Revisions to a governmental decree governing regulations for foreign labor in Vietnam have resulted in a significant reduction in the time frame during which employers are obligated to submit reports concerning their employment needs.
Under the newly amended decree, employers (excluding contractors) are now required to submit a report to either the Ministry of Labor, Invalids, and Social Affairs or the Departments of Labor, Invalids, and Social Affairs of the respective localities involved at least 15 days before the commencement of a foreign worker's employment. This represents a significant change from the previous requirement, which allowed a 30-day window for submission.
This report serves to articulate the specific employment needs of the employer in occupations for which suitable Vietnamese candidates are currently unavailable.
Additionally, any alterations pertaining to the foreign employee's position, job title, work arrangement, or work location must also be reported to the aforementioned agencies no less than 15 days prior to the proposed changes taking effect.
In response to these submissions, the respective agencies are mandated to provide written approval or disapproval within a maximum of 10 working days.
Another significant amendment, scheduled to come into effect on January 1, 2024, involves the announcement of job vacancies for positions expected to be filled by foreign workers. Such job postings must be made through the online portal of the Ministry of Labor or the employment service centers of centrally-administered cities and provinces. This new requirement aims to streamline the recruitment process for Vietnamese workers in these positions.
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