DECREE

Detailed rules enforce some of the provisions of the Labor Code

Foreign workers work in Vietnam.

_________________________

Government Law Base June 19, 2015;

The Labor Code base on June 18, 2012;

At the suggestion of the tr. See. Ministry of Labor-Trade and Social Affairs,

Government b a n the plan to rule out the details of the execution of a single Stain. This is the work of the Labor Code of Foreign Labor in Vietnam.

Chapter I

COMMON RULES

What? 1. The adjustment range

This decree stipulated that the implementation of the Labor Code for the Employment of Labor licenses was a foreign citizen working in Vietnam; the expulsion of labour was foreign nationals working in Vietnam without a work permit.

What? 2. Subject applies

1. Labor is a foreign citizen working in Vietnam (then abbreviated as foreign workers) in the following forms:

a) The implementation of the labor contract;

b) Move in the business internal;

c) Implematization of contracts or agreements on economics, commerce, finance, banking, insurance, technical science, culture, sports, education, vocational education, and health;

d) Provider service providers;

Hey, let's sell the service.

e) Working for the non-governmental organization abroad, the international organization in Vietnam is allowed to operate under the provisions of Vietnamese law;

g) Volunteers;

h) The person responsible for establishing a commercial presence;

i) Manager, executive director, expert, technical labor;

l) participate in the implementation of the bidding, project in Vietnam.

2. The user of foreign workers, including:

a) The business operates under the Corporate Law, Investment Law or by the international treaty that the Socialist Republic of Vietnam is a member;

b) the foreign contractor or in the country to the bid, implement the contract;

c) The representative office, the branch of the business, the agency, the organization was granted the authority to license the establishment;

d) The state agency, political organization, political-social organization, social political organization-profession, social organization, social organization-profession;

The foreign government organization, international organization in Vietnam;

e) The organization of a career is established by the rule of law;

g) The office of the foreign project or of the international organization in Vietnam;

h) The executive office of the foreign investor in the business cooperation contract or of the registered foreign contractor is active in accordance with the provisions of the law;

i) organizations practice law in Vietnam by law;

l) Cooperated, associate cooperatim established and operate under the Law of Cooperation;

l) Society, the corporate association established by the rule of law;

m) Household business, individuals are allowed to operate business under the rule of law.

What? 3. Foreign workers are the ones moving in anger. i the business ministry, volunteers, experts, managers, executives and labor managers, and our employees. There. Engineering.

1. Foreign workers who move in the business interior are managers, executives, experts and technical workers of a foreign enterprise that has established a trade presence on Vietnamese territory, moving temporarily in the internal affairs of the United States and the United States. enterprise to a commercial presence on Vietnamese territory and has been employed by foreign businesses for at least 12 months.

2. Volunteers are foreign workers who work in Vietnam in the form of voluntary and unpaid form to make an international wish that the Socialist Republic of Vietnam is a member.

3. The expert is a foreign worker belonging to one of the following cases:

a) There is a confirmed text that is the expert of the agency, organization, business abroad;

b) Having a college degree or equivalent and has at least 03 years of working experience in the profession is trained in accordance with the position of work that foreign workers are expected to work in Vietnam; the special case is seen by the Prime Minister. It's a decision.

4. The manager, the chief executive, is the foreign worker belonging to one of the following cases:

a) The manager is the manager of the business under the regulation at Article 18 Article 4 Business Law or the head, the deputy head of the head of the agency, the organization;

b) The chief executive is the head and directly operating unit of the agency, organization, business.

5. Technical Labor is the person who is trained in engineering or other majors for at least 01 years and works for at least 03 years in the trained specialty.

Chapter II

THE LABOR PERMIT LEVEL, THE EMPLOYMENT LICENSE LEVEL, THE DEPORTATION OF FOREIGN WORKERS WITHOUT A WORK PERMIT IS ISSUED.

Item 1

DEFINE THE WORK USED BY FOREIGN WORKERS.

