Vietnam: Upcoming Deadlines for Semi-Annual Reports on Foreign Nationals Announced
May 29, 2023
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At a Glance
- Employers sponsoring foreign nationals working in Vietnam must file the required semi-annual report by July 5, 2023 and January 5, 2024, respectively.
- Foreign nationals working in Vietnam from December 15, 2022 to June 14, 2023 must be included in the July 2023 report, and those working in Vietnam from December 15, 2022 to December 14, 2023 must be included in the January 2024 report, respectively.
- Failure to file the reports may result in administrative fines and possible delays in subsequent foreign labor demand or work permit applications.
The situation
Employers in Vietnam must file a report on their sponsorship of foreign nationals on a semi-annual basis, by July 5, 2023 and by January 5, 2024, respectively. Fragomen can file the reports on behalf of the employer.
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 report must cover the period between December 15, 2022 to June 14, 2023 (i.e., 6 months), and the January 2024 report must cover the period between December 15, 2022 to December 14, 2023 (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
- Consequences for late filing. Fines and monetary penalties will be imposed for employers who do not file reports on time. Fragomen recommends that employers file reports before July 5, 2023 and January 5, 2024 respectively, 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 review.
- Regional reporting requirements. Foreign national reporting requirements are also 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 APCCInitiation[email protected].
