Decree 70 changes the classification criteria for foreign workers defined as 'experts' and 'technical workers' and the related work permit eligibility conditions, as they are no longer required to have bachelor's degrees or training directly related to their intended job positions in Viet Nam. 

Foreigners with a bachelor's degree (or higher) and at least three years of suitable working experience for the position in Viet Nam can be considered "experts." In comparison, 'technical workers' must have been trained for at least one year and have at least five years of work experience appropriate to the position in Viet Nam.

The approval process for hiring a foreign worker has also been simplified. Employers will now have to report and explain to the Ministry of Labour, War Invalids and Social Affairs that a local worker cannot fill the position for which they are hiring a foreign worker until 15 days (and no longer 30 days) before the job starts.

As of 1 January 2024, employers will also have to publish the positions for which they wish to hire a foreign worker on the electronic portal of the Ministry of Labour, War Invalids and Social Affairs (Department of Labour) or the electronic portal of the Job Centre, specifying the position and job title, job description, quantity of positions to be filled, qualification requirements, necessary experience, salary, working hours and location.

The Decree also introduces certain exemptions for foreign workers from work permits for persons teaching or conducting research at international schools affiliated with diplomatic missions or foreign workers approved by the Ministry of Education and Training for teaching and research.

The simplification of procedures for hiring foreign workers is a process that has also recently been adopted in Canada, as we have reported here, and, in a different way, also in Portugal.