Recruitment Foreign Labor In Expert Position
Dear DB Legal - Law Firm in Vietnam. Our Company wants to employ one foreigner as the expert. Please kindly guide us on how to obtain the permit for him. Thank you.
Table of contents:
Thank you for being so interested in our services. For your questions, DB Legal – Law Firm in Vietnam answers as follows.
1) Step 1: Determining the need of employ foreign Labour:
According to Article 2.1 of Decree No. 70/2023/ND-CP dated September 18, 2023, on admending and supplementing a number of articles of Decree No. 152/2020/ND-CP dated December 30, 2020, regulating foreign workers in Vietnam recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam (“Decree 70”):
“a) At least 15 days before the expected date of employment of foreign workers, the employer (except the contractor) shall determine the demand for foreign workers for each job position that the Vietnamese employee has not yet met and reported to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor. War Invalids and Social Affairs where the foreign worker plans to work according to Form No. 01/PLI Annex I promulgated together with this Decree.
c) From January 1, 2024, the announcement of recruitment of Vietnamese workers to positions expected to recruit foreign workers shall be made on the Portal of the Ministry of Labor, War Invalids and Social Affairs (Employment Department) or the Portal of the Employment Service Center by the Chairman of the provincial People's Committee, centrally-run cities shall decide to establish themselves within at least 15 days from the expected date of reporting 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. The content of the recruitment announcement includes: position and job title, job description, number, qualification requirements, experience, salary, time and location of work. After failing to recruit Vietnamese workers to positions recruiting foreign workers, the employer shall determine the need to employ foreign workers as prescribed at Point a, Clause 1 of this Article.”
This is the amending of the timeline for step 1 of the work permit, which is shortened from at least 30 days to at least 15 days from the day on which the Foreign Labor is predicted to work in the company. Besides, from January 1, 2024, employers will be required to, at least 15 days before the expected submission of Step 1, provide notice of the recruitment of Vietnamese employees to the job positions in which foreign employees are expected to work on the public electronic information portal of the Occupational Department – Ministry of Labor, Invalids and Social Affairs (MOLISA) or a competent job service center. The content of such recruitment notification must include information such as the intended position and job title, job description, quantity, requirements for qualifications, experience, salary, working time, and location..
If the employer fails to recruit Vietnamese workers, it can then proceed to apply for the approval of using foreigners in the intended recruitment positions.
2) Step 2: Submitting for work permit:
Application for issuance of a work permit
2. The health check;
4. 02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses) taken within six months before the submission date of application.
5. An acceptance of the need for using foreign workers unless it is not required.
6. A valid certified true copy of the passport (can be certified by the employer or the competent agency).
7. Evidence of work permit eligibility for "expert” is amended as follows:
(i) who have a bachelor's degree or higher and at least three years of suitable working experience for the position to be taken in Vietnam to be considered as an "expert."
(ii) who have at least five years of working experience and have the practicing certificate that is suitable for the position to be taken in Vietnam;
The foreigners are no longer required to have a bachelor's degree or training certificate directly related to their intended job positions in Vietnam, which was required under Decree 152.
Besides, past work permits can be used to evidence work permit eligibility for an "expert" position. According to Decree 70, foreign experts can use the work permits issued in Vietnam as their eligibility in the application for the new work permits as "experts." This is a new regulation of Decree 70 compared to Decree 152 and is suitable with reality.
- Recruitment Of Foreign Labor In The CEO/Business Manager Position
- Recruitment Foreign Labor Married With Vietnamese
- Documenting the marriage registration in the Civil Status Book in Vietnam
- Authorization to register marriage in Vietnam
- Birth Registration Certificate in Vietnam
- Which projects need a fire protection license in Vietnam?
- Can foreigners have their names on a red book in Vietnam?
- Buying house for foreigners in Vietnam?
- Process for marriage registration in Vietnam?
- Please let me know the conditions for marriage registration in Vietnam?