Report explaining and changing the need to use foreign workers

Article overview

Changing the need to use foreign workers is a common problem in businesses operating in Vietnam. When there is a change in the number, job position, or title held by foreign workers, businesses need to make an explanation report according to regulations. In the article below, Long Phan will provide detailed instructions to customers on procedures for reporting and explaining changes in the need to use foreign workers.

Report on the use of foreign workers
Report on the use of foreign workers

Conditions for recruiting and using foreign workers in Vietnam

Based on Article 152 of the Labor Code 2019, businesses are only allowed to recruit foreign workers when they meet the following conditions:

  • Only foreign workers can be recruited to fill management, executive, expert and technical positions that Vietnamese workers cannot meet according to production and business needs;
  • Must explain the need to use labor and obtain written approval from a competent state agency before recruiting foreign workers to work in Vietnam;
  • Must specifically declare the job positions, professional and technical qualifications, work experience, and working time requiring the use of foreign workers to carry out the bidding package and receive written approval from the agency competent state agencies before recruiting and using foreign workers to work in Vietnam.

Reporting process to explain and change the need to use foreign workers

Profile components

According to the provisions of Clause 2, Article 1 of Decree 70/2023/ND-CP, to report or change the need to use foreign workers, businesses need to prepare the following types of documents:

  • The report explains the need to use foreign workers according to Form No. 01/PLI;
  • The report explains changes in the need to use foreign workers according to Form No. 02/PLI.

Implementation process

According to the provisions of Clause 2, Article 1 of Decree 70/2023/ND-CP, the process of implementing a report explaining and changing the need to use foreign workers includes the following steps:

  • Step 1: The enterprise determines the need to use foreign workers for each job position that Vietnamese workers cannot meet and reports to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor – Invalids and Society;
  • Step 2: Enterprises announce recruitment of Vietnamese workers for positions expected to recruit foreign workers on the Electronic Information Portal of the Ministry of Labor, War Invalids and Social Affairs (Department of Employment) or of The People’s Committee of the province or centrally run city within at least 15 days from the expected date of reporting to the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work.
  • Step 3: After failing to recruit Vietnamese workers to positions recruiting foreign workers, the employer is responsible for determining the need to use foreign workers and reporting to explain to the employer. Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work at least 15 days in advance from the expected date of employing the foreign worker according to Form No. 01/PLI;
  • Step 4: During the implementation process, if the need to use foreign workers changes, the enterprise must report to the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work according to Form No. 02/PLI at least 15 days in advance from the expected date of employing foreign workers;
  • Step 5: Within 10 working days from the date of receiving the explanation report or report explaining changes in the need to use foreign workers, the Department of Labor, War Invalids and Social Affairs shall issue written approval or disapproval of the use of foreign workers.
Report on changes in demand for foreign workers
Report on changes in demand for foreign workers

Deadline for submitting reports on employment of foreign workers

According to the provisions of Article 6 of Decree 152/2020/ND-CP, the deadline for submitting reports on the use of foreign workers is prescribed as follows:

  • Before July 5 and January 5 of the following year, enterprises report the first 6 months of the year and annually on the situation of using foreign workers;
  • Before July 15 and January 15 of the following year or unexpectedly upon request, the Department of Labor, War Invalids and Social Affairs is responsible for reporting to the Ministry of Labor, War Invalids and Social Affairs on the situation of foreign workers in addition to working in the area;
  • In case a foreign worker works for an enterprise with workplaces in many provinces and centrally-run cities, within 3 working days from the date the foreign worker starts working, the enterprise must Report to the Ministry of Labor, War Invalids and Social Affairs and the Department of Labor, War Invalids and Social Affairs.
 Procedures for making reports explaining the use of foreign workers
Procedures for making reports explaining the use of foreign workers

Guidance service for making explanatory reports and changes in the need to use foreign workers at Long Phan

In order to bring convenience to customers when they need to make explanatory reports or changes in the need to use foreign workers, Long Phan is always willing to support customers in the process of making the above report as well as Necessary notes on order and procedures for effective implementation. Our services include:

  • Consulting on regulations related to making explanatory reports and changes in the need to use foreign workers;
  • Assist customers in preparing and drafting necessary documents;
  • Representing customers to carry out procedures for reporting and explaining changes in the need to use foreign workers at competent state agencies;
  • Answer questions throughout the implementation process, after implementing procedures for reporting and explaining changes in the need to use foreign workers;
  • Deliver and receive results at home, free of charge within the city. Ho Chi Minh.

Changing demand for using foreign workers requires businesses to comply with legal regulations to ensure business continuity. Together with a team of experienced experts, Long Phan will support customers in making explanatory reports and changing the need to use foreign workers effectively. Please contact the hotline immediately 0906735386 for more specific and detailed advice.