ACCEPTANCE OF DEMAND FOR FOREIGN WORKERS FROM LOCAL COMPETENT STATE AGENCIES

26 Feb ACCEPTANCE OF DEMAND FOR FOREIGN WORKERS FROM LOCAL COMPETENT STATE AGENCIES

Acceptance of demand for foreign workers in Vietnam

According to the new regulation comes into force as of February 15, 2021, at least 30 days before the date on which foreign workers are expected to be employed, the employer shall determine the demand for foreign workers for every job position for which Vietnamese workers are underqualified and send a corresponding report to the local competent state agencies where the foreign workers are expected to work.

DETERMINATION OF DEMAND FOR FOREIGN WORKERS

1. At least 30 days before the date on which foreign workers are expected to be employed, the employer 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 or central-affiliated city where the foreign workers are expected to work.
2. During the process, in case of any change in 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 is expected to be employed.
3. 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 non-accepted job positions within 10 working days after receiving the foregoing report on demand for foreign workers or report on change thereof.

FORMS OF FOREIGN NATIONALS EMPLOYMENT

1. Performing employment contracts.
2. Performing intra-company transfer program.
3. Performing contracts or agreements on business, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health.
4. Providing services under contracts.
5. Offering services.
6. Working for foreign non-governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the Vietnam law.
7. Working as volunteers.
8. Taking charge of establishing the commercial presence.
9. Working as managers, executives, experts, technical workers.
10. Performing packages or projects in Vietnam.

 REPORT ON EMPLOYMENT OF FOREIGN WORKERS

1. 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. 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.
2. 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 the employment of foreign workers in the province to the Ministry of Labor, War Invalids and Social Affairs.

OTHER GUIDANCES

1. “Intra-company transferee” means a manager, executive, expert or technical worker of a foreign company, which has established a commercial presence in Vietnam’s territory who is temporarily transferred within the company to the commercial presence in Vietnam’s territory and has been recruited by the foreign company at least 12 consecutive months prior to the transfer date.
2. “Expert” means a foreign worker who:a) obtains at least a bachelor’s degree or equivalent and at least 03 years’ experience in his/her training field in corresponding with the job position/job assignment that he/she will be appointed in Vietnam. b) obtains at least 5 years’ experience and a practicing certificate in corresponding with the job position that he/she will be appointed in Vietnam.
3. “Manager” means a person in charge of management of an enterprise as prescribed in clause 24 Article 4 of the Law on Enterprises or the head or deputy head of an agency or organization.
4. “Executive” means the head or a person who directly administers affiliated entities of an agency, organization or enterprise.
5. “Technical worker” means a foreign worker who: a) has been trained in technical field or another major for at least 01 year and has worked for at least 03 years in his/her training field. or b) obtains at least 5 years’ experience in corresponding with the job position that he/she will be appointed in Vietnam.
6. “Commercial presence” means a foreign-invested business entity, representative office, branch of foreign trader in Vietnam, or executive office of a foreign investor in a business cooperation contract.
7. “Service provider under contract” means a foreign worker who has worked at least 2 years (24 months) for a foreign company that has no commercial presence in Vietnam and has met the requirements of an expert.
8. “Service offeror” means a foreign worker who neither lives in Vietnam, nor receives any pay in Vietnam, and he/she engages in activities related to representation for a service provider to negotiate the consumption of service of that provider, provided neither personally selling that service to the general public, nor personally providing that service.

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