subject to the request of carrying out the procedure of determining the demand of using foreign employees.

Decree70 took effect from 18^th September 2023 and was accompanied with some new mandatory forms applied to the use of foreign employees in Viet Nam.

MT & Partners provides our readers with the entire content of Decree number 70 as attached hereunder.

Nghị định 70_2023_ND-CP_579513