A Chinese receives check-up upon arriving at a quarantine site in Vietnam (Photo: VNA) Hanoi (VNA) – TheGovernment recently issued Decree No 152/2020/ND-CP featuring regulations onforeigners working in Vietnam and the recruitment and management of Vietnameseworking for foreign organisations and individuals in the country.
This degree stipulates thatforeigners working in Vietnam are those under labour contracts; moving within abusiness; carrying out contracts or agreements on economy, trade, finance,banking, insurance, science - technique, culture, sports, education, vocationaltraining, or health care; providing services under contract; offering services;working for foreign non-governmental organisations or internationalorganisations permitted to operate under Vietnam’s law; working as volunteers;being in charge of setting up trade representative offices; being managers,managing directors, experts, or technical personnel; taking part in theimplementation of bidding packages or projects in Vietnam; or being relativesof members of foreign representative agencies in Vietnam who are allowed towork in the country under regulations in the international treaties to whichVietnam is a party.
At least 30 days prior to theday planned to start using foreign labourers, employers, except forcontractors, are responsible for identifying the demand for foreign employeesfor each position that Vietnamese workers have yet to satisfy and explainingthe issue to the Ministry of Labour, Invalids and Social Affairs (MoLISA) orthe provincial-level People’s Committees in the localities where foreigners areset to work in.
Illustrative image (Photo: VNA) If they want to change thedemand for foreign labourers, employers have to report to the MoLISA orprovincial-level People’s Committees at least 30 days prior to the day plannedto start using foreign labourers, according to the decree.
The decree also stated thatin case foreigners are subject to Clauses 3, 4, and 5 of Article 154 in theLabour Code and Clauses 1, 2, 8, 9, 10, 11, 12, and 13 of Article 7 in thisdecree, employers do not have to identify the foreign labourer demand.
Meanwhile, the MoLISA or theprovincial-level People’s Committees have to issue documents accepting orrejecting the use of foreign workers for each job position within 10 workingdays since the reception of explanation about or report on the change inforeign labourer demand.
A Samsung factory in Vietnam (Photo: VNA) In addition, beforerecruiting foreigners, contractors has responsibility for detailing the number,professional capacity, and experience of foreign workers they want to employ toimplement bidding packages in Vietnam, while proposing the recruitment ofVietnamese workers for the positions for which they plan to employ foreignersto the chairpersons of provincial-level People’s Committees in the localities wherebidding packages are carried out.
The chairpersons ofprovincial-level People’s Committees will order local agencies andorganisations to introduce and supply Vietnamese workers for the contractors orcoordinate with agencies and organisations in other localities to introduce andsupply Vietnamese workers.
If local parties are unableto provide Vietnamese workers for contractors within two months since theyreceive the request for at least 500 Vietnamese labourers, one month in termsof the request for 100 to less than 500 Vietnamese labourers, or 15 days interms of the request for under 100 Vietnamese labourers, the chairpersons ofprovincial-level People’s Committees have to make decisions on contractors’recruitment of foreigners for the jobs for which no qualified Vietnameseworkers are found.
Contractors have to report onthe use of foreign employees during the first half of a year and the whole yearbefore July 5 and January 5 of the following year, respectively, the decree said./.
VNA