What? 4. Use of foreign workers

1. Identilocate the need to use foreign workers

a) The employer (except for the contractor) is responsible for determining the need for use of foreign workers for each position of work that the Vietnamese labourers have not met and reported the program to the Chairman of the Provincial People ' s Committee, the online city. of the Central Committee (later abbreviated as the Provincial People's Committee) where foreign workers are expected to work. In the process of implementing the need for foreign workers, employers must report to the Chairman of the Provincial People's Committee.

b) The case of foreign workers stipulated at Clauses 4, 5 and 8 Article 172 of the Labor Code and Point, Point 2 Article 7 This decree the employer does not have to implement the need to determine the need for foreign workers.

2. The chairman of the Provincial People's Committee has a written approval for employers on the use of foreign workers to each position of work.

What? 5. Use of foreign workers of the contractor

1. Before the hiring of foreign workers, the contractor was responsible for prescribing the number, qualifications, expertise, the experience of foreign workers needing to mobilize to make the bid in Vietnam and offer the recruitment of Vietnamese workers into the country. The job positions are expected to recruit foreign workers (accompanied by the confirmation of the investment owner) with the Chairman of the Provincial People's Committee where the contractor makes the bid.

Where the contractor has the need to adjust, the addition of the number of registered workers, the owner of the investment must confirm the regulatory method, complements the required labor needs of foreign contractors.

2. The chairman of the Provincial People ' s Committee directed the agencies, the organization of the local refereit, to provide Vietnamese workers to the contractor. For a maximum period of 2 months, since the date of the receiving date of the selection of 500 Vietnamese workers and 1 months from the date received from the date received under 500 Vietnamese labourers without introducing or supplying Vietnamese workers to the public. As a contractor, the chairman of the People's Committee is considering, deciding whether the contractor is hired by foreign workers to be employed by Vietnamese workers.

3. The owner of the supervising charge, asking the contractor to perform the right content on the use of the employment of Vietnamese workers and foreign workers; instructs, the foreman, the contractor to implement the regulations on recruitment, the use of labourers. Foreign workers work for the contractor under the rule of law; the monitoring and management of foreign workers perform the provisions of the Vietnamese law; quarterly, the report of the Department of Labour-Trade and Social Affairs on the situation of recruitment, use and governance. The foreign workers of contractors by the provisions of the Ministry of Labor-Trade and Social Affairs.

4. The quarterly, the Department of Labor-Trade and Social Affairs coordinated with the public body and the relevant agencies to examine the regulations of Vietnamese law against foreign workers working at the bids issued by the contractor. On the ground.

What? 6. The report uses foreign workers

1. periodically every year or a sudden, the Provincial People ' s Committee is responsible for reporting the Ministry of Labor-Trade and Social Affairs on the need to use foreign workers, approving the need to use foreign workers and the management situation. Foreign workers working on the site.

2. periodically, 6 months and every year, the Department of Labor-Trade and Social Affairs is responsible for reporting on foreign workers working on the site in accordance with the guidelines of the Ministry of Labor and Social Affairs.

Item 2

THE FOREIGN WORKER IS NOT PART OF THE LABOR PERMIT.

What? 7. i Foreign workers are not part of a labor permit.

1. Foreign workers rules 1, 2, 3, 4, 5, 6, 7 and 8 Article 172 of the Labor Code.

2. Other cases of foreign workers are not part of the employment license level, including:

a) Moving within the business interior of the range of 11 industries in the service of Vietnam ' s service commitment to the World Trade Organization, including: business, information, construction, distribution, education, environment, finance, health, tourism, culture, tourism, culture, and business. entertainment and transportation;

b) In Vietnam to provide professional and technical consulting services or perform other tasks that serve the research, construction, appraisal, assessment, management and implementation of the program, the project using the main source of development support for the project. (ODA) by regulation or agreement in international treaties on ODA has signed between the competent authorities of Vietnam and abroad;

c) Ministry of Foreign Affairs is licensed by the Ministry of Foreign Affairs of Information, the press in Vietnam by law;

d) By the agency, the organization of foreign countries sent to Vietnam to teach, study at the International School of the Governing Body of foreign diplomatic representation or international organization in Vietnam or be validated by the Ministry of Education and Training, research at educational institutions, training in Vietnam;

