Nghị định 70/2023/NĐ-CP sửa đổi Nghị định 152/2020/NĐ-CP lao động nước ngoài

• Số hiệu: 70/2023/ND-CP
• Loại văn bản: Nghị định
• Nơi ban hành: Chính phủ
• Người ký: Trần Hồng Hà
• Ngày ban hành: 18/09/2023

THE GOVERNMENT --------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --------------------
No. 70/2023/ND-CP	Hanoi, September 18, 2023

DECREE

ON AMENDMENTS TO THE GOVERNMENT’S DECREE NO. 152/2020/ND-CP DATED DECEMBER 30, 2020 ON FOREIGN WORKERS WORKING IN VIETNAM, AND RECRUITMENT AND MANAGEMENT OF VIETNAMESE WORKERS WORKING FOR FOREIGN EMPLOYERS IN VIETNAM.

Pursuant to the Law on Organization of Government dated June 19, 2015; the Law on amendments to the Law on Organization of Government and the Law on Organization of Local Governments dated November 22, 2019;

Pursuant to the Labor Code dated November 20, 2019;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Enterprises dated June 17, 2020;

At the request of the Minister of Labor, War Invalids and Social Affairs;

The Government promulgates a Decree on amendments to the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020 on foreign workers working in Vietnam, and recruitment and management of Vietnamese workers working for foreign employers in Vietnam.

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1. Amendments to certain points and clauses of Article 3:

a) Amendments to point a clause 3 of Article 3:

“a) obtains at least a bachelor’s degree or equivalent and at least 3 years’ experience in corresponding with the job position that he/she will be appointed in Vietnam.”.

b) Amendments to clause 5 of Article 3:

“5. “executive” means any of the following person:

a) The head of a branch, representative office, or place of business of the enterprise; or

b) The head who directly administers at least one field of the agency, organization, or enterprise and reports directly to the head of the agency, organization, or enterprise.”.

c) Amendments to point a clause 6 of Article 3:

“a) has been trained for at least 1 year and obtains at least 3 years' experience in corresponding with the job position that he/she will be appointed in Vietnam.”.

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“Article 4. Employment of foreign workers

1. Determination of demand for foreign workers

a) At least 15 days before the date on which foreign workers are expected to be employed, the employer (except contractor) shall determine the demand for foreign workers for every job position for which Vietnamese workers are underqualified and send an explanation report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of province where the foreign workers are expected to work, using Form No. 01/PLI Appendix I hereto appended.

During the process, in case of any change to the demand for foreign workers in terms of job position/job title, working mode, quantity of workers, working locations, the employer shall send a report to the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs, using Form No. 02/PLI Appendix I hereto appended at least 15 days before the date on which the foreign worker are expected to be employed.

b) If the foreign workers fall under any case of clause 3, 4, 5, 6 and 8 of Article 154 of the Labor Code and clauses 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, and 14 Article 7 of this Decree, the employer is not required to determine the demand for foreign workers.

c) From January 1, 2024, the announcement of recruitment of Vietnamese workers to positions expected to recruit foreign workers shall be made on the website of the Ministry of Labor, War Invalids and Social Affairs (Employment Department) or the website of the Employment Service Center, which is established by the President of the People's Committee of province or centrally affiliated city (hereinafter referred to as province), within at least 15 days from the expected date of sending an explanation report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work. The recruitment announcement shall contain job position/job title, job description, quantity of workers, required qualifications and experience, salaries, working time and location. After an unsuccessful attempt to recruit Vietnamese workers for positions that are expected to be filled by foreign workers, the employer is responsible for determining the demand for employing foreign workers in accordance with point a, clause 1 of this Article.

2. The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall issue a document specifying acceptable and unacceptable job positions for foreign workers, using Form No. 03/PLI Appendix I hereto appended within 10 working days after receiving an explanation report on demand for foreign workers or report on change thereof.”.

