Decree No. 46/2011/ND-CP dated June 17, 2011 of the Government on amending, supplementing some Articles of the Decree No. 34/2008/ND-CP dated March 25, 2008 of the Government on employment and administration of foreign employees working in Vietnam

TWO MORE ORGANIZATIONS ARE ALLOWED TO RECRUIT FOREIGN EMPLOYEES

Government issued the Decree No. 46/2011/ND-CP on amending; supplementing some Articles of the Decree No. 34/2008/ND-CP dated March 25, 2008 of the Government on employment and administration of foreign employees working in Vietnam.

Accordingly, the Decree supplements more 2 forms of enterprises allowed to use foreign employees: associations, enterprise associations are established in accordance with Vietnam legal regulations; business households and individuals who are allowed to do business according to Vietnam legal regulations by authorized agencies.

At least thirty (30) days prior to recruiting employees, the employer must publish its need to recruit employees in planned positions of foreigners on at least 01 (one) some central newspaper and at least 01 (one) local newspaper in one of written, oral, pictorial or electronic form with the contents: number of employees, positions, professional knowledge, salary level and other incomes, working conditions and other contents required by employees.

It shall not be necessary to publish the above-mentioned notice in a central or local newspaper if the employer recruits employees via a recruitment agency or foreigners in Vietnam are working in international schools within the management scope of foreign diplomatic representative agencies, international inter-government organizations in Vietnam.

In the process of making calling document, requirement document, investors have to regulate contents in using Vietnamese labors and foreigners in accordance with legal regulations, especially, Vietnamese labors must be prior  in doing jobs that they have capabilities. In the case that the package need foreigners with suitable professional knowledge with the package, ways of using foreigners including: occupation positions, quantity, professional knowledge, experience and time of implementation must be regulated in calling document and requirement document by contractors.

The Decree also amends and supplements some regulations on process, procedure of issuing, extending and re-issuing work permits for foreign employees working in Vietnam as well as responsibilities of Ministries, industries and localities in managing foreign employees in Vietnam.