Decree regulates foreign labor employment
The Government has recently issued a Decree including detailed regulations to implement the Labor Code's articles related to foreign laborers working in Viet Nam.
Foreign laborers, including managers, CEOs, experts and technicians, will be licensed with work permits if they have full civil act capacity and meet health requirements. They shall not be offenders or subject to criminal prosecution, and they must be accepted in writing by relevant State agencies on their work in Viet Nam.
A licensed work permit for a foreign laborer is valid for two years.
Annually, employers (except for contractors) must review their demands of employing foreign laborers for the positions that Vietnamese laborers are unable to take on and send a report to the Chairman or Chairwoman of the People’s Committee of the locality where the employers’ head offices are located.
The Chairman or Chairwoman shall notify in writing his/her agreement to the proposed employment of foreign workers for specific positions.
If foreign laborers are required for some packages of a project, the project bidding dossier should clarify the number, qualification, professional capacity and experience of the needed foreign laborers. It is prohibited to hire foreign laborers, especially those unskilled and without professional training, for the positions for which Vietnamese workers are able to undertake.
Before recruiting foreign laborers for the needed positions, contractors must ask the Chairman or Chairwoman of the People’s Committee of the locality where their projects are to be carried out to help with the supply of Vietnamese human resource for these positions.
If the recruitment requirement of over 500 Vietnamese laborers can not be met within two months, the Chairman or Chairwoman can consider and decide to allow contractors to recruit foreign laborers. This is also applied for the recruitment of under 500 laborers which can not be responded within one month.
The Departments of Labor, Invalids and Social Affairs across the country shall have to report to the Ministry of Labor, Invalids and Social Affairs about their local situation and demands of employing foreign laborers.
The Decree will come into effect as from November 1, 2013./.
source: chinhphu.vn
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