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An acceptance of demand for foreign workers
In the context of globalization and economic development, the use of foreign labor has become a significant and widely discussed topic. Aiming to meet labor demands, provide specialized skills, and promote economic growth, the document approving the need to employ foreign workers has become an essential tool in labor management. In this article, Siglaw will help you understand the type of document that businesses need if they wish to employ foreign labor.
What is an acceptance of demand for foreign workers ?
Part 2, Article 152 of the 2019 Labor Code ststipulates: “Requirements for employment of foreigners in Vietnam”:
- Enterprises, organizations, individuals and contractors shall only employ foreigners to hold positions of managers, executive directors, specialists and technical workers the professional requirements for which cannot be met by Vietnamese workers.
- Recruitment of foreign employees in Vietnam shall be explained and subject to written approval by competent authorities.
- Before recruiting foreign employees in Vietnam, a contractor shall list the positions, necessary qualifications, skills, experience and employment period of the contract, and obtain a written approval from a competent authority.
Based on the above regulation, it can be determined that the document approving the need for employing foreign workers is a document reflecting the state authority’s approval of the enterprise’s demand and intention to employ foreign labor. In other words, the document approving the need for employing foreign workers is an essential paper that allows enterprises to recruit and employ foreign workers in Vietnam.
Is a document approving the need for employing foreign workers required?
If an enterprise wishes to recruit foreign workers for its operations, the answer is definitely YES. The primary purpose of this document is to demonstrate the state authority’s legal authorization for the enterprise to recruit and employ foreign workers and to apply for work permits in Vietnam. This approval is justified because social relations involving foreign elements are highly complex, governed not only by Vietnamese law but also by international regulations.
Authority to issue the document approving the need for employing foreign workers
Pursuant to Clause 2, Article 4 of Decree No. 152/2020/ND-CP: “The Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province shall issue a document specifying accepted job positions and non-accepted job positions, using Form No. 03/PLI Appendix I hereto appended within 10 working days after receiving the foregoing report on demand for foreign workers or report on change thereof.”
Under current legal regulations, the authority to issue the document approving the need for employing foreign workers lies with the Ministry of Labor, War Invalids and Social Affairs or the Provincial People’s Committee. The approval process takes approximately 10 working days from the date the state authority receives the explanatory report or the report on changes in the need for employing foreign workers from the enterprise.
Template for the Document Approving the Need for Employing Foreign Workers
Enterprises are required to prepare the Application for Approval of the Need for Employing Foreign Workers using Form No. 01/PLI.
If approved, the state authority will issue an Official Dispatch approving the need for employing foreign workers to the enterprise.
Procedure for Applying for Approval to Employ Foreign Workers
| Procedure | Content | Document |
| Step | At least 30 days prior to the expected date of employing foreign workers, the employer must determine the need for foreign workers for specific job positions that cannot be filled by Vietnamese workers. The employer must then submit an explanatory report on the need to employ foreign workers to the Department of Labor, War Invalids and Social Affairs or the Provincial People’s Committee where the foreign workers are expected to work.
If there are any changes in the need to employ foreign workers during the process, the employer must submit a revised explanatory report to DOLISA or the Provincial People’s Committee. This report must also be submitted at least 30 days before the new expected date of employing foreign workers. |
Form No. 01/PLI, Appendix I: Issued together with Decree No. 152/2020/ND-CP – Used for the explanatory report on the need for employing foreign workers.
Form No. 02/PLI, Appendix I: Issued together with Decree No. 152/2020/ND-CP – Used for the revised explanatory report on changes in the need for employing foreign workers. |
| Step 2 | Within 10 working days from the date of receiving the explanatory report or the revised explanatory report on the need to employ foreign workers, the Department of Labor, War Invalids and Social Affairs or the Provincial People’s Committee will issue a written approval or rejection regarding the employment of foreign workers for each specific job position. | Form No. 03/PLI, Appendix I: Issued together with Decree No. 152/2020/ND-CP – Used for the written approval or rejection regarding the employment of foreign workers for specific job positions. |
Consulting Services for acceptance of demand for foreign workers
Advantages: Siglaw is one of the leading law firms in Vietnam, with a team of experienced lawyers and legal experts in the field of investment law. We are committed to providing our clients with dedicated and effective support, meeting all their needs throughout the consultation process and in the procedures for obtaining approval to employ foreign workers.
Experience: With many years of operation in the legal field, we take pride in being a pioneer in providing investment consulting services, establishing enterprises, and supporting businesses from A to Z throughout every process. We continuously update and stay informed about the latest legal developments, helping clients make accurate and prompt decisions.
Siglaw Team: The team of lawyers at Siglaw includes highly qualified professionals with extensive experience in addressing legal issues across all sectors. We are capable of providing the most suitable solutions and risk management strategies to help clients implement their projects as easily and conveniently as possible.
Cost: Obtaining approval to employ foreign workers is one of the steps in the process of establishing and operating a business that Siglaw frequently assists clients with. We are committed to offering services at reasonable and competitive costs. We will discuss the necessary expenses directly with clients before starting the work so that they can better manage their budgets and financial plans.
The above information pertains to the topic of “An acceptance of demand for foreign workers” from the staff at Siglaw Firm. If clients have any issues that need resolving, please contact Siglaw for prompt, completely free support.
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