Regulation on utilization of foreign workers by contractors in Vietnam

This content is specified in the Circular No. 40/2016/TT-BLĐTBXH providing guidance on implementation of a number of articles of Decree No. 11/2016/NĐ-CP of Vietnam’s Government detailing a number of articles of the Labor Code in respect of foreign workers in Vietnam.

Specifically, according to the Circular No. 40/2016/TT-BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam, utilization of foreign workers by contractors is prescribed as follows:

- A contractor shall submit a written request for utilization of foreign workers for specific job vacancies as stipulated in clause 1 Article 5 of the Decree No.11/2016/ND-CP using form 4 attached hereto to the Presidents of the People’s Committee of the province where the contractor executes his/her contract.

- In case of adjustments and supplementation to the number of foreign workers, the contractor shall submit a document using form 5 attached hereto to the President of the People’s Committee of the province where the contractor executes his/her contract.

- The Presidents of People’s Committees of province shall direct local authorities to recommend and supply Vietnamese workers to contractors. In case of failure to recommend and supply Vietnamese workers for job vacancies, the president of the People’s Committee of the province shall give the contractor permission to recruit foreign workers for such vacancies.

View more details at the Circular No. 40/2016/TT-BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam, effective from December 12, 2016.

- Thanh Lam -

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