Volunteers have the confirmation of foreign diplomatic representative agency or international organization in Vietnam;

e) Into Vietnam working at a specialist position, manager, chief operating officer or technical worker has a period of work under 30 days and a combined time of no more than 90 days in 01 years;

g) In Vietnam implementation of the international agreement that the agency, organization in the Central, the provincial level signed by the rule of law;

h) Students, students who are studying in schools, overseas training facilities have an internship agreement in the agencies, organizations, businesses in Vietnam;

i) A member of the foreign representative body in Vietnam after being licensed by the Ministry of Foreign Affairs, except for the case of international treaties that the Socialist Republic of Vietnam is another regulated member;

) There is a public service that works for the state agency, the political organization, the political organization-the society.

l) Other cases led by the Prime Minister at the suggestion of the Ministry of Labor-Trade and Social Affairs.

What? 8. Confirification of foreign workers not under the employment permit level.

1. The Department of Labor-Trade and Social Affairs has the authority to confirm that foreign workers are not under the employment license level.

2. The employer recommended the Department of Labor-Trade and Social Affairs where foreigners are expected to work to confirm the foreign worker not under the employment license level before at least 07 days of work, since the day of foreign workers ' employment. start to work, minus the prescribed cases at paragraph 4, paragraph 5 Article 172 of the Labor Code and Point 2 Article 7 This Protocol.

The deadline for the confirmation of the foreign worker is not under the employment license level no more than 02 years and by the time of one of the prescribed cases at Article 11 of this Decree.

3. The proposed filing does not have a labor license level, including:

a) The proposed text confirms the foreign worker not under the employment of the work permit;

b) The list of quotation on foreign workers with content: surname, name; age; gender; nationality; passport number; date of beginning and date of work; the position of the work of the foreign worker;

c) The papers to prove that foreign workers are not part of the employment license level;

d) The paper's proof of a foreign worker does not belong to a work permit issued to 1 copy of the original to a passport or 1 copy of a certificate, if foreign, if it is not legally valid, but must translate into Vietnamese and prove it. in accordance with the regulations of Vietnamese law.

4. For the 3-day period of work, since the date of receiving enough filing a certificate of validation is not subject to the employment license level, the Department of Labor-Trade and Social Affairs has the confirmation text of the employer. The unconfirmed case has a written answer and specifies the reason.

Section 3

LEVEL OF LABOR PERMIT

What? 9. Labor licensing conditions

1. There is full civil conduct capacity under the rule of law.

2. There is health in line with the job requirement.

3. As a manager, managing director, expert or technical worker.

4. Not a person who commits a crime or is in charge of criminal responsibility under the regulation of Vietnamese law and foreign law.

5. Being approved by the text of the state agency has jurisdiction over the use of foreign workers.

What? 10. File to issue a labor permit

1. The text offers the employment licenses of employers by the provisions of the Ministry of Labor-Trade and Social Affairs.

2. Health certification or health certificate due to the agency, medical organization of foreign or Vietnamese jurisdiction is valid for 12 months, since the date of the health conclusion to the date of filing.

3. The judicial or legal calendar that identifies the foreign worker is not the offender or is pursued by the criminal responsibility of the foreign country. The case of foreign workers residing in Vietnam is only a judicial vote issued by Vietnam.

The judicial or legal calendar vote confirmed that foreign workers are not offenders or are prosecuted for the criminal responsibility of being granted no more than 6 months, since the date of the issue date to the filing date.

4. Text proves to be the manager, chief operating officer, expert or technical worker.

For some professions, the work, the text that proves the expertise, the technique of foreign workers is replaced by one of the following papers:

a) The recognition paper is artisans for traditional professions led by the authority of the foreign country;

b) The text that proves the experience of the foreign football player;

c) The license to transport air transport aircraft by the authority of Vietnam's authority to foreign pilots;

d) A train maintenance permit issued by the authorities of Vietnam for foreign workers for the maintenance of the flying boat.

5. 02 color images (size 4cm x 6cm, white background font, straight face, bare head, non-stained glass), screenshot not more than 06 months to date file.

6. The copy of a passport certificate or paper with a value of changing the passport or paper has a valid international travel value.

