New Work Permit Rules - Legal Update On New Decree Amending The Current Regulations On Work Permit

On 18 September 2023, the Government issued Decree No. 70/2023/ND-CP on amendments and supplementations to Decree No. 152/2020/ND-CP on foreign workers working in Vietnam, and recruitment and management of Vietnamese workers working for foreign employers in Vietnam ("Decree 70"). At a glance, the key points to note of Decree 70 are as follows:

1. Adjustments to relax the conditions and requirements of Expert, CEO and Technical labor (i.e. more relaxed conditions for the mentioned positions, clearer definition for the job position of "business managers", etc.) to match the common practice of these positions;
2. Removal of the exemption of Work Permit's waiver application to foreign employees with Vietnamese spouses. In other words, expats with Vietnamese spouse, after the effective date of Decree 70, will have to implement the waiver application to be allowed to work in Vietnam;