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blue-check Regarding regulations on use of foreign workers

Official letter No. 3180/SLDTBXH-VLATLD dated August 8th, 2022 of Department of Labor - Invalids and Social Affairs of Ha Noi city regarding enhancing the management, employment of foreign workers working in Ha Noi
Posted: 22/8/2022 10:14:59 AM | Latest updated: 6/9/2022 9:12:18 AM (GMT+7) | LuatVietnam: 5525 | Vietlaw: 576
VietlawOnline

According to recommendations of the Department of Labor - Invalids and Social Affairs of Ha Noi city, enterprises that employ foreign workers need to strictly implement these regulations to avoid penalties:

1. Submission of reports on use of foreign workers, including six months’ report submitted before July 5th and annual report submitted before January 5th of the following year, using Form No. 07/PL1 at Decree No. 152/ND-CP. Especially, the submission of the report for the first six months of 2022 may be delayed to the date prior to August 15th, 2022.

In case of failing to submit reports or submitting inaccurate or late reports on employment of foreign workers, a fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed (point a clause 1 Article 32 of Decree No. 12/2022/ND-CP ).

2. Submission of certified true copy of the employment contract signed with foreign worker to the competent authority that has issued the work permit.

In case of failing to submit the certified true copy of the signed employment contract to the competent authority that has issued the work permit, a fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed. Particularly, for the case of failing to employ a foreign worker in line with contents stated in the work permit, a fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on each violated employee (point b clause 1, clause 2 Article 32 of Decree No. 12/2022/ND-CP ).

3. Do not employ foreign workers when they have not been granted the work permit or written certification of eligibility for work permit exemption.

In which a fine imposed on the act of employing a foreign employee who does not have a work permit or certification of eligibility for work permit exemption or who uses an expired one to work in Vietnam is between from VND 30,000,000 and VND 75,000,000 (clause 4 Article 32 of Decree No. 12/2022/ND-CP).

4. When submission of the report on explanation for the demand for employment of foreign workers or change in the demand for employment of foreign workers, it is required to correctly determine job positions and working form for job titles requiring employment of foreign workers as the basis for determination of entities paying social insurance contribution according to Decree No. 143/2018/ND-CPstatus2 .

Now, a fine imposed on the act of evading paying compulsory social insurance and unemployment insurance premiums is between 50,000,000 and VND 75,000,000 (clause 7 Article 39 of Decree No. 12/2022/ND-CP ).

Ms Phuong Thao (VietlawOnline.com)
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Published Vietlaw's Newsletter No. 576

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