GOV’T ISSUES DECREE ON FOREIGN WORKERS IN VIET NAM

The Government has issued Decree No.152/2020/ND-CP regarding foreigners working in Viet Nam and recruitment and management of Vietnamese working for foreign organizations and individuals in Viet Nam.
Under the Decree, foreigners working in Viet Nam are those who:

(i) work under labor contract;

(ii) or carry out contracts or agreement on economy, trade, finance, banking, insurance, science-technology, culture, sports, education, vocational training, health care;

(iii) or provide services under contract;

(iv) or offer services;

(v) or work for foreign non-governmental organizations or international organizations permitted to operate under Viet Nam’s law;

(vi) or work as volunteers;

(vii) or being responsible for setting up trade representative offices;

(viii) managers, managing directors, experts or technical personnel;

(ix) take part in the implementation of bidding packages or projects in Viet Nam

(x) being relatives of members of foreign representative agencies in Viet Nam who are working in the country under provisions of international treaties to which Viet Nam is a signatory.

At least 30 days prior to the date planned to start using foreign laborers, employees, except for contractors, shall be responsible for identifying the demand for foreign employees for each position that Vietnamese workers have yet to satisfy and explaining the issue to the Ministry of Labor, Invalids and Social Affairs or the provincial-level People’s Committees in the localities where foreigners are set to work in.

The Ministry of Labor, Invalids and Social Affairs or the provincial People’s Committees shall have to issue documents stating whether they accept or reject the use of foreign workers for each position within 10 working days since the reception of explanation about or report on the change in foreign laborer demand.

Prior to July 5 and January 5 of the following year, employers shall have to submit six-month and yearly reports on the use of foreign workers.