HCMC, Vietnam: Instructions for submitting online foreign labor employment reports in 2022

HCMC, Vietnam: Instructions for submitting online foreign labor employment reports in 2022 (Internet image)

The Department of Labor, War Invalids, and Social Affairs of Ho Chi Minh City issued Official Dispatch 34158/SLDTBXH-ATLD dated November 18, 2022, reporting on the situation of using foreign workers in 2022.

1. Instructions for submitting the 2022 foreign labor employment report online in Vietnam

The Department of Labor, War Invalids, and Social Affairs requests units to report on the situation of using foreign workers according to the provisions of Article 6 of appended to Decree 152/2020/ND-CP (Form No. 07/PLI, Appendix I), specifically as follows:

- Reporting period data: foreign labor data compiled from December 15, 2021, to December 14, 2022.

- Report submission time: from December 15, 2022, to January 5, 2023.

- Form of receiving reports: organizations and businesses can access the Google Form link: https://forms.gle/kNqRgsH42Vu4evwj8. or scan the QR code to access the link and report on the situation of using foreign workers. Send the report online to the Department of Labor, War Invalids, and Social Affairs (via the Department of Labor Safety), including foreign labor data, and a copy of the report signed and stamped in red (PDF file) for convenience in tracking and synthesizing.

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2. Regulations on the contractor's use of foreign workers

According to Article 5 of appended to Decree 152/2020/ND-CP, the contractor's use of foreign workers is regulated as follows:

- Before recruiting foreign workers, the contractor is responsible for declaring the number, qualifications, professional capacity, and experience of the foreign workers to be recruited to implement the bidding package in Vietnam and requesting to recruit Vietnamese workers into job positions expected to recruit foreign workers to the Chairman of the Provincial People's Committee, where the contractor implements the bidding package according to Form No. 04/PLI, Appendix I issued with appended to Decree 152/2020/ND-CP.

In case the contractor needs to adjust or supplement the declared number of employees, the investor must confirm the contractor's plan to adjust and supplement the required labor needs according to Form No. 05/PLI Appendix I issued with appended to Decree 152/2020/ND-CP.

- The Chairman of the Provincial People's Committee directs local agencies and organizations to introduce and supply Vietnamese workers to contractors or coordinate with other local agencies and organizations to introduce and supply Vietnamese workers to contractors.

Within a maximum period of 02 months from the date of receiving a request to recruit 500 or more Vietnamese workers and a maximum of 01 month from the date of receiving a request to recruit from 100 to less than 500 Vietnamese workers and 15 days from the date of receiving the request to recruit less than 100 Vietnamese workers without introducing or supplying Vietnamese workers to the contractor, the Chairman of the Provincial People's Committee shall consider and decide whether the contractor can recruit foreign workers for jobs that cannot recruit Vietnamese workers according to Form No. 06/PLI, Appendix I issued with appended to Decree 152/2020/ND-CP.

- The investor is responsible for supervising and requiring the contractor to comply with the declared content regarding the use of Vietnamese and foreign workers; Guide, urge, and inspect contractors to implement regulations on the recruitment and use of foreign workers working for contractors according to the provisions of the law; Monitor and manage foreign workers to comply with legal regulations;

Before July 5 and January 5 of the following year, the investor reports on the situation of using foreign workers in the first 6 months of the year and annually, according to Form No. 07/PLI Appendix I issued together with appended to Decree 152/2020/ND-CP.

The time to close reporting data for the first 6 months of the year is calculated from December 15 of the year preceding the reporting period to June 14 of the reporting period; The time for closing annual report data is from December 15 of the year preceding the reporting period to December 14 of the reporting period.

- Annually or unexpectedly, the Department of Labor, War Invalids and Social Affairs presides and coordinates with provincial and city police agencies; Provincial Border Guard Command or relevant agencies and units of the Ministry of National Defense in border areas, border gates, islands, strategic areas, key areas, and key areas for national defense and relevant agencies check the implementation of legal regulations for foreign workers in bidding packages implemented by winning contractors in the area, and report about inspection results to the Provincial People's Committee, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Public Security and the Ministry of National Defense.

3. Time for report on employment of foreign workers in Vietnam

Article 6 of Decree 152/2020/ND-CP stipulates the reporting time for using foreign workers as follows:

- 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 appended to Decree 152/2020/ND-CP.

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.

- 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 appended to Decree 152/2020/ND-CP,

The reporting period of the first 6 months and the whole year complies with regulations of the Government on reporting regime of regulatory agencies.

More details can be found in Official Dispatch 34158/SLDTBXH-ATLD, dated November 18, 2022.

Nhu Mai

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