Vietnam: Company Registration Websites and Additional Details Now Available for Forthcoming Market Testing Requirements
December 12, 2023
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At a Glance
- In anticipation of the new labor market testing requirements that will go into effect on January 1, 2024, local companies are reminded that they must register with the Department of Labor, Invalids and Social Affairs (DOLISA) before they can publish any job postings.
- Each provincial DOLISA has started to publish the recruitment portals for local companies to register. Companies should have the necessary credentials registered on the portal associated with their respective provincial DOLISA in advance to reduce delays in their immigration processes once the labor market testing requirements come into effect.
The situation
In anticipation of the new labor market testing requirements that will go into effect on January 1, 2024, local companies must register with the Department of Labor, Invalids and Social Affairs (DOLISA) before they can publish any job postings.
A closer look
- Registration process. Each provincial DOLISA will have their own recruitment portals for local companies to register. Each company must register an account on its corresponding provincial DOLISA portal.
- Portal for Ho Chi Minh entities (the same as was created in November 2023);
- Portal for Hanoi entities;
- Portal for MOLISA managed entities (which will only open on January 1, 2024).
- Purpose of website. The portals will allow companies to post job openings for the required minimum of 15 days before seeking to hire foreign nationals under the new labor market testing requirements.
Impact
Companies should have the necessary credentials registered on the portal associated with their respective provincial DOLISA in advance to reduce delays in their immigration processes once the labor market testing requirements come into effect.
Background
- Timeline of rule. From January 1, 2024, sponsoring entities applying for initial and renewal Job Position Approval (JPA) applications will need to submit proof of a labor market test.
- Related requirements. To fulfill the labor market test requirement, companies will be required to publish a job posting on the above-mentioned recruitment portal at least 15 days before the JPA application. While labor authorities have not yet issued specific guidelines on the job posting requirements, according to Decree 70, the content of the job posting will typically need to include information on the job position, job title, job description, number, qualification requirements, experience, salary, time and location of work. Importantly, the job posting details must be consistent with the details included in the JPA application. Otherwise, the JPA application may not be accepted.
Looking ahead
Fragomen may be able to provide support with company registration on the recruitment portals as well as job posting advertisements on the portals. Companies should work with their immigration professionals for case-specific advice.
We expect the authorities to issue additional guidelines or changes in the coming weeks ahead, as the MOLISA and DOLISAs start to implement the new labor market test requirements. Fragomen will provide further updates as the government releases further details.
We worked closely with Resident Vietnam in Vietnam to prepare this alert. This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
