VietNamNet Bridge
– “Foreigners who enter Vietnam
to implement contracts or projects won by foreigners in Vietnam must
give priority to recruit Vietnamese to do the jobs that Vietnamese are capable
to do…”

This is a new point in Decree 34/2008 on recruitment and
management of foreigners working in Vietnam.

Accordingly, foreign investors have to make clear the
recruitment policy in their bidding documents, which must give priority to use
Vietnamese workers to do the jobs that they can do.

For positions that require foreign experts, contractors must
specify the number, the positions, expertise, experience and the working time.

Foreign contractors must observe this policy once they win
tenders. They are responsible to report in written documents to the provincial
government where their projects are implemented abut their recruitment plan.

Foreign contractors are responsible to get work permits for
their foreign experts.

Investors are responsible to supervise foreign contractor’s
implementation of the recruitment policy and report on a quarterly basis to the
local Department of Labor, War Invalids and Social Affairs.

Within 30 days (for recruitment of less than 500 workers)
and 60 days (over 500 workers), if local governments cannot recommend or supply
enough manpower for foreign contractors, they must permit foreign contractors
to recruit foreign workers.

The new rules will take effect as of August 1, 2011.

Vu Diep