The Ministry of Labor, Invalids and Social Affairs (MoLISA) has recently released a Circular guiding some articles of the Labor Code relating to foreign workers in Vietnam.
Employers that can issue or withdraw work permits of foreign nationals and seek police assistance in expelling foreign workers without work permits include State agencies; political, socio-political, socio-occupational-political, social, and socio-occupational organizations; professional units established under State organizations; foreign non-government organizations and international organizations in Vietnam; foreign project offices or offices of international organizations in Vietnam; and cooperatives and cooperative groups established and operating under the law.
The main thrust of the new Circular requires companies looking to engage a foreign worker to submit a recruitment plan to the local Department of Labor, War Invalids and Social Affairs at least 30 days prior to engaging any foreign worker.
If the applying company has already submitted an application but would like to amend it, they should do so during the 30-day application period.
Agencies issuing the work permit are required to inform the company of the approval to engage a foreign workers or otherwise within 15 days of receiving the application.
Chairmen of provincial authorities are required to lead their local government organizations in referring and supplying Vietnamese workers to contractors of projects when there is recruitment demand. If no suitable Vietnamese worker is available, they must allow contractors to decide to engage foreign workers for such positions.
There are about 83,000 foreign workers in Vietnam, according to the latest figures from MoLISA.
Vietnam Economic Times