FOREIGN WORKERS IN HANOI ARE MAINLY EXPERTS AND MANAGERS - OTIS LAWYERS

In 2023, the Hanoi Department of Labor, War Invalids and Social Affairs approved the use of foreign workers for nearly 11,200 organizations and enterprises. Most of them are high-quality workers, focusing on managerial positions, executive directors, experts, and technical labor.

The Hanoi Department of Labor, Invalids and Social Affairs has reported on the situation of foreign labor in the city in 2023. 

According to the report, in 2023, the Department approved the demand for the use of foreign labor for 11,195 organizations and enterprises, with 14,024 expected recruitment positions.

Among them, there are nearly 4,200 managerial positions, 190 executive director positions, over 8,000 expert positions, and 1,561 technical labor positions.

The number of contractor requests for using foreign labor is 88 units (including 13 managerial positions, 3 executive director positions, 85 expert positions, and 3 technical labor positions). The number of organizations and representative offices is 544 units, with 248 job positions.

Last year, the Department issued 8,747 new work permits for foreign labor, renewed 1,234 work permits, and extended 2,749 permits. Additionally, there were 510 cases confirmed not to require work permits.

Organizations and enterprises with high demand for foreign labor are mainly active in the fields of education, construction, mechanical manufacturing, electronics manufacturing, and services.

The Department has also issued inspection decisions and organized inspection teams for some enterprises regarding compliance with regulations on the use of foreign labor.

Through inspection, it has been shown that businesses have basically issued work permits to foreign workers, signed labor contracts, and participated in social insurance for cases working for 1 year or more according to regulations.

Overall, the team of experts and workers with high professional qualifications and skills working in Hanoi has partly met the demand for high-quality human resources in the area.

According to the Hanoi Department of Labor, Invalids and Social Affairs, starting from January 1, 2023, the Department stopped issuing permits under Resolution No. 105/NQ-CP on supporting enterprises, cooperatives, and individual businesses in the context of the Covid-19 pandemic.

Conditions for permits have been implemented in accordance with Decree No. 152/2020/ND-CP. On September 18, 2023, Government Decree No. 70/2023/ND-CP amending and supplementing some provisions of Decree No. 152/2020/ND-CP on foreign workers working in Vietnam and recruiting, managing Vietnamese workers working for organizations and individuals of foreign nationality in Vietnam took effect. The issuance of work permits for foreign labor is implemented in accordance with the law.

However, the management of foreign workers working in the area still faces some difficulties.

For example, regarding the procedure to confirm that a worker does not require a work permit, there are cases of changes in name, nationality, passport number, etc., similar to the procedure for issuing work permits. The Department recommends that the Ministry of Labor, Invalids and Social Affairs provide specific guidance on this issue for unified implementation.

Moreover, under Article 5, Article 1 of Decree No. 70/2023/ND-CP stipulates: "For foreign workers who are experts, technical workers who have been granted work permits, and have been extended once, and have the need to continue working in the same job position and title as stated in the work permit, the dossier requesting a new work permit includes documents specified in clauses 1, 2, 5, 6, 7, 8 of this Article, and a copy of the work permit already issued."

Therefore, according to the above regulation, it is only necessary to provide a copy of the work permit that has been issued, but it does not specify that the work permit must be valid.

If the enterprise submits a work permit that has expired, will it be accepted? And if the work permit has expired, is it necessary to provide a judicial record to check if the foreign worker has a criminal record...

In response to the difficulties faced by localities, the Ministry of Labor, Invalids and Social Affairs stated that it will continue to guide enterprises, organizations, and individuals using foreign labor to comply with the law on the management of foreign workers working in Vietnam. At the same time, efforts will be made to enhance the effectiveness of managing foreign workers.

By the end of 2023, the total number of foreign workers working in Vietnam was nearly 136,800 people.

Among them, there were over 10,000 workers not requiring work permits, nearly 126,000 workers requiring work permits (including 91,974 newly granted work permits, 15,875 workers whose permits were renewed, over 10,000 workers whose permits were reissued, and over 8,000 workers completing the work permit application process).

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