REGISTRATION OF THE DEMAND FOR USE FOREIGNERS
Enterprises are entitled to recruit foreign workers to work, but before applying for a Work permit. Foreign employers (except contractors) must explain the registration of the need to employ foreigners at least 30 days in advance from the expected date of employment (According to Article 4 of Decree 152/2020). /ND-CP).
Steps to register the need to use foreigners
Step 1: Prepare dossiers Form 01/PLI issued under Decree 152/2020/ND-CP
Download templates HERE (Official letter explaining the enterprise's need to use foreign workers).
Method: Fill in the required information, the content must clearly explain the need to use foreigners
Current situation of using foreign workers (if any), description of job position, job title and requirements on qualifications and experience to perform that job, reasons for not recruiting Vietnamese The location is expected to use foreign workers.
Working form: choose one of the working forms as prescribed in Clause 1, Article 2 of Decree 152/2020/ND-CP:
- Execution of employment contract.
- Moving within the enterprise.
- Performing all kinds of contracts or agreements on economic, commercial, financial, banking, insurance, science and technology, culture, sports, education, vocational education and health.
- Contracted service provider.
- Offering services.
- Working for foreign non-governmental organizations, international organizations in Vietnam are allowed to operate in accordance with the provisions of Vietnamese law.
- Volunteers.
- Person responsible for establishing a commercial presence.
- Managers, executives, experts, technical workers.
- Participating in the implementation of bidding packages and projects in Vietnam.
- Relatives of members of foreign representative missions in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.
Step 2: Identify the agency receiving the dossier explaining the labor demand:
Agencies competent to receive dossiers of explanation of labor demand are specified in Articles 2, 4 and 30 of Decree 152/2020/ND-CP specifically:
a) The Ministry of Labour, Invalids and Social Affairs issues work permits to non-business agencies and units, including:
- State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations by the Government, the Prime Minister, the ministries , the industry allows the establishment.
- Non-business organizations and educational institutions established in accordance with law and permitted by the Government, the Prime Minister, ministries and branches.
- International organizations, offices of foreign projects in Vietnam; agencies and organizations that are permitted by the Government, the Prime Minister, ministries and branches to establish and operate in accordance with law.
- Enterprises operating under the Enterprise Law, Investment Law or international treaties to which the Socialist Republic of Vietnam is a contracting party, having its head office in a province or city but having a representative office or branch. Branches in other provinces and cities can choose to approve the demand for foreign workers at the Ministry of Labour, Invalids and Social Affairs.
- A foreign non-governmental organization that has been granted a certificate of registration by a competent Vietnamese agency in accordance with Vietnamese law may choose to approve the need to employ foreign workers at the Ministry of Labour, Invalids and Social Affairs.
b) The Department of Labor, War Invalids and Social Affairs issues work permits to:
- Enterprises operating under the Enterprise Law, Investment Law or international treaties to which the Socialist Republic of Vietnam is a signatory.
- Contractor participates in the bid and performs the contract.
- Representative offices, branches of enterprises, agencies and organizations licensed to be established by competent agencies.
- The operating office of the foreign investor in the business cooperation contract or of the foreign contractor shall be registered to operate in accordance with the law.
- To organize law practice in Vietnam according to the provisions of law.
- Cooperatives and unions of cooperatives established and operated under the Law on Cooperatives.
- Business households and individuals are allowed to conduct business in accordance with the law.
- State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations shall be appointed by the People's Committees of provinces and cities. Professionals established by the People's Committee of the province and the People's Committee of the district.
- Non-business organizations and educational institutions established in accordance with law are established by the People's Committee of the province, specialized agencies of the People's Committee of the province, and the People's Committee of the district.
- A foreign non-governmental organization that has been granted a certificate of registration by a competent Vietnamese agency in accordance with Vietnamese law may choose to approve the need to employ foreign workers at the Department of Labor. - Invalids and Social.
c) Management boards of industrial zones, economic zones, export processing zones and high-tech zones for enterprises operating in the above zones.
Step 3: Submit application for registration of the need to use foreigners in person or online.
Enterprises wishing to employ foreign workers shall authorize or introduce in writing specific individuals to submit application for registration of the need to employ foreigners.
Depending on the receiving agency, businesses can apply online. In case of online submission, the applicant should note:
➱ Create an account with correct information: Full name, Phone number, ID card/CCCD number.
➱ The profile must be scanned with all sides, clear joinery, fully bordered.
➱ Regularly monitor the processing progress of the application, the date of the payment appointment of the competent authority.
Above are the steps to register the need to use foreigners. However, after being approved by the licensing agency, businesses need to carry out documents to issue a work permit according to regulations.
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