Procedure for certification of use of foreign labour
01. Conditions for application
- The employer shall submit a written explanation about demand for utilization of foreign workers to the Ministry of Labor, War Invalids and Social Affairs or President o the People’s Committee of provinces at least 30 days ahead of the expected date of recruitment.
- In case of changes in demands for utilization of foreign workers, the employer shall submit a written explanation to the approving authority at least 30 days ahead of the expected date of recruitment.
02. Applicable laws
1. Labour Code 2012
2. Decree No. 11/2016/ND-CP implementing regulations of Labour Code on foreign workers in VIetnam Labour Code
3. Decree No. 140/2018/ND-CP amending some articles of Decree No. 11/2016/ND-CP
4. Circular No. 40/2016/TT-BLĐTBXH guiding Decree No. 11/2016/NĐ-CP
5. Circular No. 18/2018/TT-BLĐTBXH amending some articles of Circular No. 40/2016/TT-BLĐTBXH
03. Procedure
Step 1: Prepare the following document
Report on explanation of demand or change of demand for the use of foreign workers
Step 2: Submit the file
The employer shall submit a written explanation about demand for utilization of foreign workers to the Ministry of Labor, War Invalids and Social Affairs or President of the People’s Committee of provinces at least 30 days ahead of the expected date of recruitment.
Step 3: Get results
Ministry of Labor, War Invalids and Social Affairs or President of the People’s Committee of provinces shall inform the employer of whether or not utilization of foreign workers is approved in writingwithin 15 days from the date of receipt of the explanation or explanation about changes in demand for utilization of foreign workers.