3. Supplementation to clause 3 of Article 6:

"3. In case a foreign worker works for an employer in more than one province, within 3 working days from the date the foreign worker starts working, the employer must report electronically to the Ministry of Labor, War Invalids and Social Affairs and the Department of Labor, War Invalids and Social Affairs of province where the foreign worker comes to work according to Form No. 17/PLI Appendix I promulgated together with this Decree.".

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a) Amendments to clause 6 of Article 7:

"6. He/she is sent by a foreign competent authority or organization to Vietnam to teach or act as a manager or executive at an educational institution, which is established in Vietnam under a proposal of a foreign diplomatic mission or intergovernmental organization; or of a facility which is established under international treaties to which Vietnam is a signatory."

b) Amendments to clause 14 of Article 7:

“14. He/she is certified by the Ministry of Education and Training as a foreign worker entering Vietnam for the following purposes:

a) Teaching, research;

b) Acting as a manager, executive, principal, deputy principal of an educational institution, which is established in Vietnam under a proposal of a foreign diplomatic mission or intergovernmental organization.”.

5. Amendments to certain points and clauses of Article 9:

a) Amendments to clause 1 of Article 9:

“1. An application form for issuance of work permit No. 11/PLI Appendix I hereto appended, filed by the employer. In case a foreign worker works for one employer at more than one location, the application for work permit must fully list their working locations."

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“a) Proof as a manager, executive as prescribed in clauses 4, 5 Article 3 hereof including 3 documents as follows:

The company's charter or operation regulations of agency, organization, or enterprise;

Certificate of enterprise registration or certificate of establishment or establishment decision or other document of equivalent legal validity;

Resolution or appointment decision of the agency, organization, or enterprise.

b) Proof as an expert, technical worker as prescribed in clauses 3, 6 Article 3 hereof, including 2 documents as follows:

Diploma or certificate;

Certification of foreign agency, organization, or enterprise in respect of number of years’ experience of the expert or technical worker, a work permit, or a certification of exemption from work permit.”.

c) Amendments to clause 8 of Article 9:

“8. Documents relevant to foreign workers, except for the foreign workers specified in point a clause 1 Article 2 of this Decree.”.

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e) As for a foreign worker specified in point i clause 1 Article 2 hereof, he/she must obtain a document issued by the foreign enterprise, agency, or organization to send him/her to work in Vietnam that is conformable with the expected job position, or proof as a manager as prescribed in clause 4 Article 3 of this Decree.”.

dd) Supplementation of point c to clause 9 of Article 9:

"c) Foreign experts or technical workers who have been granted a work permit and have been extended once may apply for a new work permit with the same job position and job title by submitting the following documents: documents specified in clauses 1, 2, 5, 6, 7, and 8 of this article and a copy of the issued work permit.”.

6. Amendments to clause 2 of Article 11:

“2. Within 5 working days after receiving a duly completed application, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs of province where the foreign worker is expected to work shall issue a work permit to the foreign worker, using Form No. 12/PLI Appendix I hereto appended. If the application is rejected, a written explanation is required.

The work permit is A4 size (21 cm x 29.7 cm) and consists of 2 pages: page 1 is blue; page 2 has a white background, blue pattern, and a star in the middle. The work permit is coded as follows: the code of the province, and the code of the Ministry of Labor, War Invalids and Social Affairs according to Form No. 16/PLI Appendix I promulgated together with this Decree; last 2 digits of the year of issuance of the work permit; type of work permit (new issuance: 1; renewal: 2; re-issuance: 3); number order(from 000.001).

If the work permit is made in electronic form, it must comply with relevant laws and has information as specified in Form No. 12/PLI Appendix I promulgated together with this Decree.".

7. Amendments to clause 3 of Article 12:

“3. Changes to any of the following: full name, nationality, passport number, working location, enterprise ‘s name without changing the enterprise identification number stated in the unexpired work permit.”.

