-
Demand for foreign workers
Pursuant to Article 4 of Decree 70/2023/ND-CP as follows:
– At least 15 days before the expected date of employment of foreign workers, the employer (except for the contractor) shall determine the demand for the use of foreign workers for each job position that the Vietnamese worker has not yet met and report the explanation to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor and Trade military and social affairs where the foreign worker is expected to work according to Form No. 01/PLI in Appendix I issued together with this Decree.
– In the course of implementation, if there is a change in the demand for the employment of foreign workers in terms of position, job title, working form, quantity and location, the employer must report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs according to Form No. 02/PLI in Appendix I issued together with this Decree at least in advance at least 15 days from the date of expected employment of foreign workers.
– In case foreign workers are specified in Clauses 3, 4, 5, 6 and 8, Article 154 of the Labor Code and Clauses 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13 and 14, Article 7 of this Decree, the employer is not required to determine the need to employ foreign workers.
– The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall issue a written approval or disapproval of the employment of foreign workers for each job position according to Form No. 03/PLI in Appendix I to this Decree within 10 working days from the date of receipt of the explanatory report or the report explaining changes in the demand for using foreign workers.
-
Report on employment of foreign workers
Pursuant to Article 6 of Decree 152/2020/ND-CP as follows:
– Before July 5 and January 5 of the following year, foreign employers shall report annually on the employment of foreign workers in the first 6 months of the year according to Form No. 07/PLI in Appendix I to this Decree. The time for finalizing 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, and the time for finalizing annual reporting data is from December 15 of the year preceding the reporting period to December 14 of the reporting period.
– Before July 15 and January 15 of the following year or irregularly as requested, the Department of Labor, War Invalids and Social Affairs shall report to the Ministry of Labor, War Invalids and Social Affairs on the situation of foreign workers working in the locality according to Form No. 08/PLI in Appendix I issued together with this Decree. The time to finalize reporting data in the first 6 months of the year and annually shall comply with the Government’s regulations on the reporting regime of state administrative agencies.
-
Notice of recruitmentof employees
From January 1, 2024, the announcement of recruitment of Vietnamese workers to positions expected to recruit foreign workers shall be made on the website of the Ministry of Labor, War Invalids and Social Affairs (Employment Department) or the website of the Employment Service Center for at least 15 days from the date of expected to report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work.
The content of the recruitment notice includes:
- Job Positions and Titles
- Job Description
- Amount
- Qualification Requirements
- Experience
- Salary
- Time and place of work.
After failing to recruit Vietnamese workers into the foreign worker recruitment portals, the employer is responsible for determining the need to use foreign workers.
-
Order and procedures for recruitment of Vietnamese workers to work for foreign organizations and individuals
When there is a need to employ Vietnamese workers, foreign organizations and individuals directly recruit or through employment service organizations, labor outsourcing enterprises or organizations competent to recruit and manage Vietnamese workers.
In case of recruitment through an organization competent to recruit and manage Vietnamese workers, the foreign organization or individual must send a written request for recruitment of Vietnamese workers to the organization competent to recruit and manage Vietnamese workers. The document must clearly state the requirements for working positions, quantity, professional and technical qualifications, foreign languages, time limit for recruitment, interests and obligations of Vietnamese workers and foreign organizations and individuals in the course of working and upon resignation for each job position to be recruited.
Within 15 working days from the date of receipt of the written request of the foreign organization or individual, the organization competent to recruit and manage Vietnamese laborers shall recruit and manage Vietnamese laborers at the request of the organization, foreign individuals. Upon the expiration of the above-mentioned time limit, if the organization competent to recruit and manage Vietnamese laborers fails to recruit and introduce Vietnamese laborers at the request of foreign organizations and individuals, it shall reply in writing clearly stating the reason.
Within 07 working days from the date of signing the labor contract with the Vietnamese employee, the foreign organization or individual must notify in writing enclosed with a certified copy of the labor contract signed with the Vietnamese employee and the papers specified in Clause 2. 4 Article 23 of this Decree for organizations competent to recruit and manage Vietnamese workers. In case the labor contract has been signed in a foreign language, it must be enclosed with a Vietnamese translation.
The above is the content of KALF’s consultation on recruitment, management of employees in foreign organizations and individuals and related issues. All of our above advice is based on applicable legal regulations. If you have any questions or requests about legal issues, please contact us for timely answers.
K & ASSOCIATES LAW FIRM
Address : 4th Floor, No. 05 Nguyen Thi Nhung, Van Phuc Urban Area, Thu Duc City, HCMC.
Email : info@k-associates.vn
Phone : (+84) 338747705 (Zalo, facebook, viber, Instagram)
Hotline : (+84) 937298177
