Decree amending regulations on foreign workers’ employment issued

The Government has issued a decree amending and supplementing a number of articles of its Decree No. 152 dated 2020, stipulating regulations for foreigners working in Việt Nam and foreign individuals' and organisations' recruitment and management of Vietnamese nationals in the country.

As per the new decree, at least 15 days before the starting date of a foreign worker's employment, an employer must submit a report to the Ministry of Labour, Invalids and Social Affairs or Departments of Labour, Invalids and Social Affairs of localities involved. (Illustrative photo - Source: tuoitre.vn)

As per the new decree, at least 15 days before the start date of a foreign worker's employment, an employer (except for contractors) must submit a report to the Ministry of Labour, Invalids and Social Affairs (MoLISA) or Departments of Labour, Invalids and Social Affairs of localities involved. The report clarifies the employer’s demand for the occupation whose requirements are yet to be met by Vietnamese workers.

Changes regarding a foreign employee’s position, job title, form of work, and location, as well as their number, must also be reported to the aforementioned agencies at least 15 days before their start dates.

The agencies are required to send back written approval or disapproval within 10 working days.

From 1 January 2024, the announcement for recruitment of Vietnamese workers in positions expected to recruit foreign workers will be made on the online portal of the MoLISA or of centrally-run cities’ and provinces’ employment service centres, within at least 15 days from the day of reporting to the MoLISA or the local labour departments where these foreign workers are expected to work.

The recruitment announcement includes: position and job title, job description, quantity, educational requirements, experience, salary, working hours, and location.

After being unable to recruit Vietnamese workers for the advertised positions slated for foreign workers, the employer is responsible for determining the need to employ foreign workers according to regulations.

The labour ministry/departments will issue written approval or disapproval regarding the use 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.