Dossier for demand for foreign workers registration

Currently, because many job positions require high expertise and technical skills, the domestic labor source cannot meet the needs of businesses. Therefore, many businesses need to employ foreign workers who meet job requirements to work in Vietnam. The article below Viet An Law will answer questions for clients about the dossier of demand for foreign workers in Vietnam.

Legal basis

• Labor Code 2019;
• Decree 152/2020/ND-CP regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam is amended by Decree 35/2022/ND-CP and Decree 70/2023/ND-CP.

Foreign workers

Foreign workers can simply be understood as citizens of another country coming to work in Vietnam. Foreign workers working in Vietnam are people with foreign nationality and must meet the following conditions:

• Be 18 years old or older and have full civil capacity;
• Have professional qualifications, techniques, skills, and work experience; Have good health according to regulations of the Minister of Health;
• Not a person who is serving a sentence or has not had a criminal record erased or is being prosecuted for criminal liability according to foreign or Vietnamese law;
• Have a work permit issued by a competent Vietnamese state agency, except in cases where foreign workers working in Vietnam are not subject to a work permit.

Obligation to explain demand for foreign workers in Vietnam

The subject has obligations

In addition to the cases specified in Clauses 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, and 14, Article 7 of Decree 152/2020/ND-CP, the employer is Entities must explain their need to use foreign workers. Pursuant to Clause 1, Article 4 of Decree No. 152/2020/ND-CP, as amended in Decree 70/2023/ND-CP, in the process of determining the need to use foreign workers, employers must report to the Ministry of Labor, Invalids, and Social Affairs/Department of Labor, Invalids and Social Affairs when there is a change in: position; Job Title; form of work; quantity; location.

Time limit

According to Clause 1, Article 4 of Decree No. 152/2020/ND-CP amended by Clause 2, Article 1 of Decree No. 70/2023/ND-CP stipulates:

“At least 15 days in advance from the expected date of using foreign workers, employers (except contractors) are responsible for determining the need to use foreign workers for each job position. that Vietnamese workers have not met and report and explain to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work”.

Thus, the time limit for explaining the need to use foreign workers is at least 15 days in advance from the expected date of using foreign workers.

Form of implementation

From January 1, 2024, employers will announce the recruitment of Vietnamese workers for positions expected to recruit foreign workers on:

• Electronic information portal of the Ministry of Labor, Invalids and Social Affairs (Department of Employment); or
• The electronic information portal of the Employment Service Center is managed by the Chairman of the People’s Committee of the province for at least 15 days from the expected date of the explanation report to the Department of Labor and Invalids and Social Affairs where the foreign worker is expected to work.

If Vietnamese workers cannot be recruited into positions recruiting foreign workers, the employer is responsible for determining the need to use foreign workers.

Dossier of demand for foreign workers in Vietnam

Pursuant to Point a, Clause 1, Article 4 of Decree No. 152/2020/ND-CP amended by Clause 2, Article 1 of Decree No. 70/2023/ND-CP, the components of the explanation dossier include:

• 01 original report explaining the need to use foreign workers according to Form No. 01/PLI Appendix I issued with Decree No. 70/2023/ND-CP or a report explaining changes in use needs foreign workers according to Form No. 02/PLI Appendix I issued with Decree No. 70/2023/ND-CP.
• Power of attorney for individual or organization applying (if any)

The competent authority reviews and approves documents explaining the need to employ foreign workers

Pursuant to Article 30 of Decree No. 152/2020/ND-CP on competent agencies approving the need to employ foreign workers as follows:

The Ministry of Labor, Invalids and Social Affairs has the authority to approve the following cases:

• Foreign workers working for employers of international organizations or offices of foreign projects in Vietnam; state agencies or an agency or organization authorized by a state agency to establish and operate;
• Foreign non-governmental organizations are granted registration certificates by competent Vietnamese agencies under Vietnamese law.

The Department of Labor, Invalids and Social Affairs has the authority to approve in the following cases:

• Enterprises operating under the Enterprise Law, Investment Law or international treaties to which the Socialist Republic of Vietnam is a member;
• Contractors participate in bidding and perform contracts;
• Representative offices, branches of enterprises, agencies and organizations licensed for establishment by competent authorities;
• The executive office of the foreign investor in the business cooperation contract or of the foreign contractor is registered to operate in accordance with the provisions of law;
• Organize law practice in Vietnam according to the provisions of law;
• Cooperatives and unions of cooperatives are established and operate under the Law on Cooperatives;
• Business households and individuals are allowed to operate business according to the provisions of law.
• Foreign workers working for state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations established by the Commission Provincial People’s Committees, specialized agencies under the Provincial People’s Committee, and district People’s Committees were established
• Foreign workers working for non-business organizations and educational establishments established by the Provincial People’s Committee, specialized agencies under the Provincial People’s Committee, and district People’s Committee
• Enterprises operating under the Enterprise Law, Investment Law or international treaties to which the Socialist Republic of Vietnam is a member have their headquarters in a province or city but have a representative office or branch in other provinces and cities
• Foreign non-governmental organizations are granted registration certificates by competent Vietnamese agencies in accordance with Vietnamese law.

Procedure for processing dossiers explaining the use of foreign workers

Pursuant to Clause 1, Article 4 of Decree No. 152/2020/ND-CP amended by Article 1 of Decree No. 70/2023/ND-CP, the order for processing explanation documents is prescribed as follows:

Step 1: At least 15 days before the expected date of using foreign workers, the employer (except contractors) is responsible for determining the demand for foreign workers for each position that Vietnamese workers cannot meet and report and explain to the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work.

Step 2: Within 10 working days from the date of receiving the explanation report or report explaining changes in the demand for foreign workers, the Department of Labor, Invalids and Social Affairs shall issue written approval or not approve the use of foreign workers for each job position.

Services relate to explaining the demand for foreign workers of Viet An Law

• Consulting on issues related to explaining the demand for foreign workers;
• Drafting documents explaining the demand for foreign workers;
• Drafting applications for issuance, re-issuance, and extension of work permits for foreigners;
• Authorized representative of the client to carry out procedures with competent state agencies;
• Resolve labor disputes.

Above is all the information about the dossier of demand for foreign workers in Vietnam. If you have any questions or need answers, please contact Viet An Law Firm to receive the best support. Best regards!