Viet Nam legal regulations on acceptance of demand for foreign workers

Employers wishing to employ foreign workers in Viet Nam shall obtain acceptance of demand for foreigner workers from the competent state agency. Let’s find out this issue with Lawyer X through the following scenario: “Dear Lawyer! I want to ask current regulations on dertermination of demand for foreign workers. When shall the competent state agency issue a written approval for demand for foreigner workers? Thanks for answering me!”

Legal grounds

Decree 152/2020/ND-CP on foreign workers working in vietnam and recruitment and management of vietnamese workers working for foreign employers in vietnam

Regulations on employment of foreign workers

– At least 30 days before the date on which foreign workers are expected to be employed, the employer (except contractor) shall determine the demand for foreign workers for every job position for which Vietnamese workers are underqualified and send a corresponding report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province where the foreign workers are expected to work. During the process, in case of any change to the demand for foreign workers, the employer shall send a report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province, at least 30 days before the date on which the foreign worker are expected to be employed.

– If the foreign worker falls under any case of clause 3, 4 and 5 Article 154 of the Labor Code and clauses 1, 2, 8, 9, 10, 11, 12 and 13 Article 7 of Decree 152/2020/ND-CP, the employer is not required to determine the demand for foreign workers.

– The Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province shall issue a document specifying accepted job positions and nonaccepted job positions within 10 working days after receiving the foregoing report on demand for foreign workers or report on change thereof.

Employment of foreign workers by contractors

– Before recruiting foreign workers, the contractor shall specify the quantity, qualifications, professional competence and experience of foreign workers that are needed for performance of the package in Vietnam and send a written request for the recruitment of Vietnamese workers to the job positions expected for foreign workers to the President of the People’s Committee of province where the package is performed, using Form No. 04/PLI Appendix I hereto appended. If the contractor wishes to change or increase the declared number of workers, the plan for changing or increasing demand for workers of such foreign contractor must be certified by the investor, using Form No. 05/PLI Appendix I hereto appended.

– The President of the People’s Committee of province shall direct local agencies and organizations to recommend and supply Vietnamese workers to the contractor and cooperate with other local agencies and organizations in recommending and supplying Vietnamese workers to the contractor. If Vietnamese workers are not recommended or supplied to the contractor within 02 months from the day on which a request for recruitment of 500 Vietnamese workers or more is received, or within

01 month from the day on which a request for recruitment of 100 to fewer than 500 Vietnamese workers is received, or within 15 days from the day on which a request for recruitment of fewer than 100 Vietnamese workers is received, the President of the People’s Committee of province shall consider allowing the contractor to recruit foreign workers to hold the job positions for which Vietnamese workers are underqualified, using Form No. 06/PLI Appendix I hereto appended.

– The investor shall supervise and request the contractor to conform with the declaration of the employment of Vietnamese workers and foreign workers; provide guidance, urge and inspect the contractor’s compliance of the regulations on recruitment and employment of foreign workers in accordance with the Vietnam’s law; monitor and manage foreign workers’ compliance with the Vietnam’s law; prior to July 5 and January 5 of the next year, the investor shall send a first-half-year

report and annual report, respectively, on employment of foreign workers, using Form No. 07/PLI Appendix I hereto appended. The reporting period of the first 6 months is from December 15 of the previous reporting year to June 14 of the reporting year, the reporting period of the annual report is from December 15 of the previous reporting year to December 14 of the reporting year.

– On annual or ad-hoc basis, the Department of Labor, War Invalids and Social Affairs shall cooperate with the police authority of province; High Command of the Border guard of province or relevant entities of the Ministry of National Defense at the border and checkpoint areas, islands, strategic, key, defense-critical regions and relevant agencies in inspecting the compliance with the Vietnam’s law by the foreign workers performing packages in the province and sending inspection reports to the People’s Committee of province, the Ministry of Labor, War Invalids and Social

Affairs, the Ministry of Public Security and the Ministry of National Defense. 

Report on the employment of foreign workers

– Prior to July 5 and January 5 of the following year, the employer of foreign workers shall send a first-half-year report and an annual report on employment of foreign workers, using Form No. 07/PLI Appendix I hereto appended. The reporting period of the first 6 months is from December 15 of the previous reporting year to June 14 of the reporting year, the reporting period of the annual report is from December 15 of the previous reporting year to December 14 of the reporting year.

– Prior to July 15 and January 15 of the following year or on ad-hoc basis, Department of Labor, War Invalids and Social Affairs shall send a report on employment of foreign workers in the province to the Ministry of Labor, War Invalids and Social Affairs, using Form No. 08/PLI Appendix I hereto appended The reporting period of the first 6 months and the whole year complies with regulations of the Government on reporting regime of regulatory agencies.

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