Recruiting Vietnamese workers to work for foreign organizations and individuals

Article overview

Recruiting Vietnamese workers for foreign organizations and individuals plays an important role in connecting quality human resources with international job opportunities. This process helps foreign organizations easily access labor and gives Vietnamese workers the opportunity to develop their careers, expand their experience and improve their competitiveness. In the article below, Long Phan will provide regulations related to recruiting Vietnamese workers for foreign organizations and individuals.

Recruiting Vietnamese workers to work for foreign organizations and individuals
Recruiting Vietnamese workers to work for foreign organizations and individuals

Responsibilities of foreign organizations and individuals when using Vietnamese workers

According to Article 26 of Decree 152/2020/ND-CP, foreign organizations and individuals in Vietnam must comply with the following responsibilities when employing Vietnamese workers:

  • Compliance with legal regulations: Foreign organizations and individuals must strictly comply with the provisions of the Labor Code and current legal regulations related to labor.
  • Implementation of labor contract: It is necessary to fully implement the terms of the labor contract signed with Vietnamese workers.
  • Reporting on labor utilization: Before December 15 of each year or upon request, foreign organizations and individuals must report on the recruitment and utilization of Vietnamese labor to competent authorities.

These regulations ensure that foreign organizations and individuals must fulfill their responsibilities in employing Vietnamese workers, creating a transparent working environment and complying with the law.

Responsibilities of foreign organizations and individuals when using Vietnamese workers
Responsibilities of foreign organizations and individuals when using Vietnamese workers

Procedures for recruiting Vietnamese workers to work for foreign organizations and individuals

Recruiting Vietnamese workers to work for foreign organizations and individuals in Vietnam must comply with the procedures specified in Article 23 and Article 24 of Decree 152/2020/ND-CP.

Application for admission

Application documents of Vietnamese workers working for foreign organizations and individuals need to comply with the regulations in Article 23 of Decree 152/2020/ND-CP, including:

  • Labor recruitment registration form: According to Form No. 01/PLII Appendix II issued together with Decree 152.
  • Identification documents: Certified copy of birth certificate, identity card or citizen identification card.
  • Health certificate: Issued by a competent medical facility within 12 months.
  • Certified copies of diplomas/certificates: Certificates of professional, technical, professional and foreign language qualifications related to the registered job.

Foreign documents need to be consular legalized, translated into Vietnamese and notarized according to Vietnamese law.

Execution order

Step 1: Determine recruitment needs

  • Foreign organizations and individuals can recruit Vietnamese workers directly or through employment services, labor leasing businesses, or competent organizations.

Step 2: Send recruitment request

If recruiting through a competent organization, foreign organizations and individuals must send a written request for recruitment. The document should clearly state:

  • Position needed
  • Number of employees
  • Professional, technical and foreign language qualifications required
  • Recruitment time
  • Rights and obligations of both parties.

Step 3: Process the request

  • Within 15 working days of receiving the written request, the organization with recruitment authority is responsible for finding and introducing suitable workers.
  • If they cannot introduce workers, they must send a written response clearly stating the reason.

Step 4: Notify the labor contract

  • After signing a labor contract with a Vietnamese employee, foreign organizations and individuals must notify in writing within 7 working days.
  • Attached must be a certified copy of the contract and related documents.
  • If the contract is signed in a foreign language, a Vietnamese translation must be provided.

Authority for recruiting Vietnamese workers for foreign organizations and individuals

According to Article 22 of Decree 152/2020/ND-CP, agencies competent to recruit and manage Vietnamese workers working for foreign organizations and individuals include:

  • Organizations decentralized, authorized, assigned tasks, placed orders or participated in bidding by the Ministry of Foreign Affairs.
  • Organizations that are decentralized, authorized, assigned tasks, placed orders or participated in bidding by the Provincial People’s Committee.

Recruitment must be through competent agencies to ensure that foreign organizations and individuals comply with legal regulations and transparent and procedural recruitment processes.

Agency recruiting Vietnamese workers for foreign organizations and individuals
Agency recruiting Vietnamese workers for foreign organizations and individuals

Consulting services on recruiting Vietnamese workers for foreign organizations and individuals in Long Phan

Long Phan provides comprehensive consulting services for foreign organizations and individuals who want to recruit Vietnamese workers, ensuring the recruitment process takes place in accordance with legal regulations. Long Phan’s services include:

  • Consulting on legal regulations related to recruitment of Vietnamese workers.
  • Support in drafting resumes and recruitment proposals.
  • Consulting on the process and necessary documents to apply for, extend or re-issue work permits for foreigners, as well as work permit exemption cases.
  • Consulting on the rights and obligations of the parties according to the law.
  • Consulting on how to resolve disputes that arise during work between foreign organizations and individuals and Vietnamese workers.
  • Consulting on regulations on tax obligations and social insurance for employees, helping foreign organizations and individuals fulfill their financial responsibilities according to regulations.

Recruiting Vietnamese workers for foreign organizations and individuals not only brings benefits to businesses but also creates job opportunities and develops skills for workers. To make this process effective and compliant, organizations can use professional consulting services. At Long Phan, we are ready to assist customers in completing procedures accurately and transparently. For detailed advice, please contact the hotline 0906735386.