The Government has promulgated Decree 75/2014/ND-CP dated on July 28 on detailed implementation of some articles of the Labor Code regarding the recruitment and management of Vietnamese laborers working for foreign organizations/individuals in Viet Nam.
The Decree shall be applied to Vietnamese citizens who are full 18 years or older and have full civil and working capacity; foreign organizations which are allowed by Vietnamese competent agencies to operate in Viet Nam; foreign individuals who work for foreign organizations in Viet Nam or those permitted by Vietnamese competent agencies to reside in Viet Nam; and Vietnamese agencies, organizations responsible for recruitment and management of Vietnamese employees working for foreign organizations and individuals in Viet Nam.
Procedures for recruiting Vietnamese employees
Upon their labor demand, foreign organizations/individuals shall have to send a written request to Vietnamese competent agencies in charge of recruiting and managing Vietnamese employees.
The request must specify the requirements and number of candidates, technical and professional knowledge, foreign languages, recruitment schedule, rights and obligations of Vietnamese employees among others.
Within 15 days since the reception of the request, the Vietnamese agencies shall be responsible for selecting, introducing Vietnamese employees in accordance with the request.
If the Vietnamese competent agencies fail to introduce candidates at the request, foreign organizations and individuals shall be allowed to recruit Vietnamese employees directly.
Within seven working days after signing labor contracts, foreign organizations/individuals shall have to send written announcements attached with copies of the signed labor contracts to the Vietnamese competent agencies.
Vietnamese employees working for foreign organizations/individuals shall have to abide by Vietnamese labor legislation, strictly implement articles of the labor contracts.
Foreign organizations/individuals shall have to comply with the Labor Code and other relevant regulations; make reports on recruitment and use of Vietnamese employees every six months, annually or upon sudden request.
The Decree is scheduled to take effect on September 15 this year.