• Summary of a number of reports that enterprises need to submit to agencies other than tax authorities and investment management agencies

1. Before the 15th of January every year, enterprises are responsible for sending a Report on the status of unemployment insurance participation in the previous year (Form No. 33 issued with Circular 28/2015/TT-BLDTBXH) to the Department of Labor – War invalids and Social Affairs where the business is headquartered. (Legal basis: Clause 7, Article 32, Decree 28/2015/ND-CP; clause 33, Article 19, Circular 28/2015/TT-BLDTBXH.

2. If there is a change (increase/decrease) in the number of employees working in the month; Before the 3rd of the preceding month, the enterprise is responsible for sending a Notice of changes in working employees at the unit (Form No. 29 issued with Circular 28/2015/TT-BLDTBXH) to the Employment Service Center where the enterprise is headquartered. In case an enterprise decreases to at least 50 or more employees, it must immediately promptly notify the Employment Service Center where it is headquartered for timely consultancy and support. (Legal basis: Clause 6, Article 32, Decree 28/2015/ND-CP, guided by clause 3, Article 16, Circular 28/2015/TT-BLDTBXH).

3. Every 6 months and annually (before June 5 and before December 5), enterprises shall report changes of employees to the Department of Labor, War Invalids and Social Affairs through the National Public Service Portal according to Form No. 01/PLI Appendix I issued with Decree 145/2020/ND-CP and notify the district-level social insurance agency where its headquarters, branches, and representative offices are located. In case the employer cannot report changes of employees through the National Public Service Portal, the employer shall send a paper report to the Department of Labor, War Invalids and Social Affairs and notify the district social insurance agency where its headquarters, branches, and representative offices are located. For employees working in industrial parks and economic zones, employers must report changes of employees to the Department of Labor, War Invalids and Social Affairs, the district-level social insurance agency where its headquarters, branches, and representative offices are located, and the Management Board of industrial parks and economic zones for monitoring. (Legal basis: Clause 1, Article 6 and clause 1, Article 8, Decree 12/2022/ND-CP).

4. Before July 5 and January 5 of the following year, employers of foreign workers shall report the first 6 months of the year and an annual report on employment of foreign workers according to Form No. 07/PLI, Appendix I issued with Decree 152/2020/ND-CP. The reporting period of the first 6 months is from December 15 of the previous reporting year to June 14 of the reporting year; the reporting period of the annual report is from December 15 of the previous reporting year to December 14 of the reporting year. (Legal basis: Article 6 of Decree 152/2020/ND-CP).

5. Employers must organize the collection and storage of information about occupational accidents occurring at their establishments; keep statistical records of occupational accidents (Form under Appendix I attached to Circular 13/2020/TT-BLDTBXH; fully and promptly update the database on occupational accidents of Ministry of Labor – War Invalids and Social Affairs from the date on which the database starts to operate; identify primary traumatizing factors according to the list under Annex IV issued with Circular 13/2020/TT-BLDTBXH. From these statistics, The employer shall send accidents to the Department of Labor – Invalids and Social Affairs, where the employer’s head office is situated; the report must be sent annually before the 5th of July for the first 06 months. Note: Enterprises are responsible for evaluating and disclosing the situation of occupational accidents occurring at their establishments for employees to know and must be announced before July 10 for the first 6 months of data. (Legal basis: Clause 1, Article 24, Decree 39/2016/ND-CP, Point a, Clause 1, Article 4, Circular 13/2020/TT-BLDTBXH).

6. Every 6 months and annually, enterprises must report on employees' health management under their management responsibility through the Occupational Health Report (Appendix 8 issued with Circular 19/2016/TT-BYT) to the competent state health management agency. The report shall be sent before July 5 for data for the first 6 months of the year and before January 10 of the following year for data for the whole year. Place of submission: Medical center of the district, town, or city of the province where the head office of the labor establishment is located. (Legal basis: Article 27 of the Law on Occupational Safety and Health 2015).

