Procedures for recruiting Vietnamese workers to positions expected to recruit foreign workers

Procedures for recruiting Vietnamese workers to positions expected to recruit foreign workers (Internet image)

On October 17, 2023, the Minister of Labor, War Invalids, and Social Affairs issued Decision 1560/QD-LDTBXH announcing administrative procedures amended and supplemented in Decree 70/2023/ND-CP amending Decree 152/2020/ND-CP regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam.

Procedures for recruiting Vietnamese workers to positions expected to recruit foreign workers

(1) Implementation order:

- Step 1: 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 with the Department of Labor, War Invalids, and Social Affairs, where the contractor carries out the bidding package according to Form No. 04/PLI Appendix I issued with 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 Decree 152/2020/ND-CP.

- Step 2: The Department of Labor, War Invalids, and Social Affairs 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 the 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 Department of Labor, War Invalids, and Social Affairs 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 Decree 152/2020/ND-CP.

(2) Submission methods: Via public postal service, online (if available), or directly to the Department of Labor, War Invalids, and Social Affairs, where the foreign worker is expected to work.

(3) Components and quantity of documents:

- Document components: Request to recruit Vietnamese workers into job positions expected to recruit foreign workers according to Form No. 04/PLI Appendix I issued with v or adjust or supplement the need to use foreign workers according to Form No. 05/PLI Appendix I issued with Decree 152/2020/ND-CP.

- Number of documents: 01 set.

(4) Processing time: 02 months from the date of receiving the request to recruit 500 or more Vietnamese workers and maximum 01 month from the date of receiving the request to recruit 100 to less than 500 Vietnamese workers, and 15 days from the date of receiving the request to recruit less than 100 Vietnamese workers from the date of receiving all valid documents according to regulations.

(5) Subjects carrying out administrative procedures: Foreign employers are contractors.

(6) Agency handling administrative procedures: Department of Labor, War Invalids, and Social Affairs, where the contractor implements the bidding package.

More details can be found in Decision 1560/QD-LDTBXH taking effect on October 17, 2023.

Ho Quoc Tuan

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