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Any document specified in clause 8 Article 9 hereof to support that the foreign worker will continues in employment with the employer as specified in the concerned work permit unless the foreign worker has the working purpose as prescribed in point a clause 1 Article 2 of this Decree.”.

9. Amendments to point b clause 1 of Article 22:

“a) Organizations that are empowered by the People’s Committee of province through delegation, authorization, assignment, commission or procurement.”.

10. Amendments to point b clause 4 of Article 27:

“b) The organizations that are empowered by the People’s Committee of province to recruit and manage Vietnamese workers working for foreign employers through delegation, authorization, assignment, commission or procurement shall send reports to the Department of Labor, War Invalids and Social Affairs.”.

11. Amendments to certain points and clauses of Article 30:

a) Amendments to point a clause 1 of Article 30:

a) Consider accepting demand for foreign workers; certifying exemption from work permits; issuing, re-issuing, renewing and revoking work permits from foreign workers who work for the employers in any of the following cases:

Working for employers specified in point g clause 2 of Article 2, and employers specified in points c, d, e clause 2 Article 2 of this Decree which are established under approvals of the Government, the Prime Minister, Ministry, ministerial-level agency, or Governmental agency;

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b) Amendments to point c clause 1 of Article 30:

“c) Perform the state management of recruitment and management of foreign workers working in Vietnam from the central to local level, management of Vietnamese workers working for foreign employers in Vietnam.”.

c) Amendments to clause 3 of Article 30:

“3. Responsibilities of the Ministry of National Defense:

a) Cooperate with competent authorities in enforcing foreign workers, Vietnamese workers working for foreign employers to comply with regulations of law on security, social safety and order in border and checkpoint areas, islands, strategic, key, defense-critical regions.

b) Direct the Border Guards to coordinate with functional forces in managing and inspecting Vietnamese laborers working for foreign employers in Vietnam and foreign workers working in border and checkpoint areas, islands, and maritime areas in order to firmly protect territorial sovereignty,  security, national borders of the Fatherland.".

d) Amendments to point a clause 4 of Article 30:

a) Send monthly reports on foreign workers working for agencies, organizations, enterprises who are issued with visas marked: DN1, DN2, LV1, LV2, LD1, LD2, DT1, DT2, DT3, DT4  to the Ministry of Labor, War Invalids and Social Affairs;”.

dd) Amendments to point a clause 6 of Article 30:

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The employers are specified in points a, b, h, i, k, l clause 2 Article 2 and agencies, organizations specified in points c, d, e clause 2 Article 2 of this Decree, which are established by the People’s Committee of province, specialized agency affiliated to the People’s Committee of province, or the People's Committee of district;

Working for an employer in multiple places in the same province.”.

12. Amendments to the following forms:

a) Amendments to Form No. 01/PLI; Form No. 02/PLI; Form No. 07/PLI; Form No. 08/PLI Appendix I promulgated together with Decree No. 152/2020/ND-CP into Form No. 01/PLI; Form No. 02/PLI; Form No. 07/PLI; Form No. 08/PLI Appendix promulgated together with this Decree;

b) Supplementation of Form No. 16/PLI and Form No. 17/PL1 to Appendix I promulgated together with Decree No. 152/2020/ND-CP.

13. Replace and supplement a number of words and phrases at the following points, clauses, articles, and appendices:

a) Replace the phrase “Chủ tịch Ủy ban nhân dân cấp tỉnh” (“President of the People's Committee of the province") in Clause 1, Article 5 with the phrase “Sở Lao động - Thương binh và Xã hội” ("Department of Labor, War Invalids and Social Affairs"); replace the phrase “Chủ tịch Ủy ban nhân dân cấp tỉnh chỉ đạo” ("The President of the People's Committee of the province shall direct") with the phrase “Sở Lao động - Thương binh và Xã hội đề nghị” (“the Department of Labor, War Invalids and Social Affairs shall propose" in Clause 2, Article 5;

