REPORT ON THE EMPLOYMENT OF FOREIGN WORKERS

Báo Cáo Tình Hình Lao Động 6 Tháng Cuối Năm

I. Legal Basis

Decree 152/2020/ND-CP regulates the management of foreign labor working in Vietnam. The main content includes conditions, procedures for issuing work permits, exemptions from work permits, and the management of the use of foreign labor. Enterprises that employ foreign workers must submit periodic reports on the use of labor, ensuring compliance with legal regulations, and submit the reports to the local labor management authorities.
Decree 22/2022/ND-CP amends and supplements certain provisions of Decree 152/2020/ND-CP, including regulations on exemptions from work permits for specific categories and the working conditions of foreign workers. This decree also adjusts the reporting procedures and management of the use of foreign labor to facilitate enterprises while ensuring strict management from the state authorities.

II. Deadline for Reporting the Use of Foreign Labor

Báo cáo tình hình sử dụng lao động Việt Nam trong doanh nghiệp nước ngoài

In the context of managing foreign labor in Vietnam, compliance with the reporting deadlines is very important. For the report on the use of foreign labor in the first six months of the year, enterprises need to submit their reports between June 15 and July 5 each year. The statistical data used for this report will be calculated from December 15 of the previous year to June 14 of the reporting year, providing an overview of the use of foreign labor in the first half of the year.
In addition to the semi-annual report, enterprises are also responsible for submitting an annual report. The deadline for this report extends from December 15 to January 5 of the following year. The statistical data for the annual report will include the period from December 15 of the previous year to December 14 of the reporting year. This ensures that the information provided is complete and accurate, reflecting the actual situation of foreign labor in the enterprise throughout the year.
Adhering to the regulations regarding reporting deadlines not only helps enterprises avoid legal troubles but also facilitates better management and development of human resources.

III. Where to Submit Reports on the Use of Foreign Labor?

Hướng dẫn báo cáo tình hình sử dụng lao động Việt Nam trong doanh nghiệp nước ngoài

Submitting reports on the use of foreign labor is a significant legal obligation for enterprises in Vietnam. Depending on the status of the enterprise, the reporting process may differ. For enterprises subject to work permit issuance managed by the Ministry of Labor, Invalids, and Social Affairs, the report must be submitted directly to the Employment Department and the Department of Labor, Invalids, and Social Affairs of the province or city where the foreign workers are employed.
In cases where the enterprise is not subject to work permit issuance, the report still needs to be submitted to the Department of Labor, Invalids, and Social Affairs of the corresponding province or city. In addition to submitting reports directly, enterprises can also choose to submit reports online to save time and enhance efficiency. To do this, they can access the Google Form link provided by the Department of Labor, Invalids, and Social Affairs or scan the corresponding QR code to fill in the report information.
This method of submitting reports not only helps enterprises fulfill their legal obligations but also facilitates authorities in managing and supervising the use of foreign labor locally. The accuracy and timeliness of report submissions will contribute to ensuring the legal rights of workers and creating a transparent and efficient working environment.

IV. What Happens if You Don’t Submit the Report on the Use of Foreign Labor?

Báo cáo tình hình sử dụng lao động Việt Nam trong doanh nghiệp nước ngoài

Submitting periodic reports on the use of foreign labor is a crucial legal obligation that enterprises in Vietnam must fulfill. The purpose of this report is to assist authorities in monitoring and managing the situation of foreign labor, thereby ensuring the legal rights of workers. If an enterprise fails to submit the report, submits incorrect content, or does not adhere to the specified deadlines, it will face administrative penalties. Specifically, individuals responsible for submitting the report may be fined from 1 to 3 million VND, while organizations violating the regulations will face fines ranging from 2 to 6 million VND.
In addition to financial penalties, non-compliance with this regulation can lead to more serious consequences, such as a loss of credibility in business operations, difficulties in obtaining work permits for foreign employees in the future, and even being required to explain to authorities. Therefore, fulfilling reporting obligations accurately and promptly not only helps enterprises avoid penalties but also creates a more professional and responsible working environment.

V. About Us, Hankuk Law Firm

Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

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For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

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