Decree 70/2023/ND-CP shortens the time to determine the need to use foreign workers from 30 days to 15 days from the expected date of using foreign workers compared to Decree 152/2020 /ND-CP. This article will provide readers with the latest regulations on time limit for determining the need to use foreign workers, which is helpful for enterprises hiring workers from abroad in Vietnam.
1. The order and procedures when hiring foreign workers
Employers who want to employ foreign workers need to follow the order and procedures as prescribed in Article 4 of Decree 152/2020/ND-CP, amended and supplemented by Clause 2, Article 1 of Decree Decree 70/2023/ND-CP stipulates as follows:
1.1. Determine the need to use foreign workers
At least 15 days in advance from the expected date of using foreign workers, employers (except contractors) are responsible for determining the need to use foreign workers for each job position. that the Vietnamese worker has not met and report and explain to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work according to Form No. 01/ PLI Appendix I issued with Decree 152/2020/ND-CP.
1.2 Adapting to Changing Needs: Reporting Changes in Foreign Worker Requirements
During the implementation process, if there is a change in the need to use foreign workers in terms of position, job title, form of work, quantity, and location, the employer must report to the Ministry of Labor and Trade. Soldiers and Social Affairs or the Department of Labor, War Invalids and Social Affairs according to Form No. 02/PLI Appendix I issued with Decree 152/2020/ND-CP at least 15 days in advance from the expected date of employment of the workers.
Enterprises must determine the need to use foreign workers at least 30 days in advance
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1.3 Competent authority that employer must report to
The Ministry of Labor, War Invalids and Social Affairs or the Provincial People's Committee shall issue a written approval or disapproval of the use of foreign workers for each job position according to Form No. 03/PLI Appendix I promulgated together with this Decree within 10 working days from the date of receipt of the explanation report or report explaining changes in the need to use foreign workers.
According to the above regulations, employers must determine the need to use foreign workers in job positions that Vietnamese workers cannot meet and report to the Department of Labor, War Invalids and Society where the foreign worker is expected to work at least 30 days in advance from the date of employment of the foreign worker.
Amending regulations on using foreign workers
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2. When is the reporting period for using foreign workers?
2.1 Reporting Requirements for Foreign Employers Regarding Foreign Workers
Before July 5 and January 5 of the following year, foreign employers must submit reports for the first 6 months of the year and annually on the utilization of foreign workers, using Form No. 07/PLI, which is provided in Appendix I of this Decree. The deadline for closing the reporting data for the first 6 months of the year is calculated from December 15 of the preceding year to June 14 of the reporting year. Similarly, the deadline for closing annual reporting data is calculated from December 15 of the year before the reporting year to December 14 of the reporting year.
2.2 Reporting Responsibilities for Foreign Employee Data by Government Authorities
Before July 15 and January 15 of the following year, or upon request, the Department of Labor, War Invalids, and Social Affairs is responsible for reporting to the Ministry of Labor, War Invalids, and Social Affairs on the status of foreign employees working in the area, using Form No. 08/PLI provided in Appendix I of this Decree. The deadlines for closing reporting data for the first 6 months of the year and annually shall comply with the government's regulations governing the reporting schedules of state administrative agencies.
3. Conditions for recruiting and using foreign workers working in Vietnam
3. 1. Enterprises, agencies, organizations, individuals, and contractors are only allowed to recruit foreign workers to fill management, executive, expert, and technical positions that Vietnamese workers cannot meet production and business needs.
3. 2. Before recruiting foreign workers to work in Vietnam, businesses, agencies, organizations and individuals must explain their need for labor and obtain written approval from state agencies. have authority.
3. 3. Before recruiting and using foreign workers to work in Vietnam, contractors must specifically declare job positions, professional and technical qualifications, work experience, and working hours to be used. foreign workers to carry out the bidding package and receive written approval from a competent state agency.
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