On 28 July 2014 the Government enacted Decree No. 75/2014/ND-CP regulating the implementation of a number of articles of the Labor Code (“Decree 75”). This Decree is enforced for the purpose of governing the recruitment, introduction, employment and management of Vietnamese employees who work for foreign organizations and individuals in Vietnam.
Foreign individuals are foreigners working at any of the below foreign organizations in Vietnam or permitted by the competent authority of Vietnam to reside in Vietnam.
- Foreign diplomatic and consular missions and representative offices of international organizations belonging to the United Nations and regional or sub-regional organizations;
- Representative offices of foreign news and press agencies and of foreign broadcasting and television organizations;
- International organizations, foreign governmental organizations and organizations belonging to foreign governments;
- Foreign non-governmental organizations issued with an operational registration certificate pursuant to Decree 12-2012-ND-CP regulating registration and management of activities of foreign nongovernmental organizations in Vietnam; and
- Representative offices operating for non-profit making purposes in Vietnam of economic, commercial, financial, banking, insurance, scientific-technical, cultural, educational, health, and legal consultancy sectors of foreign countries.
Foreign organizations and individuals seeking to employ Vietnamese people in Vietnam have to go through the authorized agencies to recruit and manage Vietnamese employees. Such agencies as provided in Decree 75 consist of:
- Agencies assigned or authorized by the Ministry of Foreign Affairs; and
- Employment Service Centers for which the establishment decision was made by the Minister of Labor or by the chairman of a provincial People's Committee.
The Employment Service Centers are entitled to recruit, introduce and manage Vietnamese employees only for the foreign organizations as listed in item (v) above and for the foreign individuals working for these foreign organizations or permitted to reside in Vietnam. Other foreign organizations and individuals stated in Decree 75 must use Agencies to recruit local workforce.
If, within 15 working days from the date of receipt of the written request to recruit Vietnamese labor from the foreign organizations and individuals, the authorized agencies fail to recruit, select and introduce Vietnamese employees as requested, such requesting foreigners may directly recruit Vietnamese workers.
The foreign organizations and individuals must, within 7 business days after signing labor contracts, provide written notice to the authorized agency enclosing a copy of the labour contracts signed with the Vietnamese workers.
Decree 75 takes effect on 15 September 2014. It replaces No. Decree 85/1998/ND-CP of the Government, dated 20 October 1998, on recruitment, employment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam; Decree 46/1999/ND-CP, dated 1 July 1999, and Decree 75/1998/ND-CP, dated 19 October 2001, both amending Decree 85.