COMPLIANCE CHECKLIST FOR A NEWLY ESTABLISHED REPRESENTATIVE OFFICE (PART 6)

SI Payment Have the RO and the employees made compulsory SI payments?

Wages of the RO’s employees Has the RO paid wages to the RO’s employees higher than the minimum wage stipulated by the State?[43]

Overtime payment Has the RO requested the employees to work overtime? If yes, has the RO paid overtime salary for the employees at the rates provided by law? [44]

Biannual and annual reports Has the RO submitted biannual reports (before June 05) and annual reports (before December 05) on the change in employees to the DOLISA and the district social insurance agency?[45]

Plan for using foreign employees Has the RO prepared a plan for using foreign employees to be submitted to the Peoples’ Committee of Ho Chi Minh City through DOLISA for their official approval at least 30 days before the expected day of the new recruitment?[46]

Change to the plan for using foreign employees If the RO has been approved for employment of foreign employees but wishes to make changes, has the RO submitted a report on the adjustment or supplementation to the DOLISA at least 30 days before the expected day of the new recruitment, additional recruitment or recruitment for substitution of foreign employees?[47]

Visa application Have the RO’s foreign guests or expatriate employees applied for an entry visa at the Vietnamese representative organization overseas in accordance with the Notice of invitation issued by the Vietnamese immigration office?[48]

Obtaining a work permit Has the RO applied for the work permits for its foreign employees at the local authorities for a term of a maximum of 02 years?[49]

Extension of work permit At least 05 days but not more than 45 days before the expiry of the work permit’s term, has the RO applied for the extension of the work permit?[50]

Notice on signing of labor contractHas the RO sent the signed labor contract with the foreign employee to the competent authority issued the work permit?[51]

Report on using foreign employees Has the RO reported the situation of using foreign workers before July 5 and January 5 of the following year?[52]

Temporary resident card Have the CR and all the RO’s foreign employees obtained temporary resident cards for ease of travelling and residing in Vietnam? [53]

Type of temporary resident cardHave the CR or the RO’s foreign employees obtained temporary resident cards in the correctly prescribed type?[54]

Registration of new local employeesHas the RO registered in the recruitment of the local employee(s) through organizations that are authorized to recruit and manage Vietnamese employees working for foreign employers?[55]

Notice on signing of labor contractHas the RO notified in writing of the signing of labor contracts to organizations that are authorized to recruit and manage Vietnamese employees?[56]

Annual report on using local employeesBefore December 15 of each year or unexpectedly upon request, has RO reported the situation on recruitment and employment of local employees to organizations that are authorized to recruit and manage Vietnamese employees?[57]

Unemployment Insurance Payment Has the RO paid UI for all local employees who are working under the labour contracts?[58]

[43] Article 90 of Labor Code 2019

[44] Article 98 of Labor Code 2019

[45] Article 4.2 of Decree 145/2020/ND-CP

[46] Paragraph 1 of Article 4.1(a) of Decree 152/2020/ND-CP

[47] Paragraph 2 of Article 4.1(a) of Decree 152/2020/ND-CP

[48] Article 16 of Law on Entry, Exit, Transit, and Residence of foreigners 2014 and Article 3 of Circular 31/2015/TT-BCA

[49] Article 155 of Labor Code 2019 and Article 10 of Decree 152/2020/ND-CP

[50] Article 16 of Decree 152/2020/ND-CP

[51] Article 18.3 of Decree 152/2020/ND-CP

Note: In case of failure to send a copy of the signed labor contract to the competent authority issued the work permit, the employer as an organization will be fined from VND 2,000,000 to VND 6,000,000 (Article 5.1 and Article 31.1 of Decree 28/2020/ND-CP)

[52] Article 6.1 of Decree 152/2020/ND-CP

Note: In case of failure to report or report incorrect content and time limit on the situation of using foreign employees, the employer as an organization will be fined from VND 2,000,000 to VND 6,000,000 (Article 5.1 and Article 31.1 of Decree 28/2020/ND-CP)

[53] Article 4 of Circular 31/2015/TT-BCA