Responsibilities of a foreign employer in Vietnam upon employment of Vietnamese workers

17:35, 07/01/2021

On December 30, 2020, the Government of Vietnam issued the Decree No. 152/2020/NĐ-CP on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam.

trách nhiệm của tổ chức, cá nhân nước ngoài tại Việt Nam, Nghị định 152/2020/NĐ-CP

According to the Decree No. 152/2020/NĐ-CP of the Vietnam’s Government, responsibilities of a foreign employer in Vietnam upon employment of Vietnamese workers are as follows:

- Comply with the Labor Code and applicable regulations.

- Abide by the employment contract concluded with Vietnamese workers.

- Before December 15 or on an ad-hoc basis, the foreign employer shall send an annual report on recruitment and employment of Vietnamese workers, using Form No. 02/PLII Appendix II hereto appended. The reporting period is from December 15 of the previous year to December 14 of the reporting year and the report shall be sent as follows:

+ The foreign employers provided for in points a, b, c and d clause 3 Article 2 hereof shall send reports to recruitment and management organizations as provided in point a clause 1 Article 22 hereof;

+ The foreign employers provided for in points dd clause 3 Article 2 hereof shall send reports to recruitment and management organizations as provided in point b clause 1 Article 22 hereof.

Besides, a Vietnamese worker working for a foreign employer has the responsibilities as follows:

- Comply with Vietnam’s labor law.

- Abide by the terms and conditions of the employment contract concluded with the foreign employer.

- Comply with regulations of the recruitment and management organization.

More details at the Decree No. 152/2020/NĐ-CP of the Vietnam’s Government, effective from February 15, 2021.

Ty Na

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