7. Periodically, at the end of November every year, organizations and facilities  that have fire prevention, firefighting, and rescue equipment shall produce statistics and submit reports to the local police agency on the management, preservation, and maintenance of fire prevention and fighting equipment according to the following contents:

(1) Current status of vehicle management, preservation, and maintenance includes:

- Quantity, quality, and type of fire prevention and fighting equipment equipped.

- Preservation and maintenance methods.

(2) Result of implementation of inspecting authorities’ recommendations of the Fire Prevention and Fighting Police agency (if any).

(3) Proposed solutions to improve the efficiency of management, preservation, and maintenance of fire prevention, firefighting, and rescue equipment.Note: If the fire prevention and fighting equipment is damaged, the agency, organization, or facility must promptly report to the competent authority.

(Legal basis: Clause 1, Article 10, Circular 17/2021/TT-BCA).

8. Every year, enterprises shall submit an Occupational Health and Safety Report (Form Appendix II issued with Circular 07/2016/TT-BLDTBXH) to the Department of Labor, War Invalids and Social Affairs, and the Department of Health where the enterprise is headquartered; This report shall be submitted before January 10 of the following year. (Legal basis: Article 10 of Circular 07/2016/TT-BLDTBXH).

• What are the requirements for foreign workers working in Vietnam?

Requirements for foreigners to work in Vietnam:

- Pursuant to clause 1, Article 151 of the Labor Code 2019 stipulates as follows:

Foreign workers working in Vietnam are people with foreign nationality and must meet the following conditions:

+ is at least 18 years of age and has full legal capacity;

+ has qualifications, occupational skills, practical experience, and adequate health as prescribed by the Minister of Health;

+ is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;

+ has a work permit granted by a competent authority of Vietnam, except in the cases stipulated in Article 154 of this Labor Code.

- Pursuant to Clause 2, Article 151 of the Labor Code 2019 stipulates as follows:

The duration of a foreign employee’s employment contract must not exceed that of the work permit. When a foreign employee in Vietnam is recruited, both parties may negotiate the conclusion of multiple fixed-term labor contracts.

• Responsibility to report the use of labor of the enterprise when newly established?

Pursuant to Clause 2, Article 12 of the Labor Code 2019, declare the employment status within 30 days from the date of commencement of operation and report periodically on changes of employees during operation to the Department of Labor, War Invalids and Social Affairs of Da Nang city and to the social security authority

• What are the procedures for reporting and explaining the need and change in demand for using foreign workers?

Pursuant to Clause 2, Article 152 of the Labor Code 2019, amended by Clause 2, Article 1 of Decree 70/2023/ND-CP, before recruiting foreign workers, enterprises shall carry out procedures to explain their demand for foreign worker use at least 15 days in advance from the expected date of employing foreign workers. Enterprises can proceed with recruitment if the competent authority issues an approval decision. Regarding reporting procedures to determine the demand for foreign worker use, according to the provisions of Article 4 of Decree152/2020/ND-CP on reporting procedures to determine the demand for foreign worker use as follows :

Step 1: Access the  Da Nang City Administrative Procedures Information System, select the administrative procedure you need, then log into your account and complete the application according to the instructions (in case not having an account, please register your account to log in).

Step 2: After having a login account, the Employee can complete the online procedure to determine demands and submit a report at least 15 days in advance from the expected date of employing foreign workers on the Da Nang City Administrative Procedures Information Systeml. During the implementation process, if the demands for foreign worker use change, the employer shall report to the competent state agency at least 15 days in advance from the expected date of using foreign workers.

Step 3: The competent authority issues a document approving or disapproving the use of foreign workers for each job position. The maximum time limit is 10 working days from the date of receiving the report determining demands for foreign worker use.

Note: The above procedure does not apply to contractors' use of foreign workers.

Regarding the competent authority approving the need to use foreign workers, Enterprises refer to Clauses 1, 6, 6a, Article 30 of Decree 152/2020/ND-CP to determine which agency their cases fall under (the Ministry of Labor, War Invalids and Social Affairs, the Department of Labor, War Invalids and Social Affairs of Da Nang City, or the Da Nang Hi-Tech Park and Industrial Zones Authority Authority).

