REPORT ON FOREIGN WORKERS, WHAT ARE INCLUDED?

Using foreign workers in Vietnam requires employers to carry out corresponding reports and procedures. All reports must comply with the laws of Vietnam and local labor authority procedures as the case may be, to ensure that they are in full compliance with legal requirements. So, what does the report on foreign workers include?

1. Report on the demand for foreign workers

a. Report on recruitment of foreign workers

According to current laws, before recruiting foreign workers to work in Vietnam, employers must explain their demand for foreign workers and obtain written approval from the competent agencies. Noted that, the employer can be a business, agency, organization or individual.

Specifically, at least 15 days prior to the expected date of using foreign workers, employers (except contractors) are responsible for determining the demand for using foreign workers for each position, which Vietnamese workers cannot meet, and report and explain 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.

Form: Form No. 01/PLI Appendix I attached to Decree 70/2023/ND-CP.

b. 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.

>> REST BREAKS DURING WORKING HOURS, WHICH CASES WILL BE APPLIED? https://linconlaw.vn/rest-breaks-during-working-hours-which-cases-will-be-applied/

>> CIRCULAR ECONOMY DEVELOPMENT, PROPOSAL ON EXPERIMENTAL MECHANISM https://linconlaw.vn/circular-economy-development-proposal-on-experimental-mechanism/

2. Report on employment of foreign workers

a. Report for the first 6 months of the year

Report deadline: before July 5 every year.

In particular, the time to close reporting data for the first 6 months of the year is calculated from December 15 of the year before the reporting period to June 14 of the reporting period.

Form: Follow form No. 07/PLI Appendix I attached to Decree 152/2020/ND-CP.

b. Annual report

Report deadline: Before January 5 of the following year.

In particular, the time to close annual reporting data is from December 15 of the year preceding the reporting period to December 14 of the reporting period.

Form: follow form No. 07/PLI Appendix I attached to Decree 152/2020/ND-CP.

c. Report in cases where foreign workers work for one employer in many provinces and centrally run cities.

Time limit for reporting: 3 working days from the date the foreign worker starts working.

Method: the employer must report via the electronic environment to the Ministry of Labor, War Invalids and Social Affairs and the Department of Labor, War Invalids and Social Affairs where the foreign worker comes to work.

Form: follow Form No. 17/PLI Appendix I attached to Decree 70/2023/ND-CP.