In order to manage the usage of foreign workers in Vietnam, the Vietnam state authority has requested employers to provide explanation for such need to use foreign workers.
This will be the preliminary procedure before applying for work permit in Vietnam then temporary residence card in Vietnam for foreigners. The report of demand to use of foreign workers has to meet the following requirements:
Demand to use foreign workers: The employer (except contractors) is responsible for determining the demand to use foreign employees for each position that the Vietnamese employee has not met the requirement and submit written explanation. In case the employer is a contractor, in the bidding documents, it is required to declare the number, qualifications, professional competence and experience of foreign workers mobilized to implement bidding packages.
Recipient: Chairman of People’s Committees of provinces and cities under central authority (hereinafter referred to as the provincial People’s Committee) where the employer is headquartered.
Periodic notification period: Every year, the employer (except contractor) is responsible for determining the demand to use foreign employees for explanation.
The period of notice for the first time: Before at least 30 days from the date the employer (except contractor) plans to recruit foreign employees, the employer must report explanations as provided in Paragraph 1 Article 4 of Decree No. 102/2013 / ND-CP on the demand to use foreign workers, including work position, number, qualifications, experience, salary, working hours and submit directly to the Department of Labour – Invalids and Social Affairs of provinces and cities under central authority (hereinafter referred to as the Department of Labor – Invalids and Social Affairs) where the employer is headquartered.
The period of notice the adjustment: The employer whom is approved to use foreign employees, that have changes in the demand for foreign workers, has to directly submit the report explaining the adjustment and supplementation at least 30 days before the expected day for new recruitment, additional recruitment or recruitment to replace foreign workers with the Department of Labour – Invalids and Social Affairs where the employer is headquartered.
How ANT Lawyers Could Help Your Business?
The changes of laws will be monitored by ANT Lawyers. For advice or service request, please contact us via email ant@antlawyers.vn or call +84 28 730 86 529
The stock market is one of the most important areas for raising capital and meeting…
A New Era of Opportunity or Complexity for Foreign Businesses in Hanoi? Imagine standing in…
On November 30, 2024, the National Assembly officially passed the Electricity Law Amendment 2024, marking…
The decision by Vietnam to ban e-cigarettes is a turning point in public health policy.…
The Hidden Cost of Ignorance in Vietnam’s Real Estate Market Imagine that you have invested…
With the rise of the digital age, Vietnam has experienced rapid growth in internet usage,…
This website uses cookies.