LEGAL RESPONSIBILITIES OF ENTERPRISES USING ARTIFICIAL INTELLIGENCE SYSTEMS IN RECRUITMENT

Abstract

The use of artificial intelligence in screening, scoring, and selecting job applicants can improve recruitment efficiency but also gives rise to risks of discrimination, personal data infringements, lack of transparency, and difficulties in determining legal responsibility. Using doctrinal legal research combined with comparative legal analysis, this article examines the legal responsibilities of enterprises as AI deployers and users in the recruitment process. The findings reveal that Vietnamese law has not yet established specific criteria for classifying the risks of AI systems used in recruitment; transparency obligations do not adequately extend to automated screening activities; and the mechanisms for proving discrimination and allocating liability between enterprises and AI providers remain unclear. In response to these shortcomings, the article proposes recommendations to refine risk classification criteria, strengthen the right to human review, establish algorithmic auditing mechanisms, enhance the protection of applicants’ personal data, and clarify rules on the allocation of legal responsibility