Organizations and enterprises in Vietnam that want to recruit foreigners to work must first register the need to employ foreign workers. So what are the regulations on procedures and the order of implementation? Let's find out more details with Nhi Gia below.
In Article 4 of Decree No. 152/2020/ND-CP stipulating foreign workers in Vietnam and recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam, specifically, the employment of foreign workers is as follows:
- Determining the need to employ foreign workers
- At least 30 days before the expected date of employment of foreign workers, the employers (except for contractors) shall be responsible for determining the need to employ foreign workers for each job positions of which Vietnamese workers have not yet met requirements and reporting to explain to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committees of the provinces and centrally-run cities (hereinafter referred to as the “People’s Committee of the province) where the foreign workers are expected to work.
During the implementation process, if the need to employ foreign workers changes, the employers shall report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of the province at least 30 days in advance from the expected date of employment of foreign workers.
- In the case of foreign workers specified in Clauses 3, 4 and 5, Article 154 of the Labor Code and Clauses 1, 2, 8, 9, 10, 11, 12 and 13, Article 7 of this Decree, the employers are not required to determine the need to employ foreign workers.
- The Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of the province shall issue a written approval or disapproval of the employment of foreign workers for each job position within 10 working days from the date of receipt of the explanation report or the report explaining the change in the need to employ foreign workers.
Therefore, to complete the procedures for applying for work permit in Vietnam for foreign workers, organizations or enterprises need to carry out procedures to determine the need to employ foreign workers in accordance with the provisions of the law as above.
Registering for approval to employ foreign workers is the first important procedure that needs to be done to apply for work permit for foreigners to work legally in Vietnam. If you need to use the package of work permit services, please contact Nhi Gia via hotline 84 1900 6654 or info@nhigia.vn. Our work permit specialists will quickly support you!
