Revised Decree on Employment of Foreign Workers Introduced

 

Revised Decree on Employment of Foreign Workers Introduced

This initiative not only aims to provide clear guidelines for foreign nationals but also seeks to enhance opportunities for Vietnamese citizens.

The Government has recently issued a decree that brings about revisions and additions to several articles of Decree No. 152, dated 2020. This decree lays out the regulations governing the employment of foreigners in Vietnam and the recruitment and management of Vietnamese nationals by foreign individuals and organizations within the country.

Under the new decree, employers (excluding contractors) are required to submit a report to the Ministry of Labour, Invalids and Social Affairs (MoLISA) or the Departments of Labour, Invalids, and Social Affairs in relevant localities at least 15 days before a foreign worker's employment begins. This report should outline the employer's specific job requirements that cannot be met by Vietnamese workers.

Furthermore, any changes related to a foreign employee's position, job title, work arrangement, location, or their total number must also be reported to the aforementioned authorities at least 15 days in advance of these changes taking effect.

The responsible agencies are then mandated to respond with written approval or disapproval within 10 working days.

Starting from January 1, 2024, the recruitment of Vietnamese workers for positions that are expected to be filled by foreign workers will be announced on the online portal of MoLISA or the employment service centers of centrally-run cities and provinces. This announcement must occur within a minimum of 15 days after reporting to MoLISA or the local labor departments where foreign workers are expected to be employed.

The recruitment announcement will contain information such as the job position, title, responsibilities, quantity of positions available, educational prerequisites, required experience, salary details, working hours, and location.

If an employer fails to recruit Vietnamese workers for the positions advertised for foreign workers, they are responsible for determining the necessity of employing foreign workers in accordance with the regulations.

The labor ministry and local departments will issue written approvals or disapprovals regarding the utilization of foreign workers for each job position within 10 working days from the date of receiving the report or the report on changes in the need to employ foreign workers. — VNS