Please visit the website of Da Nang City Administrative Procedures Information System for more details.

• What are the cases of not implementing procedures to determine the demands for foreign worker use?

Cases where procedures for determining the demands for foreign worker use are not required are as follows:

Pursuant to Clauses 3,4,5,6 and 8, Article 154 of the Labor Code 2019:

3. Is the manager of a representative office, project or the person in charge of the operation of an international organizations or a foreign non-governmental organization in Vietnam.

4. Enters Vietnam for a period of less than 03 months to do marketing of a service.

5. Enters Vietnam for a period of less than 03 months to a resolve complicated technical or technological issue which (i) affects or threatens to affect business operation and (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.

6. Is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.

7. In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.

8. Gets married to a Vietnamese citizen and wishes to reside in Vietnam.

Pursuant to Clauses 1,2,4,5,7,8,9,10,11,12,13 and 14, Article 7 of Decree 152/2020/ND-CP:

1. He/she is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong.

2. He/she is the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong.

4. He/she enters Vietnam to provide professional and engineering consulting services or perform other tasks intended for research, formulation, appraisal, supervision, evaluation, management and execution of programs and projects using official development assistance (ODA) in accordance with regulations or agreement in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries.

5. He/she is granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law.

6. He/she is sent by a foreign competent authority or organization to Vietnam to teach and research at an international school under the management of a foreign diplomatic mission or the United Nations or of a facility established under an agreement to which Vietnam is a signatory.

7. He/she is a volunteer as specified in clause 2 Article 3 of this Decree.

8. He/she enters Vietnam to hold the position of a manager, executive, expert or technical worker for a period of work of less than 30 days and up to 3 times a year.

9. He/she enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law

10. He/she is a student studying at a foreign school or training institution which has a probation agreement with an agency, organization or enterprise in Vietnam; or a probationer or apprentice on a Vietnam sea-going ship.

11. He/she is a relative of a member of foreign representative body in Vietnam as specified in point l clause 1 Article 2 hereof.

12. He/she obtains an official passport to work for a regulatory agency, political organization, or socio-political organization.

13. He/she takes charge of establishing a commercial presence.

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

a) Teaching and research purpose.

b) Working as a manager, executive director, principal, or vice principal of an educational institution proposed by a foreign diplomatic mission or intergovernmental organization to be established in Vietnam.

• Which cases are not subject to the issuance of a Work permit?

- Cases where foreign workers are exempt from work permits according to Article 154 of the Labor Code 2019 include:

1. Is the owner or capital contributor of a limited liability company with a capital contribution value conformable with regulations of the Government.

2. Is the Chairperson or a member of the Board of Directors of a joint-stock company a capital contribution value conformable with regulations of the Government.

3. Is the manager of a representative office, project or the person in charge of the operation of an international organizations or a foreign non-governmental organization in Vietnam.

4. Enters Vietnam for a period of less than 03 months to do marketing of a service.

5. Enters Vietnam for a period of less than 03 months to a resolve complicated technical or technological issue which (i) affects or threatens to affect business operation and (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.

6. Is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.

7. In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.

8. Gets married to a Vietnamese citizen and wishes to reside in Vietnam.

9. Other circumstances specified by the Government.

• What are the procedures to confirm that foreign workers are not eligible for a Work permit (provincial level)?

Required documents in an application for exemption from work permit:

Pursuant to Clause 3, Article 8 of Decree 152/2020/ND-CP:

+ Number of dossiers: 01 (one) set.

+ How to submit the application: The employer submits the application directly or via postal service or submits the application via online public service (if any) to the Department of Labor, War Invalids and Social Affairs.

Please visit the website of Da Nang City Administrative Procedures Information System for more details.

• How to apply for a Work Permit?

Pursuant to Article 9 of Decree 152/2020/ND-CP.

