How to determine demand for foreign workers in Vietnam? When to report on employment of foreign workers in Vietnam?
How to determine demand for foreign workers in Vietnam?
Pursuant to Article 4 of Decree No. 152/2020/ND-CP stipulating as follows:
Employment of foreign workers
1. Determination of demand for foreign workers
a) At least 30 days before the date on which foreign workers are expected to be employed, the employer (except contractor) shall determine the demand for foreign workers for every job position for which Vietnamese workers are underqualified and send a corresponding report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province or central-affiliated city (hereinafter referred to as province) where the foreign workers are expected to work, using Form No. 01/PLI Appendix I hereto appended.
During the process, in case of any change to the demand for foreign workers, the employer shall send a report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province, using Form No. 02/PLI Appendix I hereto appended at least 30 days before the date on which the foreign worker are expected to be employed.
b) If the foreign worker falls under any case of clause 3, 4 and 5 Article 154 of the Labor Code and clauses 1, 2, 8, 9, 10, 11, 12 and 13 Article 7 of this Decree, the employer is not required to determine the demand for foreign workers.
2. The Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province shall issue a document specifying accepted job positions and non-accepted job positions, using Form No. 03/PLI Appendix I hereto appended within 10 working days after receiving the foregoing report on demand for foreign workers or report on change thereof.
According to the above regulations, the employer must determine demand for foreign workers in the job positions that Vietnamese workers cannot meet and report to the Department of Labor - Invalids and Social Affairs. The society in which the foreign worker is expected to work is at least 30 days in advance from the date of employment of the foreign worker.
If there is a change in the demand for foreign workers during the working process, the employer must report it to the competent authority.
How to determine demand for foreign workers in Vietnam? When to report on employment of foreign workers in Vietnam?
When to report on employment of foreign workers in Vietnam?
Pursuant to Article 6 of Decree No. 152/2020/ND-CP stipulating as follows:
Report on employment of foreign workers
1. Prior to July 5 and January 5 of the following year, the employer of foreign workers shall send a first-half-year report and an annual report on employment of foreign workers, using Form No. 07/PLI Appendix I hereto appended. The reporting period of the first 6 months is from December 15 of the previous reporting year to June 14 of the reporting year, the reporting period of the annual report is from December 15 of the previous reporting year to December 14 of the reporting year.
2. Prior to July 15 and January 15 of the following year or on ad-hoc basis, Department of Labor, War Invalids and Social Affairs shall send a report on employment of foreign workers in the province to the Ministry of Labor, War Invalids and Social Affairs, using Form No. 08/PLI Appendix I hereto appended The reporting period of the first 6 months and the whole year complies with regulations of the Government on reporting regime of regulatory agencies.
Thus, prior to July 15 and January 15 of the following year, employers hiring foreign workers shall send a first-half-year report and an annual report on employment of foreign workers.
Are employers required to explain to the state agency when using foreign workers in Vietnam?
Pursuant to Article 152 of the 2019 Labor Code in Vietnam stipulating as follows:
Requirements for employment of foreigners in Vietnam
1. Enterprises, organizations, individuals and contractors shall only employ foreigners to hold positions of managers, executive directors, specialists and technical workers, the professional requirements for which cannot be met by Vietnamese workers.
2. Recruitment of foreign employees in Vietnam shall be explained and subject to written approval by competent authorities.
3. Before recruiting foreign employees in Vietnam, a contractor shall list the positions, necessary qualifications, skills, experience and employment period of the contract, and obtain a written approval from a competent authority.
Thus, before recruiting foreign workers, the employer must explain the demand for foreign workers to competent authorities.
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