REPORT ON DEMAND FOR FOREIGN WORKERS, PROCEDURES IMPLEMENTATION

According to current laws, before recruiting foreign workers to work in Vietnam or having changes in employment demand, enterprises must explain on their demands. Approval from competent state agencies is expressed in writing according to regulations. Completing procedures related to report on demand for foreign workers is the premise and basis for issuance of work permits to foreigners for each working position.

1.         Report on foreign labor recruitment demand

At least 15 days prior to the expected date of using foreign workers, employers (except contractors) are responsible for determining the demand for foreign workers use for each working positions not satisfied by Vietnamese workers and reporting 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.

Report on demand for foreign workers must be implemented according to form No. 01/PLI, Appendix I attached to Decree 70/2023/ND-CP.

2.         Report on changes in demand for foreign workers

In addition to report for demand to use new foreign workers, during the implementation process if there are any changes to use foreign workers, employers also need to comply with the report procedures to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs according to regulations. These changes include position, job title, work type, quantity, and work location.

Report must be peformed at least 15 days prior to the expected date of employing foreign workers.

Form: Follow form No. 02/PLI Appendix I attached to Decree 70/2023/ND-CP.

>> REPORT ON FOREIGN WORKERS, WHAT ARE INCLUDED? https://linconlaw.vn/report-on-foreign-workers-what-are-included/

>> COMPANY PAYS SALARY IN FOREIGN CURRENCY, PERMITTED OR NOT? https://linconlaw.vn/company-pays-salary-in-foreign-currency-permitted-or-not/

3.         Cases where report is not required

Employers will not be required to determine the demand for foreign workers in cases where foreigner:

–           Is the Head of a representative office, project or have main responsibility for the activities of international organizations and foreign non-governmental organizations in Vietnam.

–           Enters Vietnam for less than 03 months to offer services.

–           Enters Vietnam for a period of less than 03 months to handle problems, complex technical and technological situations that arise that affect or threaten to affect production and business that Vietnamese experts and Foreigners currently in Vietnam cannot handle it.

–           Is a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers.

–           Marries a Vietnamese and live in Vietnamese territory.

–           Is an owner or capital contributing member of a limited liability company with capital contribution value of 3 billion VND or more.

–           Is the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong.

–           Is an intra-company transferee within 11 sectors in the schedule of commitments in services between Vietnam and WTO, including: business services, communication services, construction services, distribution services, educational services, environmental services, financial services, health services, tourism services, recreational and cultural services, and transport services.

–           Enters Vietnam to provide professional and engineering consulting services or perform other tasks intended for research, formulation, appraisal, supervision, evaluation, management and execution of programs and projects using official development assistance (ODA) in accordance with regulations or agreement in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries.

–           Is granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law.

–           Volunteers are foreign workers who work in Vietnam voluntarily and without salary to implement international treaties to which the Socialist Republic of Vietnam is a member and have confirmation from an agency. Foreign diplomatic representatives or international organizations in Vietnam.

–           Enters Vietnam to hold the position of a manager, executive, expert or technical worker for a period of work of less than 30 days and up to 3 times a year.

–           Enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law.

–           Is a student studying at a foreign school or training institution which has a probation agreement with an agency, organization or enterprise in Vietnam; or a probationer or apprentice on a Vietnam sea-going ship.

–           Relatives of members of foreign representative agencies in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a member.

–           Has an official passport to work for state agencies, political organizations, or socio-political organizations.

–           Is responsible for establishing commercial presence.

–           Has been certified by the Ministry of Education and Training for foreign workers to enter Vietnam to perform the following jobs: Teaching, research; or work as a manager, executive director, principal, or vice principal of an educational institution proposed to be established by a foreign diplomatic mission or intergovernmental organization in Vietnam.