* Application for issuance of work permit in special cases (Clause 9, Article 9 of Decree 152/2020/ND-CP):

- If a foreign worker who has been issued with a work permit that remains valid wishes to work for another employer at the same job position and job title in the work permit, an application for a new work permit shall include:

+ A document issued by the former employer certifying that he/she has been working there;

+ Documents mentioned in clauses 1, 5, 6, 7, and 8 of Decree 152/2020/ND-CP;

+ A certified true copy of the current work permit;

- If a foreign worker who has been issued with a work permit that remains valid wishes to work for the same employer but at another job position or job title or working form in the work permit, an application for a new work permit shall include:

+ The documents 1, 4, 5, 6, 7 and 8 Article 9 Decree 152/2020/ND-CP;

+ The current work permit or a certified true copy of the current work permit.

* Consular legalization and authentication of documents (Clause 10, Article 9 of Decree 152/2020/ND-CP)

Any document mentioned in clauses 2, 3, 4, 6, and 8 Article 9 of Decree 152/2020/ND-CP is 01 original or certified true copy; for documents of foreign countries, unless they are exempt from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the concerned foreign country are signatories or under the principle of reciprocity or as per the law, they must be consular legalized, translated into Vietnamese and certified.

Please visit the website of Da Nang City Administrative Procedures Information System for more details.

• What is the procedure for issuance of a Work Permit?

Pursuant to Article 11 of Decree 152/2020/ND-CP stipulating the Procedure for granting a Work Permit as follows:

Step 1: Access the Da Nang City Administrative Procedures Information System, select the administrative procedure you need, log in to your account, and complete the application according to the instructions (in case not having an account, please register your account to log in).

Step 2: At least 15 working days before the day on which a foreign worker starts to work, the applicant shall submit an application for a work permit to the Department of Labor, War Invalids, and Social Affairs of the province where he/she is expected to work.

Step 3: Within 05 working days from the date of receiving a complete application for a work permit, the Department of Labor, War Invalids and Social Affairs shall issue a work permit to foreign workers according to the form issued by the Ministry of Labor - War Invalids and Social Affairs prints and distributes uniformly (content of work permit according to Form No. 12/PLI Appendix I issued with Decree 152/2020/ND-CP). In case a work permit is not issued, there must be a written response clearly stating the reason.

Please visit the website of Da Nang City Administrative Procedures Information System for more details.

• What are the procedures for re-issuing a Work Permit?

- Pursuant to Article 13 of Decree No. 152/2020/ND-CP, the application file for re-issuance of a work permit includes:

+ An application form for re-issuance of a work permit made by employer No. 11/PLI Appendix I enclosed with Decree No. 152/2020/ND-CP.

+ 02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses) taken within 6 months before the submission date of application.

+ The unexpired work permit:

- If the work permit is lost as specified in clause 1 Article 12 hereof, a certification issued by the police authority of the commune where the foreign worker resides or by a foreign competent authority as per the law is required;

- In case of changes of information in the work permit, supporting documents are required.

- Regarding the procedure order, please refer to the Da Nang City Administrative Procedures Information System website for more details.

• What are the procedures for renewing a work permit?

Applications shall comply with Article 17 of Decree No. 152/2020/ND-CP.

Regarding the procedure for renewing work permits, please refer to the Da Nang City Administrative Procedures Information System website for more details.

• What is the reporting regime on the employment of foreign workers?

Pursuant to Article 6 of Decree 152/2020/ND-CP, prior to July 5 and January 5 of the following year, the employer of foreign workers shall send a first-half-year report and an annual report on employment of foreign workers, using Form No. 07/PLI Appendix I hereto appended. The reporting period of the first 6 months is from December 15 of the previous reporting year to June 14 of the reporting year, and the reporting period of the annual report is from December 15 of the previous reporting year to December 14 of the reporting year.

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 the province where the foreign worker comes to work according to Form No. 17/PLI Appendix I promulgated together with Decree 152/2020/ND-CP.