Legal News

[Labor] Points to keep in mind when hiring foreign workers

2024/04/04

The following is a summary of the points that companies employing foreign workers in Vietnam must comply with in managing foreign workers based on the current laws and regulations, based on the most frequently asked questions we receive.

1. At least 15 days prior to the planned date of employment of a foreign worker, the company must complete the application procedures for the planned employment of the foreign worker.

2. Employment and management of foreign workers
(i) Documentation when applying for a work permit
+ In the case of a manager or president: Documents must be submitted to prove that the position is filled in accordance with the company’s articles of incorporation or organization and operation regulations.
+ In the case of professionals or technicians: Documents proving professional qualifications and work experience must be submitted in accordance with the information provided in the application for a plan of employment.

(ii) Conclusion of Labor Contract:
When applying for a work permit in the form of “performance of work contract,” the enterprise must conclude a work contract and submit the work contract to the competent authorities at the same time as the application under (i) above.

(iii) Expiration of work permit: When a work permit expires, the enterprise shall return the work permit to the competent authority. Five business days after the return date, the company must contact the competent authority and receive and retain internally a document confirming the expiration of the work permit.

(iv) Semi-annual and annual reports on the recruitment of foreign nationals: companies are required to conduct reports at the prescribed time.

(v) Retention of documents related to foreign workers: Enterprises should pay attention to the retention of all documents related to foreign workers, especially the approval of the plan to use foreign workers and the application documents for work permits.

 

The above summarizes the main points to consider regarding the management of foreign workers in enterprises. We hope you will find it useful to comply with the laws and regulations and avoid administrative penalties when employing foreign workers in Vietnam.

 

Reference Laws and Regulations
Document No. 29954/SLDTBXH-VLATLD dated December 28, 2023 – Decree No. 152/2020/ND-CP
Decree No. 70/2023/ND-CP