Compliance with immigration laws for businesses in Vietnam

In the production and business process of companies and enterprises in Vietnam, there are many industries that require highly skilled and professional workers, but domestic workers do not meet those requirements. Therefore, the use of foreign workers is inevitable. So what are Employee work permit regulations? What does the law stipulate about the conditions and procedures for businesses to hire foreign workers to work? Faro Vietnam will accompany you, guide and advise you to solve this work visa requirements problem in the article below:

1. Legal basis

• Labor Code No. 2019.
• Decree No. 152/2020/ND-CP dated November 20, 2019 of the Government on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.
• Circular No. 23/2017/TT-BLDTBXH dated August 15, 2017 of the Ministry of Labor, War Invalids and Social Affairs guiding the issuance of work permits to foreign workers working in Vietnam via the electronic network and Global work permit policies.

Immigration compliance for employers in Vietnam

2. Consulting content

2.1. Conditions for enterprises to Compliance with immigration laws for businesses in Vietnam

According to Article 152 of the 2019 Labor Code, individuals, enterprises, agencies, organizations and contractors wishing to recruit and employ foreign workers in Vietnam must meet the following conditions:

• Foreign workers may only be recruited to work in managerial, executive, expert and technical positions that Vietnamese workers cannot meet according to production and business needs.
• Before recruiting foreign workers to work in Vietnam, the contractor must explain the need for labor and obtain written approval from the competent state agency.
• Before recruiting and using foreign workers to work in Vietnam, the contractor must specifically declare the job positions, professional qualifications, technical skills, work experience, working time that require the use of foreign workers to implement the bid package and obtain written approval from the competent state agency.

2.2. Conditions for foreign workers to work in Vietnam

Employer obligations for international hires in Vietnam are people with foreign nationality and must meet the following conditions:

• Be 18 years of age or older and have full civil act capacity
• Have professional qualifications, technical skills, skills, work experience; have adequate health according to the regulations of the Minister of Health;
• Not being a person who is serving a sentence or has not had his/her criminal record expunged or is being prosecuted for criminal liability under the provisions of foreign law or Vietnamese law;
• Having a work permit issued by a competent state agency of Vietnam, except for the cases specified in Article 154 of this Code.

The term of the labor contract for a foreign employee working in Vietnam must not exceed the term of the Immigration and work permit laws (02 years). When employing a foreign employee to work in Vietnam, the two parties may agree to enter into multiple fixed-term labor contracts.
 

Employer obligations for international hires

2.3. Procedures for employing foreign employees in Vietnam

To employ foreign employees, the employer must carry out two administrative procedures in turn: registering the need to employ employees and applying for a work permit for the foreign employee.

2.3.1. Procedures for registering labor demand

• Registering the demand for foreign labor: At least 30 days before the expected date of employing foreign workers, employers (except contractors) are responsible for determining the demand for foreign workers for each job position that Vietnamese workers cannot meet and reporting to the Ministry of Labor - Invalids and Social Affairs or the People's Committee of the province or centrally run city
• Register the demand for foreign labor to work at their company or organization in addition to Form No. 01 - Registering the demand for foreign labor according to Appendix I - Decree 152/2020/ND-CP 2020.
• Registering changes in the demand for foreign labor (In case the enterprise or organization has registered the demand but currently wishes to change the demand for labor).

During the implementation process, if there is a change in the need to use foreign workers, the employer must report to the Ministry of Labor, War Invalids and Social Affairs or the Provincial People's Committee.

• Registration of changes in the need to use foreign workers according to the registration of the need to use foreign workers according to form No. 02-Appendix I-Decree 152/2020/ND-CP in 2020.

2.3.2. Guide to Immigration compliance for employers to apply for a work permit

In Forms 1 and 2 of Appendix I of Decree 152/2020/ND-CP 2020, it is required to fill in all the required information according to the prescribed form. However, in the explanation section, the employer must clearly state the reason why there is a need to use foreign workers to work at his/her unit. Why not use domestic workers for the positions and jobs that foreign workers are expected to be recruited for. Depending on the reality of the enterprise or organization, explain the reason reasonably and appropriately.

Note that in Vietnam today, we prioritize recruiting highly qualified workers that domestic workers cannot meet or cannot replace to apply temporary and permanent visa processes. Vietnam does not accept the use of unskilled and simple workers.

The competent state agency shall consider based on the provisions of law as well as the actual demand for foreign labor of the enterprise and decide to approve or disapprove the labor demand of the proposed employer. If the enterprise's labor demand is not approved, the competent state agency shall respond in writing and clearly state the reasons for disapproval.

2.3.3. Instructions for submitting the application for registration of the need to use foreign labor

• Submit directly: Enterprises submit to the Department of Labor, War Invalids and Social Affairs of the province or city where the enterprise has its head office or the Management Board of industrial and export processing zones where the enterprise has production and business activities or the Department of Employment, depending on the management authority of each unit/Enterprise/Organization.
• Submit the application for registration of the need to use foreign labor online: Access the website of the Department of Employment www.dvc.vieclamvietnam.gov.vn and register according to the instructions.

At least 30 days before the expected date of employing foreign workers, the enterprise (except the contractor) shall submit a report explaining the need to employ foreign workers to the Approval Authority.

The time for processing the application for approval is 15 working days.

Above are our opinions on the current legal regulations on conditions and procedures for Immigration compliance for employers to work in Vietnam. Faro Vietnam is pleased to accompany clients in resolving all legal issues of Foreign worker employment eligibility. Please contact us to receive the best consulting services.

>>>Read more: Hr service - Recruitment agencies in vietnam

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