b) Replace the phrase “khoản 4, 6 và 8 Điều 154” ("Clauses 4, 6 and 8 of Article 154") with the phrase khoản 4 và khoản 6 Điều 154” ("Clauses 4 and 6 of Article 154") and the phrase “3 ngày” ("3 days") with the phrase “3 ngày làm việc” ("3 working days") in Clause 2, Article 8;

c) Replace the phrase “dịch ra tiếng Việt và có chứng thực” ("translated into Vietnamese and certified") with the phrase “dịch ra tiếng Việt và công chứng hoặc chứng thực” ("translated into Vietnamese and notarized or certified") at Point e, Clause 3, Article 8;

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dd) Replace the phrase “Giấy tờ quy định tại khoản 3 và 4 Điều này” ("Documents specified in Clauses 3 and 4 of this Article") with the phrase “Giấy tờ quy định tại khoản 3 Điều này” ("Documents specified in Clause 3 of this Article") in Clause 5, Article 13;

e) Replace the phrase “dịch ra tiếng Việt” ("translated into Vietnamese") with the phrase “dịch ra tiếng Việt và công chứng hoặc chứng thực” ("translated into Vietnamese and notarized or certified") in clause 5 Article 13 and clause 8 Article 17;

g) Replace the phrase “Bản sao có chứng thực hộ chiếu” ("Certified copy of passport") with the phrase “Bản sao có chứng thực hộ chiếu hoặc bản sao hộ chiếu có xác nhận của người sử dụng lao động” ("Certified copy of passport or copy of passport certified by the employer") at Point d, Clause 3, Article 8; Clause 7 of Article 9 and Clause 5 of Article 17;

h) Replace the phrase “20. Mức lương:…..VNĐ” ("20. Salary:..... VND") with the phrase “20. Lương bình quân/tháng:…..triệu đồng” ("20. Average salary/month: .....million VND") in Form No. 11/PLI Appendix I promulgated together with Decree No. 152/2020/ND-CP;

i) Replace the phrase Ủy ban nhân dân tỉnh/thành phố………” ("People's Committee of the province/city.........") with the phrase “Sở Lao động - Thương binh và Xã hội…” ("Department of Labor, War Invalids and Social Affairs...") in Form No. 03/PLI Appendix I promulgated together with Decree No. 152/2020/ND-CP;

k) Replace the phrase “Cục trưởng/Chủ tịch UBND cấp tỉnh” ("Director of Department/President of People's Committee of province") with the phrase “Cục trưởng/Giám đốc”("Director of Department/Director"), replace the phrase “Theo đề nghị tại văn bản số” (“Upon the request of the document No.”) with the phrase “Theo đề nghị và các nội dung thông tin cung cấp tại văn bản số” ("Upon the request and contents of the document No.") in Form No. 03/PLI Appendix I promulgated together with Decree No. 152/2020/ND-CP;

l) Replace the phrase “Chủ tịch Ủy ban nhân dân tỉnh/thành phố………” ("President of People's Committee of the province/city.........") with the phrase “Sở Lao động - Thương binh và Xã hội…” ("Department of Labor, War Invalids and Social Affairs...") in Form No. 04/PLI, Form No. 05/PLI, Form No. 06/PLI Appendix I promulgated together with Decree No. 152/2020/ND-CP;

m) Replace the phrase “TM. UBND tỉnh, thành phố…/Chủ tịch” ("PP. People's Committee of the province, city .../President" with the phrase “Giám đốc” ("Director") in Form No. 06/PLI Appendix I promulgated together with Decree No. 152/2020/ND-CP.

n) Add the phrase “(Doanh nghiệp/tổ chức) xin cam đoan những thông tin nêu trên là đúng sự thật. Nếu sai, (doanh nghiệp/tổ chức) xin hoàn toàn chịu trách nhiệm trước pháp luật” ("(Enterprise/organization’s name) certifies that the above information is true. If any information is found to be false, we will assume full legal responsibility" after Item 24 of Form No. 09/PLI Appendix I issued together with Decree No. 152/2020/ND-CP.

