Procedure for Proposing the Recruitment of Vietnamese Workers for Positions Intended for the Recruitment of Foreign Workers at the Provincial Level.
Process for Requesting the Recruitment of Vietnamese Workers for Positions Potentially Occupied by Foreign Workers at the Provincial Level
Based on the regulations in Subsection 2 Section B on administrative procedures amended and supplemented within the domain of employment under the state management function of the Ministry of Labor - Invalids and Social Affairs, issued with Decision 1560/QD-LDTBXH of 2023, the process for requesting the recruitment of Vietnamese workers for positions potentially occupied by foreign workers at the provincial level for the year 2024 is regulated as follows:
Step 1: Before recruiting foreign workers, the contractor is responsible for declaring the quantity, qualification, professional competence, and experience of the foreign workers needed to execute the package in Vietnam.
Step 2: Submit a request to recruit Vietnamese workers for the positions projected to employ foreign workers to the Department of Labor - Invalids and Social Affairs where the contractor is executing the package.
Note: In cases where the contractor wishes to adjust or supplement the declared number of workers, the project investor must confirm the plan for adjustment or supplementation of the labor demand, as required by the contractor.
Step 3: The Department of Labor - Invalids and Social Affairs directs local agencies and organizations to recommend and supply Vietnamese workers to the contractor or cooperate with agencies and organizations in other localities to recommend and supply Vietnamese workers to the contractor.
Note on the labor supply time frame:
- A maximum of 2 months from the date of receiving the request for recruiting 500 or more Vietnamese workers.- A maximum of 1 month from the date of receiving the request for recruiting between 100 to below 500 Vietnamese workers.- 15 days from the date of receiving the request for recruiting below 100 Vietnamese workers.
In cases where the specified time expires and no Vietnamese workers have been introduced or supplied to the contractor, the Department of Labor - Invalids and Social Affairs will consider and decide whether the contractor may recruit foreign workers for the positions where no Vietnamese workers are recruited.
Process for Requesting the Recruitment of Vietnamese Workers for Positions Potentially Occupied by Foreign Workers at the Provincial Level
Responsibilities of Vietnamese Workers When Working for Foreign Organizations or Individuals
Based on the regulation in Article 25 of Decree 152/2020/ND-CP governing the responsibilities of Vietnamese workers when working for foreign organizations or individuals:
Responsibilities of Vietnamese Workers When Working for Foreign Organizations or Individuals
Comply with the labor laws of Vietnam.
Adhere to the terms of the labor contract signed with the foreign organization or individual.
Follow the regulations of the competent organization that recruits and manages Vietnamese workers working for foreign organizations or individuals.
Thus, Vietnamese workers when working for foreign organizations or individuals must bear the following responsibilities:
- Comply with the labor laws of Vietnam.- Adhere to the terms of the labor contract signed with the foreign organization or individual.- Follow the regulations of the competent organization that recruits and manages Vietnamese workers working for foreign organizations or individuals.
Which Organizations Have the Authority to Recruit and Manage Vietnamese Workers Working for Foreign Organizations or Individuals?
Based on the regulations in Clause 1 Article 22 of Decree 152/2020/ND-CP as amended by Clause 9 Article 1 of Decree 70/2023/ND-CP, which stipulates the authority to recruit and manage Vietnamese workers working for foreign organizations or individuals:
Authority to Recruit and Manage Vietnamese Workers Working for Foreign Organizations or Individuals
- Organizations with the authority to recruit and manage Vietnamese workers working for foreign organizations or individuals (hereinafter referred to as organizations with the authority to recruit and manage Vietnamese workers) include:
a) Organizations delegated, authorized, assigned tasks, ordered, or bid by the Ministry of Foreign Affairs;
b) Organizations delegated, authorized, assigned tasks, ordered, or bid by the Provincial People's Committee.
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Thus, organizations with the authority to recruit and manage Vietnamese workers working for foreign organizations or individuals include:
- Organizations delegated, authorized, assigned tasks, ordered, or bid by the Ministry of Foreign Affairs.- Organizations delegated, authorized, assigned tasks, ordered, or bid by the Provincial People's Committee.
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