Vietnam: Deadline for Second Semi-Annual Report on Foreign Nationals Forthcoming
November 28, 2022
At a Glance
- Employers sponsoring foreign nationals working in Vietnam must file the second of the required semi-annual report by January 5, 2023.
- Foreign nationals working in Vietnam from December 15, 2021 to December 14, 2022 must be included in the January 2023 report.
- Failure to file the report may result in administrative fines for employers and possible delays in subsequent immigration applications.
The situation
Employers in Vietnam must file the second of their semi-annual report on their sponsorship of foreign nationals by January 5, 2023. Fragomen can file the reports on the companies’ behalf.
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 January 2023 report must cover the period between December 15, 2021 to December 14, 2022 (i.e., 12 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
- 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.
- 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 January 5, 2023, to avoid other adverse immigration impacts such as delays to renewal applications.
Background
- Purpose of reports. The Ministry of Labour, Invalids and Social Affairs (MOLISA) requires sponsoring companies to file semi-annual reports (the first of which was due July 7, 2022) 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.
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 with at Fragomen or send an email to [email protected].