At a Glance
- Employers sponsoring foreign nationals working in Vietnam must file the first of the required semi-annual reports by July 5, 2024.
- Foreign nationals working in Vietnam from December 15, 2023 to June 14, 2024 must be included in the July 2024 report.
- Failure to file the report may result in administrative fines for employers and possible delays in subsequent foreign labor demand or work permit applications.
The situation
Employers in Vietnam must file the first of their semi-annual report on their sponsorship of foreign nationals by July 5, 2024. Fragomen can file the reports on behalf of the company.
A closer look
- Documentary requirements. Companies sponsoring foreign nationals working in Vietnam must submit a signed and sealed half-yearly report to the local Department of Labour, Invalids & Social Affairs (DOLISA) office.
- Reporting periods. The July 2024 report must cover the period between December 15, 2023 and June 14, 2024 (i.e., six months).
- Pending work permit applications. Foreign nationals whose work permits are pending approval or awaiting issuance are not required to be included with the report (if their applications are still pending by the respective deadline).
Impact
- Consequences for late filing. Fines and monetary penalties may be imposed for employers who do not file reports on time. Fragomen recommends that employers file reports before July 5, 2024, to avoid other adverse immigration impacts such as delays to renewal applications.
- Immediate action required. To avoid any consequences in relation to their foreign nationals' immigration status, sponsoring companies should comply with the filing requirements by the respective deadline.
Background
- Purpose of reports. The Ministry of Labour, Invalids and Social Affairs (MOLISA) requires sponsoring companies to file semi-annual reports in order to track foreign nationals' stay and status changes, if applicable in Vietnam. After the reports are filed, the various DOLISAs will submit the reports to MOLISA for its records and review.
- Regional reporting requirements. Foreign national reporting requirements are a feature of the immigration system in Indonesia, where employers must submit annual reports on their foreign workers and the training of their Indonesian counterparts. In the Philippines, reporting requirements are also required; foreign nationals holding a valid Alien Certificate of Registration Identity Cards must appear at the Bureau of Immigration office to file their Annual Report.
Looking ahead
It is possible that the MOLISA will change the frequency of the reporting requirement in the future depending on the capacity of the government in enforcing the requirements.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.