Reporting the use of foreign workers – Procedure instructions

Reporting the use of foreign workers is an important legal requirement for businesses with foreign workers working in Vietnam. Implementing this report on time and according to regulations helps businesses comply with labor laws and avoid legal risks. The article below will provide detailed instructions on reporting procedures for using foreign workers, related regulations and supporting consulting services.

How is reporting on the use of foreign workers regulated?

According to Article 6 of Decree 152/2020/ND-CP, amended and supplemented by Decree 70/2023/ND-CP, regulations on reporting the use of foreign workers are as follows:

• Enterprises using foreign workers must periodically report on the situation of using foreign workers.
• Reports need to be submitted twice a year: reports for the first 6 months of the year (before July 5) and annual reports (before January 5 of the following year).
• The report must provide information on the number, type, and status of foreign workers working at the enterprise.

Report form for using foreign workers according to regulations

The foreign labor use report form is specified in Form No. 07/PLI in Appendix I of Decree 152/2020/ND-CP. Accordingly:

• The report must be accurately declared with information on foreign labor data, according to the period from December 15 of the previous year to June 14 of the reporting year (for reports of the first 6 months of the year) or from December 15 previous year to December 14 of the reporting year (for annual reports).
• It should be noted that the report must be signed, stamped and submitted on time.

In addition, the required contents in the Foreign Labor Utilization Report Form include:

• Information about the business/organization: Name, address, contact information, business license, field of operation.
• Information about the contractor (if any): Name, contractor address, contractor license, contact information in Vietnam.
• Data on foreign workers: Total number of workers, classified by nationality and job position.
• Work permit: New issue, reissue, extension, revocation of work permit.
• Summary table of data: Number of employees, average salary, classified by enterprise/organization.
• Assessment and recommendations: Assess the situation and make recommendations (if any).

>>> Reference: Report form for using foreign workers.

Procedure for submitting reports on foreign labor use to competent authorities

Step 1: Declare and complete Form No. 07/PLI on the situation of using foreign workers.

Step 2: Submit report to competent authority:

• If the enterprise issues work permits at the Ministry of Labor, War Invalids and Social Affairs, the report must be sent to the Department of Employment (Ministry of Labor, War Invalids and Social Affairs) and the Department of Labor, War Invalids and Social Affairs. Provincial and city associations where foreign workers work.
• In other cases, the report is submitted directly to the Department of Labor, War Invalids and Social Affairs where the foreign worker works.

Step 3: Confirm successful report submission from the competent authority.

Penalties for failure to submit reports on foreign labor use

Enterprises that do not submit reports on time or report with incomplete information will be subject to administrative penalties according to the provisions of Decree 22/2022/ND-CP. Specifically

• The fine for individual violators can range from 1 million VND to 3 million VND.
• The fine for violating organizations is from 2 million VND to 6 million VND.
• Failure to comply with foreign labor reporting regulations can lead to serious legal risks for businesses.

Consulting services for drafting and submitting reports on foreign labor use

At Long Phan Consulting Company, we provide consulting services and support in drafting foreign labor employment reports according to customer requirements. Our services include:

• Consulting on regulations on using foreign workers.
• Assist customers in drafting and preparing necessary documents.
• Representing customers to submit documents to competent agencies.
• Consulting in case businesses do not submit reports on time or report incorrect content.
• Consulting on reporting methods in cases of foreign workers working for businesses in many provinces and cities.
• Support businesses to protect their rights when there are disputes or handle violations related to reporting on the use of foreign workers.

>>> See more: How to submit an employer status report.

Frequently asked questions (FAQs) about reporting the use of foreign labor

In Vietnam, businesses that employ foreign workers are required to follow specific legal procedures, including submitting a foreign labor use report to the authorities. Below are frequently asked questions that will help clarify the process of reporting foreign labor use.

What is the foreign labor use report?

The foreign labor use report is a report that businesses employing foreign workers must submit to the authorities, detailing the number, information, and usage of foreign labor within the company.

Which businesses are required to report foreign labor use?

All businesses employing foreign workers must file this report, including companies with foreign workers in fields such as manufacturing, services, and other sectors.

When is the foreign labor use report due?

The foreign labor use report is typically required to be submitted annually, either at the end of the year or as per the request of the authorities. The specific deadline may vary based on regulations each year.

Is there a template for the foreign labor use report?

Yes, the template for the foreign labor use report is provided by the authorities and is available on the websites of labor management agencies, such as the Ministry of Labor, Invalids and Social Affairs or local Departments of Labor, Invalids and Social Affairs.

What happens if a company does not report foreign labor use?

If a business fails to report or submits incomplete reports, it may be subject to administrative fines according to the law. The penalty amount may vary depending on the severity of the violation.

Reporting the use of foreign workers is an indispensable obligation for businesses with foreign workers. Customers can contact Long Phan Consulting Company for detailed advice, support in drafting and submitting reports on time. To protect the interests of your business, please call the hotline 0906735386 today for direct consultation.