IS IT NECESSARY TO RECRUIT VIETNAMESE WORKERS BEFORE RECRUITING FOREIGN WORKERS?
Legal base
- Decree 152/2020/ND-CP
- Decree 70/2023/ND-CP
- Labor Code 2019
Is it necessary to recruit Vietnamese workers before recruiting foreign workers?
Employers (except contractors) must determine the need to use foreign workers for each job position that Vietnamese workers cannot meet at least 15 days in advance from the expected date of use. employ foreign workers.
After that, the employer must 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.
Information that needs to be posted for recruitment
Recruitment of Vietnamese workers must be announced on the Electronic Information Portal of the Ministry of Labor, War Invalids and Social Affairs (Department of Employment) or the Electronic Information Portal of the Service Center. Employment cases are established under the decision of the Chairman of the People’s Committee of the province or centrally run city. Some information that needs to be posted includes:
– Location and job title;
– Job description;
– Quantity;
– Requirements on qualifications and experience;
– Wage;
– Working time and location.
Cases where it is not necessary to determine the need to use foreign workers
However, there are still some cases where it is not necessary to determine the need to use foreign workers such as:
– Head of representative office, project or Mainly responsible for the activities of international organizations and foreign non-governmental organizations in Vietnam.
– Entering Vietnam for a period of less than 03 months to offer services, troubleshoot problems, complex technical and technological situations that arise that affect or have the risk of affecting production and business that experts Vietnamese experts and foreign experts currently in Vietnam cannot handle it.
– Foreign lawyers have been granted a License to practice law in Vietnam. – Foreigners marry Vietnamese and live in Vietnamese territory.
– Owners or capital contributing members of limited liability companies with capital contribution value of 3 billion VND or more.
– Chairman of the Board of Directors or member of the Board of Directors of a joint stock company with capital contribution value of 3 billion VND or more.
– Entering Vietnam to provide professional and technical consulting services or perform other tasks serving research, development, appraisal, monitoring, evaluation, management and program implementation, the project uses official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent agencies of Vietnam and foreign countries.
– Licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam according to the provisions of law.
– Volunteers.
– Enter Vietnam to work as a manager, executive director, expert or technical worker with a working period of less than 30 days and no more than 03 times in 01 year.
– Enter Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels according to the provisions of law.
– Pupils and students studying at schools and training facilities abroad who have internship agreements in agencies, organizations and businesses in Vietnam; interns and trainees on Vietnamese ships.
– Relatives of members of foreign representative agencies in Vietnam.
– Have an official passport to work for a state agency, political organization, or socio-political organization.
– Person responsible for establishing commercial presence.