Responsibilities of foreign employers using Vietnamese workers

Article overview

Foreign employers using Vietnamese workers bring many benefits not only to businesses but also to workers and the economy. Attracting Vietnamese workers helps businesses access quality human resources, save costs and increase production capacity. Through the following article, Long Phan will introduce to customers information about the responsibilities of foreign employers using Vietnamese workers.

Responsibilities of foreign employers using Vietnamese workers
Responsibilities of foreign employers using Vietnamese workers

Regulations on foreign employers using Vietnamese workers

Vietnamese law clearly regulates the employment of Vietnamese workers by foreigners. Specifically, the use and recruitment of Vietnamese workers by foreign organizations is regulated in Decree 152/2020/ND-CP, as follows:

  • When there is a need to employ Vietnamese workers, foreign organizations or individuals can recruit directly or through employment service organizations.
  • If recruiting through a competent organization, they need to send a written request clearly stating the position requirements, number, qualifications, rights and obligations of workers.
  • Organizations with authority to recruit and manage Vietnamese workers working for foreign organizations and individuals include: Organizations decentralized, authorized, assigned tasks by the Ministry of Foreign Affairs, or organizations authorized by the Human Resources Committee. Provincial people decentralize, authorize, and assign tasks.
  • Within 15 working days from the date of receipt of the written recruitment request, the competent organization must recruit or answer the reason if it cannot introduce suitable workers.
  • After signing a labor contract with a Vietnamese employee, foreign organizations and individuals must notify in writing and send a copy of the contract with a Vietnamese translation (if the contract is in a foreign language) within 7 days.

CSPL: Article 22, 24 Decree 152/2020/ND-CP.

Legal regulations on foreign employers using Vietnamese workers
Regulations on foreign employers using Vietnamese workers

Responsibilities of foreign employers using Vietnamese workers

Foreign employers when recruiting and using Vietnamese workers need to comply with many regulations to protect workers’ rights and maintain the legality of their business activities. According to 26 Decree 152/2020/ND-CP, foreign organizations and individuals have the following responsibilities:

  1. Fully comply with the provisions of the Labor Code and current laws.
  2. Comply with the terms of the labor contract signed with Vietnamese workers.
  3. Before December 15 every year or upon request, foreign organizations and individuals must report on the recruitment and use of Vietnamese workers, according to Form No. 02/PLII in Appendix II of the Decree. The statistical time is calculated from December 15 of the previous year to December 14 of the reporting year and the report is sent as follows:
  • Organizations and individuals specified in Points a, b, c and d, Clause 3, Article 2 of the Decree send reports to competent organizations as prescribed in Point a, Clause 1, Article 22 of the Decree;
  • Organizations and individuals specified in Point dd, Clause 3, Article 2 of the Decree send reports to competent organizations as prescribed in Point b, Clause 1, Article 22 of the Decree.

Penalties for violating responsibilities of using Vietnamese labor

Vietnamese law stipulates specific sanctions for foreign employers who violate regulations on employing Vietnamese workers. Penalties for violations of Vietnamese labor employer responsibilities often include:

  • Fine: Depending on the level of violation, organizations or individuals may be fined with fines ranging from administrative violations to more serious levels.
  • Forced restoration of rights: If the violation affects the rights of employees, the violating organization or individual may be forced to restore the violated rights.
  • Temporary suspension of operations: In case of serious violations, the competent authority may decide to temporarily suspend the operations of organizations or individuals for a certain period of time.
  • License revocation: If violations persist or cannot be remedied, organizations and individuals may have their operating licenses related to employment revoked.
  • Criminal prosecution: For serious violations, criminal liability may be prosecuted according to the provisions of law.

These sanctions are intended to protect workers’ rights and ensure fairness in the labor market.

Penalties for violating responsibilities of using Vietnamese labor
Penalties for violating responsibilities of using Vietnamese labor

Consulting services for foreign employers in Long Phan

Long Phan specializes in providing comprehensive consulting services to foreign employers when recruiting and using Vietnamese workers. Main services include:

  • Instructions on drafting, adjusting and implementing labor contracts in accordance with Vietnamese law.
  • Advise employers on fulfilling social insurance obligations, personal income tax and other financial obligations.
  • Provide solutions in case of violations of labor contracts.
  • Support customers in carrying out procedures at competent agencies.
  • Advise on how to handle labor disputes and support representation in case of need.

Understanding and complying with Vietnamese labor employment regulations is very important to ensure obey the law and protect workers’ rights. Long Phan is ready to support customers with in-depth consulting services, helping foreign enterprise in Vietnam. For more details, please contact the hotline 0906735386.