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14. Annulment of the following points and clauses:

a) Annul clause 4 Article 13;

b) Annul points c, d, dd clause 5 and point g clause 6 Article 30;

c) Annul point a clause 6a Article 30 of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020 on foreign workers working in Vietnam, and recruitment and management of Vietnamese workers working for foreign employers in Vietnam, amended by Decree No. 35/2022/ND-CP dated May 28, 2022 of the Government on management of industrial parks and economic zones.

Article 2. Annulment of certain provisions of Decree No. 35/2022/ND-CP dated May 28, 2022 of the Government on management of industrial parks and economic zones

1. Annul the opening paragraph "Issuance, re-issuance, extension and revocation of work permits and certification of exemption from work permits for foreigners working in industrial parks or economic zones" and the phrase "receipt of reports on the employment of foreign workers" at Point dd, Clause 2, Article 68.

2. Annul the paragraph "receiving explanation reports of enterprises in industrial parks or economic zones on the demand for employing foreigners for each job position that Vietnamese candidates are underqualified" at Point c, Clause 3, Article 68.

Article 3. Implementation

1. This Decree comes into force as of September 18, 2023.

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Regarding explanation reports on the demand for employing foreign workers, applications for certification of exemption from work permit; applications for issuance, re-issuance, and extension of work permits submitted by foreign employers to the Ministry of Labor, War Invalids and Social Affairs, provincial-level People's Committees, Departments of Labor, War Invalids and Social Affairs, Management Boards of industrial parks, economic zones and hi-tech parks before the effective date of this Decree, they will apply provisions of Decree No. 152/2020/ND-CP and Decree No. 35/2022/ND-CP.

ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER




Tran Hong Ha

APPENDIX

(Enclosed with Decree No. 70/2023/ND-CP dated September 18, 2023 of the Government)

Form No. 01/PLI

Explanation of demand for employing foreign workers

Form No. 02/PLI

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Form No. 07/PLI

Report on employment of foreign workers

Form No. 08/PLI

Report on foreign workers

Form No. 16/PLI

Codes of provinces and code of the Ministry of Labor, War Invalids and Social Affairs

Form No. 17/PLI

Report on situation of foreign workers

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ENTERPRISE/ORGANIZATION’S NAME
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. ………
Re: Explanation of demand for employing foreign workers

[Location]…..[date]…………….

To: ……………..(1)……………..

Enterprise/organization information: name, enterprise identification number/establishment or registration license number, establishing agency/organization, type of enterprise/organization (foreign-invested enterprise/domestic enterprise/agency, organization/contractor), total number of employees, number of foreign employees, address, phone number, fax, email, website, duration of the business/operation license, business line/activity field seeking to employ foreign workers, applicant of the enterprise/organization to contact when necessary (phone number, email).

Explanation of demand for employing foreign workers:

1. Job position 1: (Select 1 of 4 job positions as follows: Manager/executive/expert/technical worker).

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(ii) Quantity (people):

(iii) Working duration (from….to…. [date])

(iv) Working mode (2):

(v) Working location (list specific locations (if any) and specify each location in order: number of house, street, village; commune/ward/town; urban district/suburban district/town/provincial city; province/centrally affiliated city):

(vi) Reasons for employment of foreign workers:

- Employment of foreign workers in job position 1 (if any) (3):

- Job description, job title:

- Required qualifications:

- Required experience:

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- Reasons for unsuccessful recruitment of Vietnamese workers for positions expected to be filled by foreign workers (4)

2. Job position 2: (if any) (similar to section above)

3. Job position 3: …(if any) (similar to section above)

(Enterprise/organization’s name) certifies that the above information is true. If any information is found to be false, we will assume full legal liability.

