Issuing work permits when foreign workers work in industrial parks
1. What is an industrial park?
Decree 35/2022/ND-CPRegarding industrial zones, a number of specific regulations have been set out on the definition and functions of industrial zones. In Clause 1, Article 2 of this decree, the definition of industrial zones is described clearly and in detail.
According to the Decree, an industrial park is defined as an area with specific geographical boundaries. This means that the industrial park has certain geographical space limits, making it easy to manage and control. The main goal of this industrial park is to specialize in producing industrial goods and providing support services related to industrial production.
With the main function of producing industrial goods, the industrial park has become an important center for local and national economic and industrial development. Concentrating production activities in one area helps optimize resources, create favorable conditions for businesses and at the same time reduce environmental pressure due to effective resource management.
In addition, industrial parks are also responsible for providing support services for industrial production, such as transportation, storage and other logistics services. This helps create a complete and complete industrial ecosystem, from production to distribution and maintenance.
It can be seen that this regulation demonstrates the importance of industrial parks in promoting economic development, improving production efficiency and creating a favorable business environment. Determining the correct functions and clear regulations of industrial zones will help manage and develop this area effectively, contributing to the prosperity of the national economy.
2. Regulations on granting work permits when foreign workers work in industrial parks
At point c of Clause 14, Article 1Decree 70/2023/ND-CP, The Government has decided to abolish regulations related to the Management Board of industrial parks and economic zones, especially regulations related to the issuance, re-issuance, extension, revocation of work permits and confirmation. foreign workers. This decision brings important changes in the management structure of foreign workers, especially working in industrial parks and economic zones. The elimination of the Management Board's role in issuing foreign work permits and not being subject to work permits has opened up a new dimension in multinational human resource management in the manufacturing and export sectors. special economics.
This decision can be understood as an important step forward in creating a friendlier and more flexible international business environment. In this way, businesses in industrial parks and economic zones can easily find and use foreign labor resources more flexibly, without having to go through complicated processes and cumbersome procedures like before. . However, this also poses some challenges in terms of management, control and ensuring the rights of foreign workers. Labor management agencies need to have alternative measures to ensure that the use of foreign workers is still carried out transparently, fairly and in accordance with the law.
In addition, Points a and b, Clause 1, Article 30 of Decree 152/2020/ND-CP, amended by Point a, Clause 11, Article 1 of Decree 70/2023/ND-CP, on the responsibilities of the Ministry of Labor - Invalids and Social Affairs, this Ministry undertakes a series of important responsibilities related to the management and issuance of foreign work permits.
The responsibilities of the Ministry of Labor, War Invalids and Social Affairs include:
- Approve the need to employ foreign workers and confirm that they are not subject to work permits for foreigners: This applies to foreign workers working for partners specified in point g, Clause 2, Article 2 of Decree 70/2023/ND-CP. This partner includes organizations established by decision of the Government, the Prime Minister, ministries, ministerial-level agencies, and agencies under the Government. Also applies to foreign workers working for one employer in multiple provinces and centrally run cities.
- The employer's right to choose: The employer specified in Point a, Clause 2, Article 2, has its headquarters in a province or city but has a representative office or branch in the province or city. other. Employers specified in Point dd, Clause 2, Article 2 of Decree 70/2023/ND-CP have the right to choose to approve the need to employ foreign workers; Confirmation of not being subject to a work permit; issue, reissue, extend and revoke work permits at the Ministry of Labor, War Invalids and Social Affairs.
At the same time, at Points a and b, Clause 6, Article 30 of Decree 152/2020/ND-CP, amended by Point dd, Clause 11, Article 1 of Decree 70/2023/ND-CP on Responsibilities of the Department of Labor - Invalids and Social Affairs, this Department undertakes a series of important responsibilities in managing and issuing foreign work permits.
The Department of Labor, War Invalids and Social Affairs has the following responsibilities:
- Approve the need to employ foreign workers and confirm that they are not subject to work permits for foreigners: This applies to foreign workers working for partners specified in point a, b, h, i, k, l, Clause 2, Article 2 of Decree 70/2023/ND-CP. This partner includes agencies and organizations established by the Provincial People's Committee, specialized agencies under the Provincial People's Committee, and district People's Committee. Also applies to foreign workers working for one employer at multiple locations in the same province or centrally run city.
- The employer's right to choose: The employer specified in Point a, Clause 2, Article 2, has its headquarters in a province or city but has a representative office or branch in the province or city. another street. Employers specified in Point dd, Clause 2, Article 2 of Decree 70/2023/ND-CP have the right to choose to approve the need to employ foreign workers; Confirmation of not being subject to a work permit; issue, reissue, extend and revoke work permits at the Department of Labor, War Invalids and Social Affairs.
Based on the above regulations, it can be understood that the authority to issue, re-issue, extend, and revoke Work Permits and confirm that foreign workers are not subject to work permits for foreigners working Jobs in industrial parks and economic zones will be located at the Ministry of Labor, War Invalids and Social Affairs, as well as the Department of Labor, War Invalids and Social Affairs at the local level. This clearly demonstrates the clear and flexible division between the central and local levels in the management of foreign workers working in industrial and economic sectors, helping to optimize the management and economic processes. Ensuring transparency and rigor in the use of foreign workers, contributing to the sustainable development of the production and economic sector.
3. Do foreign workers come to work in Vietnam in the form of project participation?
Principles and regulations on foreign workers participating in labor in Vietnam have been detailed and clearly stipulated in Article 2 of Decree 152/2020/ND-CP, this is especially prominent in defining the types of work in which they can participate. One of the notable forms is participating in implementing projects in Vietnam.
Accordingly, foreign workers working in Vietnam, in this situation, can participate in the implementation process of ongoing bidding packages and projects in Vietnam. This not only creates working opportunities for them but also makes an important contribution to international development and cooperation, especially in the field of construction and project development.
This regulation not only benefits foreign workers but also creates favorable conditions for businesses and organizations in Vietnam to select quality human resources from abroad and bring them into the country. The country has experienced engineers and experts to assist in promoting important and strategic projects.
This is not only an economic benefit but also an opportunity for Vietnam to learn and cooperate with international human resources, improving professional knowledge and technology during the implementation of important projects. Since then, foreign workers not only contribute to Vietnam's economic development but also cultural exchanges and create a rich and diverse working environment.
In summary, regulating and encouraging foreign workers to participate in implementing projects in Vietnam is not only a solid step forward in opening the door to international cooperation but also an opportunity for our country to benefit from international knowledge and experience, while contributing to the sustainable and comprehensive development of the country.