09 Nov Managing and Recruiting Vietnamese Employees Working for Foreign Representative Office and Enterprises
Foreign Representative Office or Foreign Invested Company in Vietnam should comply with the compulsory procedure in managing and recruiting Vietnamese employees to avoid any potential risks relating to internal labor management.
The new Decree 75/2014/ND-CP which took effect on September 15th 2014 detailing the compulsory procedure for recruiting Vietnamese employees working for foreign employers, including foreign representative office in Vietnam as follows:
- Step 1. When there is a need to recruit Vietnamese employees, a foreign employer must submit a request for recruiting Vietnamese employees to Vietnamese employee recruiting agencies. The request must specify requirements for the recruiting positions: quantity, professional qualifications, foreign language qualifications, deadline, rights and duties of Vietnamese employees and the foreign employers during the employment and upon the resignation for each recruiting position.
- Step 2. Within 15 (fifteen) working days, since the receipt of the request of a foreign employer, the Vietnamese employee recruiting agency has the responsibility to select and introduce Vietnamese employees at the request of the foreign employers.
- Step 3. When the time limit prescribed at Clause 2 of this Article is expired, the Vietnamese employee recruiting agencies cannot select and introduce any Vietnamese employee at the request of the foreign employer, the foreign employer has the right to directly recruit Vietnamese employees.
- Step 4. Within 07 (seven) working days after the signing of a labor contract with a Vietnamese employee, foreign employers must inform in writing and enclose a copy of the labor contract to Vietnamese employee recruiting agencies.
In addition, the cost incurred related to the recruitment will be calculated as follows
In case the employees were successfully introduced by headhunting agencies:
- Employees obtaining University degree or higher: 20% worth of 1 month salary stated in the labor contract.
- Employees obtaining college degree or higher: 15% worth of 1 month salary stated in the labor contract.
- Employees obtaining intermediate degree or higher: 10% worth of 1 month salary stated in the labor contract.
In case the employees were recruited directly by the company as mentioned in step 3:
- 1 month 5% wage on labor contracts.
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