Request… (5) consider granting an approval.

Sincerely./.

ENTERPRISE/ORGANIZATION’S REPRESENTATIVE
(Signature, full name, and seal)

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- (1), (5) Ministry of Labor, War Invalids and Social Affairs (Department of Employment)/Department of Labor, War Invalids and Social Affairs of the province …

- (2) Specify the working mode as specified in clause 1 Article 2 of Decree No. 152/2020/ND-CP.

- (3) Specify the quantity of foreign workers, job position and job title, working permit, or certification of exemption from working permit, working duration.

- (4) Specify the announcements that have made to recruit Vietnamese workers for positions expected to be filled by foreign workers.  From January 1, 2024, the announcement of recruitment of Vietnamese workers to positions expected to recruit foreign workers shall be made on the website of the Ministry of Labor, War Invalids and Social Affairs (Employment Department) or the website of the Employment Service Center, which is established by the President of the People's Committee; specify the recruitment of Vietnamese workers for positions expected to be filled by foreign workers and results thereof.

Form No. 02/PLI

ENTERPRISE/ORGANIZATION’S NAME
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. ………
Re: Explanation of change of demand for employing foreign workers

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To: …………… (1) ……………….

Enterprise/organization information: name, enterprise identification number/establishment or registration license number, establishing agency/organization, type of enterprise/organization (foreign-invested enterprise/domestic enterprise/agency, organization/contractor), total number of employees, number of foreign employees,  address, phone number, fax, email, website, duration of the business/operation license, business line/activity field seeking to employ foreign workers, applicant of the enterprise/organization to contact when necessary (phone number, email).

Explanation of change of demand for employing foreign workers:

1. Job positions that are approved and used (2)

No.

Job position

Number of job positions approved

Number of job positions used

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Reason for unused (if any)

I. Pursuant to the document dated…. on approval for job positions expected to be filled with foreign workers (only list job positions that are approved and unexpired)

1

Manager

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3

Expert

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4

Technical worker

II. Pursuant to the document dated…. on approval for job positions expected to be filled with foreign workers (only list job positions that are approved and unexpired)

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Total

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2.1. Job position 1: (Select 1 of 4 job positions as follows: Manager/executives/experts/technical workers).

(i) Job title (self-declared by the organization/enterprise, for example: accountant, construction supervisor, etc.):

(ii) Quantity (people):

(iii) Working duration (from….to…. [date])

(iv) Working mode (3):

(v) Working location (list specific locations (if any) and specify each location in order: number of house, street, village; commune/ward/town; urban district/suburban district/town/provincial city; province/centrally affiliated city):

(vi) Reasons for employment of foreign workers:

- Employment of foreign workers in job position 1 (if any) (4):

- Job description, job title:

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- Required experience:

- Other requirements (if any):

- Reasons for unsuccessful recruitment of Vietnamese workers for positions expected to be filled by foreign workers (5)

2.2. Job position 2: (if any) (similar to section 1 above)

2.3. Job position …  (if any) (similar to section 1 above)

(Enterprise/organization’s name) certifies that the above information is true. If any information is found to be false, we will assume full legal liability.

Request… (6) consider granting an approval.

Sincerely./.

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Notes:

- (1), (6) Ministry of Labor, War Invalids and Social Affairs (Department of Employment)/Department of Labor, War Invalids and Social Affairs of the province …

- (2) Specify the job positions that are approved by Ministry of Labor, War Invalids and Social Affairs (Department of Employment)/Department of Labor, War Invalids and Social Affairs.

- (3) Specify the working mode as specified in clause 1 Article 2 of Decree No. 152/2020/ND-CP.

- (4) Specify the quantity of foreign workers, job position and job title, working permit, or certification of exemption from working permit, working duration.