7. Papers related to foreign labourers

a) For foreign workers in accordance with the regulation at point b 1 Article 2 This decree must have the text of the foreign enterprise sent to work at the commercial presence of that foreign enterprise on Vietnam territory and the proof text. Foreign workers have been employed by foreign businesses before working in Vietnam for at least 12 months;

b) For foreign workers by regulation at Point 1 Article 2 This decree must have a contract or agreement signed between the Vietnamese and foreign partners, which must have an agreement on the employment of foreign workers at work in the United States. Vietnam.

c) For foreign workers by regulation at Point 1 Article 2 This decree must have the contract to provide the signing service between the Vietnamese and foreign partners and the document that proves the foreign worker who has worked for the business. foreign countries have no commercial presence in Vietnam for at least 2 years;

d) For foreign workers by regulation at the Point 1 Article 2 This decree must have the text of the service provider of foreign workers into Vietnam to negotiate provision of the service;

For foreign workers in accordance with the stipulation at the Point 1 Article 2 This decree must have a certificate of a foreign non-governmental organization, the international organization is allowed to operate under the provisions of Vietnamese law;

e) For foreign workers by regulation at Point 1 Article 2 This decree must have the text of the service provider of foreign workers into Vietnam to establish a commercial presence of that service provider;

g) For foreign workers in accordance with the regulation at Point 1 Article 2 This decree that participated in the activities of foreign enterprises established a trade presence in Vietnam must have a written proof of foreign workers. to participate in the activities of the foreign business.

8. The filing offers a labor license grant for some special cases, including:

a) For foreign workers who have been granted a labor permit and are still in effect that working for other employers in the same job position in the work permit in accordance with the rule of law, the filing recommended that a labor permit be issued. including the prescribed papers at 1, 5, 6 and 7 This and the work permit or copy of the labor license certificate have been granted;

b) For foreign workers who have been granted a labour permit and are in effect that otherwise position the job of writing in a law permit under the rule of law but do not change the employer, the file offers a TB license. These include regulatory papers at Articles 1, 4, 5, 6 and 7 This and the work permit or copy of the work permit issued;

c) For foreign workers who have been granted a labor permit but the full validity of regulation at Article 174 of the Labor Code that has the need to continue working the same job position has been written in the statutory labor permit under the rule of law. The file recommended for the licensing of the labor permit included regulatory papers at 1, 2, 3, 5, 6 and 7 This and the confirmation text revoked the work permit;

d) The case of foreign workers at the points a, b and c This paragraph has been granted the prescribed labour license at the International Protocol. 102 /2013/NĐ-CP September 5, 2013 The government rules out certain provisions of the Labor Code of Foreign Labor working in Vietnam, then there must be a written proof of the requirement under regulation at Clause 3 or Clause 4 or Clause 5 Articles 3. Hey.

9. Contract legalization, corroboration of paperwork

a) The specified papers at Clause 2, 3 and 4 This is the 1 version of the original for the reference or 1 copy of the certificate.

If foreign papers must be legally legalised, unless the case is exempt from the legal exemption under the international treaty that the Socialist Republic of Vietnam and the foreign country are both members or in accordance with the principle of having a visa. And in the law of the law of the law, the translation of the Vietnamese and the law of the Vietnamese.

b) The prescribed papers at paragraph 7 This article are 1 ^ 1 ^ The original taken to the object or 1 copy of the evidence, if the foreign language is legally exempt, but must translate into the Vietnamese language and testify as defined by the law of Vietnam. Male.

What? 11. Yeah. The limit of the work permit

The duration of the labor permit is granted under the deadline of one of the following cases but not more than 02 years:

1. The deadline for the labor contract is expected to sign;

2. The foreign side of foreign workers to work in Vietnam;

3. The contract deadline or the signing agreement between the Vietnamese and foreign partners;

4. The contract deadline or agreement provides the signing service between the Vietnamese and foreign partners;

5. The deadline stated in the text of the service provider sends foreign workers into Vietnam to negotiate the provision of the service;

6. The deadline has been identified in the certificate of foreign non-governmental organization, the international organization is allowed to operate under the regulation of Vietnamese law;

7. The deadline in the text of the service provider to send foreign workers into Vietnam to establish a commercial presence of that service provider;

8. The term in the text of proof of foreign workers being involved in the operation of a foreign business has established a trade presence in Vietnam.

