Through the receiving and responding system to businesses’ recommendations, the Groz-Beckert Vietnam Co., Ltdwould like to askthe competent authorities to answer some issues related to the use of foreign workers according to the provisions of Vietnamese law.

The Groz-Beckert Vietnam Co., Ltd. is a foreign-invested enterprise, founded by the only investor Yantex Holding GmbH (Federal Republic of Germany), 100% owned by Yantex Holding GmbH of Groz Group. -Beckert KG, based in the Federal Republic of Germany.

The Groz-Beckert KG, according to the agreement with employees, appoints employees who are experts working for the Groz-Beckert KG and its member companies100% owned according to the  Group's policy and considered as an internal transfer.

The Groz-Beckert Vietnam Co., Ltd would like to askis the company allowed to apply internal corporate mobility policies in accordance with the law of Vietnam?

Regarding the determination of the need to use foreign workers: the Groz-Beckert Vietnam Co., Ltd. was granted an investment registration certificate with a project duration of 70 years (to April 18, 2078). Due to the characteristics of precision engineering with high technical requirements, the Company intends to use foreign experts for a number of job positions in the long term.

However, at present, the local Department of Labor, War Invalids and Social Affairs only accepts a 2-year working period when confirming the job position to employ foreign workers for the Company, leading to the Company having to explain the needs to use foreign workers at least every 2 years, while the Company has a long-term use plan from the beginning.

The company would like to ask, is Vietnamese law limited in working time when determining the demand for foreign workers? Can the Company's case be verified for more than 2 years (to reduce administrative procedures)?

Regarding the forms used in determining the needs of using foreign workers: According to the provisions of Circular 40/2016 / TT-BLDTBXH, the company understands that:

Form No. 01 - Explanation of demand for foreign workers to be used when registering for the first time and registering for renewal for the next time when the first written approval expires.

Form No. 02 - Explanation for change in demand for foreign workers used during the written approval process is still valid, however the foreign employer needs to change the quantity (as incremental), location, duration (such as lengthening) ...

Does the company understand and apply the above forms in accordance with the regulations?

Regarding this issue, the Department of Employment, the Ministry of Labor, War Invalids and Social Affairs has the following opinions:

Under the provisions of Clause 1, Article 3 of the Government's Decree 11/2016 / ND-CP dated February 3, 2016 detailing the implementation of a number of articles of the Labor Code regarding foreign workers in  Vietnam, Intra-corporate transferees of foreign workers who are managers, executive directors, experts and technical workers of a foreign enterprise having established a commercial presence in the territory of Vietnam, moving temporarily, within the enterprise, a commercial presence in the territory of Vietnam has been recruited by a foreign enterprise for at least 12 months.As such, the above-mentioned foreign worker must be recruited at least 12 months ago, are working in a foreign enterprise but be sent to work in the commercial presence of that foreign enterprise in the territory of Vietnam is an internal corporate migration.

Determine demand for foreign workers

Under the provisions of Point a, Clause 1, Article 4 of Decree 11/2016 / ND-CP, amended in accordance with the provisions of Clause 2, Article 11 of Decree 140/2018 / ND-CP,he employer (except the contractor) is responsible for determining the demand to use foreign workers for each job position that Vietnamese workers have not yet met and reporting to the People's Committee. The province where the foreign worker is expected to work.

The provincial People's Committee has a written approval for the employer to employ foreign workers for each job position.

Regarding the explanation for changing the demand for foreign workers, in the Form No. 2, Appendix III of the Circular 18/2018 / TT-BLDTBXH dated October 30, 2018 of the revised Ministry of Labor, War Invalids and Social Affairs, Supplementing a number of articles of the Circulars relating to administrative procedures under the State management functions of the Ministry of Labor, War Invalids and Social Affairs, which stipulate the explanations for changes in demand for using foreign workers of the employer.