- (5) Specify the announcements that have made to recruit Vietnamese workers for positions expected to be filled by foreign workers.  From January 1, 2024, the announcement of recruitment of Vietnamese workers to positions expected to recruit foreign workers shall be made on the website of the Ministry of Labor, War Invalids and Social Affairs (Employment Department) or the website of the Employment Service Center, which is established by the President of the People's Committee; specify the recruitment of Vietnamese workers for positions expected to be filled by foreign workers and results thereof.

Form No. 07/PLI

ENTERPRISE/ORGANIZATION’S NAME
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No.

 [Location]…..[date]…………….

REPORT ON EMPLOYMENT OF FOREIGN WORKERS
(From………to…………..)

To: …………… (1) ……………….

Enterprise/organization information: Name of enterprise/organization, type of enterprise/organization (foreign-invested enterprise/domestic enterprise/agency, organization/contractor), address, phone number, fax, email, website, business/operation license, business line/activity field, representative of the enterprise/organization to contact when necessary (phone number, email).

Contractor’s details (if any): name of the contractor, contractor's registered address in their country of nationality,

Report on recruitment, employment, and management of foreign workers (of the enterprise/organization):

1. Data on foreign workers of the enterprise/organization (enclosed data sheet).

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ENTERPRISE/ORGANIZATION’S REPRESENTATIVE
(Signature, full name, and seal)

Notes: (1) Ministry of Labor, War Invalids and Social Affairs (Department of Employment)/Department of Labor, War Invalids and Social Affairs of province... (In case an enterprise/organization must obtain a work permit from the Ministry of Labor, War Invalids and Social Affairs (Employment Department), it shall send a report to the Ministry and also send a report to the Department of Labor, War Invalids and Social Affairs of the province where their foreign workers work).

DATA SHEET OF FOREIGN WORKERS

Enclosed with Report No….dated….. of (enterprise/organization’s name)

Unit: people

No.

Total foreign workers at the reporting time

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Nationality

Foreign workers working under 1 year

Job position

Work permit

Un-issued/re-issued/renewed/certification of exemption from work permit

Revocation of work permit

Working for...

Quantity

Average salary (million dong/month)

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Executive

Expert

Technical worker

New issuance

Re-issuance

Renewal

Exemption

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(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

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(11)

(12)

(13)

(14)

(15)

(16)

(17)

I

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Europe

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II

Asia

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III

Africa

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Americas

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V

Oceania

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……

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Total

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ENTERPRISE/ORGANIZATION’S REPRESENTATIVE
(Signature, full name, and seal)

Notes:

(*) (2) = (7) + (8) + (9) + (10) = (11) + (12) + (13) + (14).

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(***) Column (6) total = ∑((5)*(6))/∑(5).

Form No. 08/PLI

THE PEOPLE’S COMMITTEE OF PROVINCE…
DEPARTMENT OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS …
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.

[Location]…..[date]…………….

REPORT ON FOREIGN WORKERS IN THE FIRST 6 MONTHS/….[YEAR]

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Pursuant to the Government’s Decree on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam, Department of Labour, War Invalids and Social Affairs of province …. hereby report the foreign workers in the first 6 months/….[year] as follows:

I. OVERALL SITUATION OF FOREIGN WORKERS

1. The approval status of the demand for employing foreign workers (clearly stating the number and positions of approved jobs at agencies, enterprises, organizations, and contractors).

2. The status of work permit issuance (enclosed forms, assessment of the results achieved, existing adequacies and difficulties, and causes thereof).

II. SOLUTIONS AND RECOMMENDATIONS

1. Solutions for management of foreign workers.

2. Recommendations.

DIRECTOR …
(Signature, full name, seal)

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REPORT ON FOREIGN WORKERS IN THE FIRST 6 MONTHS/….[YEAR]

(Enclosed with Report No….dated….. of (enterprise/organization’s name))

Unit: people

No.

