This is one of the important contents prescribed in the Decree No. 70/2023/ND-CP on amending a number of the Decree No. 152/2020/ND-CP on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.
In particulars, after failing to recruit Vietnamese workers for job assignments expected to recruit foreign workers, employers shall determine their demand for employment of foreign workers from January 01, 2024 as prescribed in Clause 2, Article 1 of the Decree 70.
So, enterprises are only allowed to employ foreign workers if failing to recruit Vietnamese workers for job assignments expected to recruit foreign workers from January 01, 2024
The Decree also points out clearly that From January 1, 2023, the notice of recruitment of Vietnamese workers for job assignments expected to recruit foreign workers shall be posted on:
- The Ministry of Labor, Invalids and Social Affairs’ e-portal (the Department of Employment); or
- E-portals of Centers of Employment Services established under decisions of Chairpersons of provincial-level People’s Committees.
Such a recruitment notice must include the following information:
- Job assignment and title;
- Job description;
- Requirements on qualifications;
- Working time and location.
Besides, the Decree No. 70/2023 of the Government amends the conditions for the foreign workers in Vietnam. Within that, foreign workers who work in Vietnam as experts must:
Graduate from university or higher or equivalent and having at least 03 years’ working experience in his/her trained discipline relevant to his/her expected job assignment in Vietnam.
(Possessing a university or equivalent or higher degree and at least 3 years’ working experience in his/her trained discipline relevant to his/her expected job assignment in Vietnam).
- Having at least 5 years’ experience and possessing a practice certificate relevant to his/her expected job assignment in Vietnam;Decree No. 70/2023/ND-CP takes effect on September 18, 2023.