In order to manage the usage of foreign workers in Vietnam, the Vietnam state authority has requested employers to provide explanation for such need to use foreign workers.
This will be the
preliminary procedure before applying for work permit in
Vietnam then temporary
residence card in Vietnam for foreigners. The report of
demand to use of foreign workers has to meet the following requirements:
Demand to use
foreign workers: The employer (except contractors) is responsible for
determining the demand to use foreign employees for each position that the
Vietnamese employee has not met the requirement and submit written explanation.
In case the employer is a contractor, in the bidding documents, it is required
to declare the number, qualifications, professional competence and experience
of foreign workers mobilized to implement bidding packages.
Recipient:
Chairman of People’s Committees of provinces and cities under central authority
(hereinafter referred to as the provincial People’s Committee) where the
employer is headquartered.
Periodic
notification period: Every year, the employer (except contractor) is
responsible for determining the demand to use foreign employees for
explanation.
The period of
notice for the first time: Before at least 30 days from the date the employer
(except contractor) plans to recruit foreign employees, the employer must
report explanations as provided in Paragraph 1 Article 4 of Decree No. 102/2013
/ ND-CP on the demand to use foreign workers, including work position, number,
qualifications, experience, salary, working hours and submit directly to the
Department of Labour – Invalids and Social Affairs of provinces and cities
under central authority (hereinafter referred to as the Department of Labor –
Invalids and Social Affairs) where the employer is headquartered.
The period of
notice the adjustment: The employer whom is approved to use foreign
employees, that have changes in the demand for foreign workers, has to directly
submit the report explaining the adjustment and supplementation at least 30
days before the expected day for new recruitment, additional recruitment or
recruitment to replace foreign workers with the Department of Labour –
Invalids and Social Affairs where the employer is headquartered.
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