Procedures for reporting and explaining the demands, changes in the demands for using foreign workers in Ho Chi Minh City, Vietnam

Procedures for reporting and explaining the demands, changes in the demands for using foreign workers in Ho Chi Minh City, Vietnam​ (Image from the internet)

Procedures for reporting and explaining the demands, changes in the demands for using foreign workers in Ho Chi Minh City, Vietnam

The content is regulated in Decision 4182/QD-UBND in 2024 announcing the list of administrative procedures decentralized under the provisions of Decree 84/2024/ND-CP under the authority of the Department of Labor, War Invalids and Social Affairs of Ho Chi Minh City, Vietnam.

Subjects Implementing the Procedures for reporting and explaining the demands, changes in the demands for using foreign workers in Vietnam

According to the Appendix attached to Decision 4182/QD-UBND in 2024, the subjects implementing the procedure for reporting and explaining the needs, changes in the needs for using foreign workers include:

(1) Subjects implementing according to the pilot decentralization content specified in Clause 1, Article 10 of Decree 84/2024/ND-CP:

- International organizations, foreign project offices in Vietnam; agencies, organizations permitted to be established and operate by the Government of Vietnam, the Prime Minister of Vietnam, ministries, and central authorities according to the law;

- Representative offices, branches of enterprises, agencies, organizations permitted to be established by the Government of Vietnam, the Prime Minister of Vietnam, ministries, central government agencies, and government bodies;

- State agencies, political organizations, socio-political organizations, socio-professional political organizations, social organizations, socio-professional organizations permitted to be established by the Government of Vietnam, the Prime Minister of Vietnam, ministries, central government agencies, and government bodies;

- Career organizations, educational institutions permitted to be established by the Government of Vietnam, the Prime Minister of Vietnam, ministries, central government agencies, and government bodies;

Some cases where foreign workers are not required to report and explain the need to use foreign workers or report changes in the need to use foreign workers:

Clauses 3, 4, and 5 of Article 154 of Labor Code 2019

- Chief of representative office, project, or person responsible for the principal activity of international organizations, foreign non-governmental organizations in Vietnam.

- Entering Vietnam for less than 03 months to offer services.

- Entering Vietnam for less than 03 months to handle complex technical, technological issues that arise, affecting or potentially affecting production and business activities that Vietnamese experts and other foreign experts present in Vietnam cannot resolve.

- Foreign lawyers licensed to practice law in Vietnam according to the Law on Lawyers.

- Foreigners married to Vietnamese citizens living in Vietnam.

Clauses 1, 2, 8, 9, 10, 11, 12, and 13 of Article 7 of Decree 152/2020/ND-CP

- Owner or member contributing capital to a limited liability company with capital contribution from 3 billion VND or more.

- Chairman of the Board of Directors or member of the Board of Directors of a joint-stock company with capital contribution from 3 billion VND or more.

- Entering Vietnam to work in the position of manager, executive director, expert, or technical worker with a working period of less than 30 days and not more than 03 times in a year.

- Entering Vietnam to implement international agreements that central governmental or provincial agencies sign according to the law.

- Students, interns studying abroad under agreements for internships with agencies, organizations, and enterprises in Vietnam; interns and trainees on Vietnamese ships.

- Relatives of members of foreign representative agencies in Vietnam as stipulated in Clause 1, Article 2 of Decree 152/2020/ND-CP.

- Holding diplomatic passports working for state agencies, political organizations, and socio-political organizations.

- Persons responsible for establishing a commercial presence.

(2) Group of subjects implementing administrative procedures under the jurisdiction of the Department of Labor, War Invalids and Social Affairs:

- Enterprises operating under the Enterprise Law, Investment Law, or international treaties to which the Socialist Republic of Vietnam is a member.

- Enterprises operating under the Enterprise Law, Investment Law, or international treaties to which the Socialist Republic of Vietnam is a member headquartered in one province or city but having representative offices or branches in other provinces or cities;

- Contractors participating in tenders and executing contracts;

- Representative offices, branches of enterprises, agencies, and organizations established by provincial People's Committees, specialized agencies under the provincial People's Committees, and district People's Committees.

- Operating office of foreign investors in a business cooperation contract or of foreign contractors registered for operation under the law;

- Law practicing organizations in Vietnam according to the law;

- Cooperatives, unions of cooperatives established and operating under the Cooperative Law;

- Business households and individuals allowed to operate businesses under the law;

- State agencies, political organizations, socio-political organizations, socio-professional political organizations, social organizations, and socio-professional organizations established by provincial People's Committees, specialized agencies under the provincial People's Committees, and district People's Committees;

- Working for employers at multiple locations within the same province or centrally-run city;

- Foreign non-governmental organizations registered by competent Vietnamese authorities under Vietnamese law;

- Career organizations, educational institutions established by provincial People's Committees, specialized agencies under the provincial People's Committees, and district People's Committees;

Some cases where foreign workers are not required to report and explain the need to use foreign workers or report changes in the need to use foreign workers:

Clauses 3, 4, and 5 of Article 154 of the Labor Code

- Chief of representative office, project, or person responsible for the principal activity of international organizations, foreign non-governmental organizations in Vietnam.

- Entering Vietnam for less than 03 months to offer services.

- Entering Vietnam for less than 03 months to handle complex technical, technological issues that arise, affecting or potentially affecting production and business activities that Vietnamese experts and other foreign experts present in Vietnam cannot resolve.

- Foreign lawyers licensed to practice law in Vietnam according to the Law on Lawyers.

- Foreigners married to Vietnamese citizens living in Vietnam.

Clauses 1, 2, 8, 9, 10, 11, 12, and 13 of Article 7 Decree 152/2020/ND-CP

- Owner or member contributing capital to a limited liability company with capital contribution from 3 billion VND or more.

- Chairman of the Board of Directors or member of the Board of Directors of a joint-stock company with capital contribution from 3 billion VND or more.

- Entering Vietnam to work in the position of manager, executive director, expert, or technical worker with a working period of less than 30 days and not more than 03 times in a year.

- Entering Vietnam to implement international agreements that central governmental or provincial agencies sign according to the law.

- Students, interns studying abroad under agreements for internships with agencies, organizations, and enterprises in Vietnam; interns and trainees on Vietnamese ships.

- Relatives of members of foreign representative agencies in Vietnam as stipulated in Clause 1, Article 2 Decree 152/2020/ND-CP.

- Holding diplomatic passports working for state agencies, political organizations, and socio-political organizations;

- Persons responsible for establishing a commercial presence.

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