Official Dispatch 29954/SLDTBXH-VLATLD HCM 2023 implement regulations related to foreign workers in Vietnam

Through monitoring and managing the situation of employing foreign workers of organizations and enterprises in Ho Chi Minh City according to the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020, and the Government’s Decree No. 70/2023/ND-CP dated September 18, 2023, the Department of Labor, Invalids and Social Affairs requests units to properly implement the following contents:

1. Regarding the implementation of the explanatory report on the demand and changes in the demand for employment of foreign workers:

According to Clause 2 Article 1 of the Government’s Decree No. 70/2023/ND-CP dated September 18, 2023, amending and supplementing Article 4 of Decree No. 152/2020/ND-CP, from January 1, 2024, organizations and enterprises shall notify the recruitment of Vietnamese workers for job positions expected to recruit foreign workers on the Ministry of Labor, Invalids and Social Affairs’ e-portal (the Department of Employment) or the e-portal of Center for Employment Services established under a decision of the chairperson of the provincial-level People’s Committee for at least 15 days after the expected date of explanatory report to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs where foreign workers are expected to work.

To facilitate the notification of recruitment, the Department of Labor, Invalids and Social Affairs shall inform the e-portal of Center for Employment Services of Ho Chi Minh City under the Department of Labor, Invalids and Social Affairs for units to know and contact during the process of posting the notification of recruitment from January 1, 2024 (attached to the Center for Employment Services’ Official Dispatch No. 6932/TTDVVL-GTVL dated December 25, 2023)

2. Regarding the employment and management of foreign workers

- Regarding the preparation of the dossier of application for a work permit:

+ For the job position of a manager or an executive: an organization or enterprise must pay attention to correctly determine the actual situation of operations at the unit and base on Company Charters or regulations on organization of operations to provide documents proving compliance with the job positions as prescribed at Point b Clause 5 Article 1 of Decree No. 70/2023/ND-CP dated September 18, 2023, amending and supplementing Point a and Point b Clause 4 Article 9 of Decree No. 152/2020/ND-CP.

+ For the position of an expert or a technical worker: an organization or enterprise must prepare documents proving professional qualifications, working experience for positions requiring the employment of foreign workers in accordance with contents of the explanatory report on the demand for employment of workers; avoid the case that dossiers are not received for processing due to failure to provide the appropriate degree, training certificate, working experience certificate according to the explained content.

- Regarding the conclusion of a labor contract: recently, many organizations and enterprises have not yet properly implemented the provisions in Clause 3 Article 11 and Clause 3 Article 18 of Decree No. 152/2020/ND-CP on sending the signed labor contract to the competent agency that has issued the work permit, in which the working time, job positions, job titles, and work locations stated in the labor contract must match the information on the work permit. Organizations and enterprises are requested to review and supplement contents that do not comply with regulations to avoid the case of expiration of the permit under Article 156 of the Labor Code.

- Regarding the revocation of a work permit: For the expired work permit, the employer shall revoke the work permit and return it to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs that has issued such work permit, enclosed with a document stating the reason for the revocation, in case the work permit is subject to revocation but cannot be revoked according to Clause 1 Article 21 of Decree No. 152/2020/ND-CP.

Within 5 working days after resubmitting the work permit, an organization or enterprise must contact the Department of Labor, Invalids and Social Affairs to receive a written certification of revocation of the work permit and store for use in necessary cases.

- Regarding the report on the situation of employing foreign workers for 6 months and the whole year: organizations and enterprises must make report on time as prescribed in Decree No. 152/2020/ND-CP according to the form specified in Decree No. 70/2023/ND-CP.  The Department of Labor, Invalids and Social Affairs will not receive reports after the specified time to serve the synthesis and report to the Ministry of Labor, Invalids and Social Affairs in accordance with regulations.

- Regarding the participation of social insurance: Pursuant to Clause 1 Article 2 of the Government’s Decree No. 143/2018/ND-CP dated October 15, 2018, employees being foreign citizens who possess work permits and labor contracts with employers in Vietnam are subject to compulsory social insurance. Organizations and enterprises are required to review and pay full social insurance for foreign workers working at units.

- Regarding the retention of dossiers and documents related to foreign workers: organizations and enterprises shall keep the document approving the demand of employing foreign workers issued by the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs, the dossier requesting the grant of work permits to serve human resource management and process the dossier related to foreign workers. Files of electronic documents (scanned copies) shall be stored in the information system for handling administrative procedures of Ho Chi Minh City. Organizations and enterprises can access the system to search foreign workers’ information submitted previously in case of necessity. Therefore, units should directly create accounts to log in to the system for proactive search for information.

3. Regarding regulations on penalties for administrative violations related to foreign workers

To research violations administratively sanctioned specified in Article 32 of the Government’s Decree No. 12/2022/ND-CP dated January 17, 2022, providing penalties for administrative violations in the fields of labor, social insurance, and overseas manpower supply under contract to avoid the improper implementation of regulations when employing foreign workers.

The Department of Labor, Invalids and Social Affairs hereby informs organizations and enterprises for implementation./.