In December of 2020, the laws pertaining to employing foreign workers changed. Firms employing foreign workers are now required to lodge reports every six months. Here’s what you need to do to satisfy this requirement.
Beginning in 2020, foreign firms need to submit reports on the foreign workers on their staff to their provincial Departments of Labor, War Invalids and Social Affairs (DOLISA) every six months. These reports are then submitted by the DoLISA in each province to the Ministry of Labor, War Invalids and Social Affairs (MoLISA).
This article addresses the employer parts of this process only.
The law pertaining to reporting on the use of foreign workers
The directions for reporting on foreign workers in Vietnam are contained in Chapter II, Article 6 of Decree No. 152/2020/ND-CP, which came into force on February 2, 2022. This decree covers a broad range of additions to the Labor Code, Law on Investment, and the Law on Enterprises. It was issued at the request of the Minister of Labor, War Invalids and Social Affairs.
Who should complete a foreign worker report
Any employer, either foreign or domestic, that hires foreign workers with work permits need to complete a foreign worker report.
Note that there are a number of circumstances under which a foreign employee may not be required to obtain a work permit. For more information see: Vietnam’s Visas and Work Permit Procedures.
For the purposes of a foreign worker report, ‘foreign worker’ includes, but is not limited to, foreign nationals in Vietnam that:
- have employment contracts;
- are part of an intra-company transfer program;
- provide services under contract;
- work for foreign NGOs or international organizations;
- work as volunteers; and/or
- work as managers, executives, experts, or technical workers.
When to complete a report on your foreign workers
Foreign worker reports need to be completed twice a year.
Half yearly report: The first report needs to be submitted by July 5 and should cover the six months from December 15 to June 14.
Annual report: The second report should be submitted by January 5 and should cover the six months from June 15 to December 14.
The next foreign worker report should be submitted no later than January 5, 2023.
What to include in a foreign worker report
Employers of foreign workers in Vietnam, should complete: Form No. 0 7/PLI: Report on the use of foreign workers (Vietnamese).
In this report, employers need to include details of the foreign workers on staff including:
- The nationality of each foreign worker.
- The total number of foreign workers.
- The number of foreign workers who have joined the company in the preceding six months and their average salary.
- The total number of foreign workers within the organization, regardless of when they joined the company, and their position.
- Whether their work permit is new, has been renewed or reissued, or if their work permit was declined or revoked.
Submitting a foreign worker report
Foreign worker reports should be submitted to the DoLISA in the province in which a company is registered. Different provinces will have different processes for submitting documentation.
Businesses and organizations in Ho Chi Minh City, in 2022, can submit their foreign worker reports online via this Google form: https://forms.gle/kNqRgsH42Vu4evwj8. This is outlined in official letter No. 34158/SLDTBXH-VL-ATLD.
Failure to submit foreign worker reports
It is important for firms, both foreign and domestic, to ensure that forms are completed accurately and on time. Administrative fines may apply to organizations that fail to meet these requirements.
