Guidelines for reporting on the utilization of foreign labor in 2023 in Ho Chi Minh city

Nowaday, the utilization of foreign labor has become prevalent, especially among enterprises with foreign investment. When employing foreign workers, enterprises are required to obtain a Labor Permit and periodically submit a report on the utilization of foreign labor. However, many enterprises are not fully aware of reporting requirements, leading to the risk of penalties. Within the scope of this article, the author will address issues related to the ‘Guidelines for Submitting the Report on the Utilization of Foreign Labor in 2023 in Ho Chi Minh City’

1. Regulations on Reporting on the Utilization of Foreign Labor 

According to the provisions of Article 6 of Decree No. 152/2020/ND-CP, amended and supplemented by Decree No. 70/2023/ND-CP, Foreign Labor Employers (hereinafter referred to as ‘FLE‘) are responsible for submitting the Report on the Utilization of Foreign Labor (‘Report‘) for the first six months and annually before July 5th and January 5th of the following year regarding the use of foreign labor. 

The reporting deadline is as follows:

  • For the report on the first six months: from December 15th of the preceding year to June 14th of the reporting period. 
  • For the annual report: from December 15th of the preceding year to December 14th of the reporting period. 

Note: If the FLE employs foreign workers in multiple provinces or centrally governed cities, within 3 working days from the commencement of work, the FLE must electronically report to the Ministry of Labor – Invalids and Social Affairs and the Department of Labor – Invalids and Social Affairs in the locality where the foreign workers are employed. 

2. Guidelines for Reporting on the Utilization of Foreign Labor in 2023 in Ho Chi Minh City 

Nowaday, the submission of the Report on the Utilization of Foreign Labor in 2023 is conducted using Form No. 07/PLI issued with Decree No. 70/2023/ND-CP dated September 18, 2023, by the Government.  

  • Reporting period: labor statistics for foreign workers aggregated from December 15, 2022, to December 14, 2023. 
  • Reporting period: From December 15, 2023, to January 5, 2024.
  • Contents to report: 
    • Total number of foreign workers at the reporting time (detailed report on the number of female foreign workers at the reporting time);  
    • Nationality of foreign workers; 
    • Quantity and salary of foreign workers working for less than 01 year; 
    • Status of Labor Permit issuance (new issuance, re-issuance, extension, revocation, etc.) or no-issuance of Labor Permit or confirmation of not falling under Labor Permit issuance at the reporting time. 
  • Submission method (applicable to organizations, and enterprises within Ho Chi Minh City): FLE submits the report by accessing the Google Form link: https://forms.gle/4UuiAsoH6PwmRPwe7 or scanning the QR code to access the link for reporting the situation by using foreign workers and sending it to the Department of Labor – Invalids and Social Affairs (through the Labor and Occupational Safety Department) including foreign labor statistics and a signed, stamped PDF report copy for ease of tracking and consolidation.

3. Risks of non-submission or late submission of the Report on the Utilization of Foreign Labor  

If the FLE fails to submit the report or submits an incorrect content report or fails to submit the report within the specified period on the utilization of foreign labor as regulated, it may be fined from VND 1,000,000 to VND 3,000,000 under Article 32 of Decree No. 12/2022/ND-CP. 

For organizations acting as FLE, the fine will be applied at twice the stipulated rate. 

 


Disclaimers:

This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.

For issues related to the content or intellectual property rights of the article, please email cs@apolatlegal.vn.

Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to. Employment. And contact our team of lawyers in Vietnam via email info@apolatlegal.com.

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