Apply for written approval of the need to employ foreign workers

Article overview

Applying for written approval of the need to employ foreign workers is an essential step in the recruitment process that businesses in Vietnam need to take. This process not only helps businesses confirm their need for international human resources but also ensures compliance with relevant legal regulations. With the following article, let’s join Long Phan to learn about the regulations for applying for written approval for the need to employ foreign workers.

How to get written approval for the need to employ foreign workers?
How to get written approval for the need to employ foreign workers?

Conditions for being allowed to employ foreign workers to work in Vietnam

According to the provisions of Article 152 of the Labor Code 2019, you need to meet the following conditions to be allowed to employ foreign workers to work in Vietnam:

  • Job location: Enterprises, agencies, organizations, individuals and contractors are only allowed to recruit foreign workers for management, executive, expert and technical labor positions for which Vietnamese workers are not qualified ability to meet production and business needs.
  • Explain the need: Before recruiting foreign workers, businesses, agencies, organizations and individuals must explain their need to use labor and receive written approval from a competent state agency.
  • Declare information: Contractors, when recruiting foreign workers, must declare in detail the job positions, professional and technical qualifications, work experience and the time needed to use foreign workers to carry out the bidding package. There must be written approval from a competent state agency.
Conditions for being allowed to employ foreign workers to work in Vietnam
Conditions for being allowed to employ foreign workers to work in Vietnam

Documents that need to be prepared to apply for an official letter approving the need to employ foreign workers

Pursuant to Articles 4 and 5 of Decree 152/2020/ND-CP (amended by Decree 70/2023/ND-CP), when applying for an official letter approving the need to use foreign workers, you need to Prepare the following documents:

  • Documents determining the need to employ foreign workers for each job position that Vietnamese workers cannot meet and reporting to the competent authority where the foreign worker is expected to work according to Form No. 01/PLI Appendix I.
  • Particularly, the contractor must declare the number, qualifications, professional capacity, and experience of foreign workers needed to implement the bidding package in Vietnam according to Form No. 04/PLI Appendix I issued with Decree 152/2020/ND-CP.

Authority to issue documents approving the use of foreign workers

Pursuant to Article 4 of Decree 152/2020/ND-CP (amended by Decree 70/2023/ND-CP), the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs is the agency. The authority issues a document approving the use of foreign workers.

The agency responsible for issuing documents approving the use of foreign workers
The agency responsible for issuing documents approving the use of foreign workers

Consulting services and support for obtaining written approval for the need to employ foreign workers

At Long Phan, we provide consulting services and support for quickly and effectively obtaining approval documents for the need to employ foreign workers. Our services include:

  • Consulting on regulations on using foreign workers, ensuring compliance with legal regulations.
  • Assist you in preparing and completing your application for approval, including necessary documents.
  • Representing and representing you to work with state agencies to quickly process documents.
  • Ensure information about job positions and professional qualifications is declared accurately and completely.
  • Monitor application processing progress and regularly update you on application status and assist in resolving arising issues.
  • Consulting on the next process after receiving written approval.

Applying for written approval of the need to employ foreign workers is an important step in the recruitment process, helping businesses ensure legality and compliance with legal regulations. This document not only proves that the business has a real need for international human resources, but also creates a basis for implementing further procedures in recruitment. If you have any questions or need to use services from Long Phan, please contact the hotline immediately: 0906735386 for the fastest and most detailed advice.