Total foreign workers at the reporting time

Female

Nationality

Foreign workers working under 1 year

Job position

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Un-issued/re-issued/renewed/certification of exemption from work permit

Revocation of work permit

Enterprise, agency, organization, contractor

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Quantity

Average salary (million dong/month)

Manager

Executive

Expert

Technical worker

New issuance

Re-issuance

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Exemption

Enterprise

Agency, organization

Contractor

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Foreign-invested enterprise

Domestic enterprise

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(1)

(2)

(3)

(4)

(5)

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(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

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(17)

(18)

(19)

(20)

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I

Europe

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II

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Asia

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III

Africa

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IV

Americas

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V

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Total

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DIRECTOR …
(Signature, full name, seal)

Notes:

(*) (2) = (7) + (8) + (9) + (10) = (11) + (12) + (13) + (14)= (17)+(18)+(19)+(20).

(***) Column (6) total = ∑((5)*(6))/∑(5).

Form No. 16/PLI

CODES OF PROVINCES AND CODE OF THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

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Name of administration division

Code

No.

Name of administration division

Code

1

Hanoi

001

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Quang Ngai

051

2

Ha Giang

002

35

Binh Dinh

052

3

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004

36

Phu Yen

054

4

Bac Kan

006

37

Khanh Hoa

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5

Tuyen Quang

008

38

Ninh Thuan

058

6

Lao Cai

010

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Binh Thuan

060

7

Dien Bien

011

40

Kon Tum

062

8

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012

41

Gia Lai

064

9

Son La

014

42

Dak Lak

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10

Yen Bai

015

43

Dak Nong

067

11

Hoa Binh

017

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Lam Dong

068

12

Thai Nguyen

019

45

Binh Phuoc

070

13

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020

46

Tay Ninh

072

14

Quang Ninh

022

47

Binh Duong

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15

Bac Giang

024

48

Dong Nai

075

16

Phu Tho

025

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Ba Ria - Vung Tau

077

17

Vinh Phuc

026

50

Ho Chi Minh

079

18

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027

51

Long An

080

19

Hai Duong

030

52

Tien Giang

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20

Hai Phong

031

53

Ben Tre

083

21

Hung Yen

033

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Tra Vinh

084

22

Thai Binh

034

55

Vinh Long

086

23

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035

56

Dong Thap

087

24

Nam Dinh

036

57

An Giang

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25

Ninh Binh

037

58

Kien Giang

091

26

Thanh Hoa

038

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Can Tho

092

27

Nghe An

040

60

Hau Giang

093

28

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042

61

Soc Trang

094

29

Quang Binh

044

62

Bac Lieu

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30

Quang Tri

045

63

Ca Mau

096

31

Thua Thien Hue

046

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Ministry of Labour, War Invalids and Social Affairs

099

32

Da Nang

048

33

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049

Form No. 17/PLI

ENTERPRISE/ORGANIZATION’S NAME
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.

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REPORT ON SITUATION OF FOREIGN WORKERS

To: …………… (1) ……………….

Enterprise/organization information: Name of enterprise/organization, type of enterprise/organization (foreign-invested enterprise/domestic enterprise/agency, organization/contractor), address, phone number, fax, email, website, business/operation license, business line/activity field, representative of the enterprise/organization to contact when necessary (phone number, email).

Report on situation of foreign workers in provinces of enterprise/organization (enclosed data sheet).

Sincerely./.

ENTERPRISE/ORGANIZATION’S REPRESENTATIVE
(Signature, full name, and seal)

Notes: (1) Ministry of Labor, War Invalids and Social Affairs (Department of Employment)/Department of Labor, War Invalids and Social Affairs of the province …

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REPORT ON SITUATION OF FOREIGN WORKERS

Enclosed with Report No….dated….. of (enterprise/organization’s name)

Unit: people

No.

Full name

Nationality

Passport number

Working location

Starting date

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The code of issued work permit

Notes

1

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2

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ENTERPRISE/ORGANIZATION’S REPRESENTATIVE
(Signature, full name, and seal)