What? 12. Labor license order

1. Before at least 15 working days, since the day the foreign worker was expected to start working for the employer, the employer must file a proposal for a labor permit grant to the Department of Labor-Trade and Social Affairs where the labourers were born. I mean, the foreign movement is expected to work.

2. During the period of 7 working days, since the date of receiving enough paperwork to grant employment permits, the Department of Labor-Trade and Social Affairs granted labor permits to foreign workers under the sample provided by the Ministry of Labor-Trade and Social Affairs. In the absence of a work permit, there is an answer and statement of reason.

3. For foreign workers by regulation at the Point A 1 Article 2 This decree, after foreign workers are granted a labor permit, employers and foreign workers must sign a contract to contract the labor degree in writing, the report said. according to the regulations of the Vietnamese labor law before the date of the expected employment for employers.

For the duration of the 5 working days, since the day of the signing of the labor contract, the employer must submit a copy of the contract labour signed to the Labour-Trade and Social Service granted that labor permit.

Section 4

LEVEL OF LABOR PERMIT

What? 13. The cases of resupply of labor permit

1. The labor permit is left to be lost, broken or changed the contents of the work permit, except for the specified cases at the Article 8 Article 10 of this decree.

2. The labor permit is at least 05 days but no more than 45 days.

What? 14. Proposition of the offer to grant a labor permit

1. The text offers to grant the employment license of the employer by the provisions of the Ministry of Labor-Trade and Social Affairs.

2. 02 color images (size 4cm x 6cm, white background font, straight face, bare head, no color glasses), screenshot not more than 6 months to date file.

3. The labor permit has been issued

a) The case of a labour permit that is lost in accordance with the provisions of Article 1 Article 13 This decree must have the confirmation of the Vietnamese-level Social Security Agency or the authority of the foreign authority according to the rule of law;

b) The case of changing the contents of the work permit specified under the provisions of Article 1 Article 13 must have the proof papers;

c) The case of a labor permit is at least 5 days, but not more than 45 days as stipulated at Clause 2 Article 13 This must have a health certificate or a prescribed health certificate at Article 2 Article 10 of this decree and one. in the provisions of Article 7 Article 10 of this decree;

d) The case of foreign labourers has been granted a prescribed labor permit at the Digital Protocol. 102 /2013/NĐ-CP September 5, 2013 The government rules out certain provisions of the Labor Code of Foreign Labor working in Vietnam, then there must be a written proof of the requirement under regulation at Clause 3 or Clause 4 or Clause 5 Articles 3. Hey.

4. The specified paper at Clause 3 This article is a 1-article version of the original for a passport or 1 copy of the certificate, if the foreign language is legally exempt, but must translate into Vietnamese and corroborate the provisions of Vietnamese law.

What? 15. Labor license reorder

1. The case of resupply of labor permits by regulation at clause 2 Article 13 This decree is before at least 05 days but not more than 45 days prior to the expiration of the expired labor permit, the employer must file a repetition of the employment permit. The Department of Labor-Trade and Social Affairs granted that work permit.

2. During the 3-day period of work, since the date of receiving enough paperwork to grant the employment permit, the Department of Labor-Trade and Social Affairs reissued the work permit. In the absence of a work permit, there is an answer and a clear reason.

3. For foreign workers by regulation at the Point A 1 Article 2 This decree, after foreign workers are granted a labor permit, employers and foreign workers must sign a contract of labor in a written state of the United States of America. in accordance with the provisions of the Vietnamese labor law before the expected date of continuing work for employers.

During the 5-day period of work, since the day of the signing of the labor contract, the employer must submit a copy of the contract labour signed to the Labor Department-Trade and Social Affairs have granted that work permit.

What? 16. The duration of the labor permit is issued

1. The duration of the employment permit issued in accordance with the provisions at Clause 1 Article 13 This Decree by the deadline of the employment permit has been granted unless the time of foreign workers has been working towards the time of the proposed employment permit.

2. The duration of the employment permit is granted in accordance with Article 2 Article 13 This decree by the time of one of the specified cases at Article 11 of this decree but no more than 2 years.

Section 5

REVOKING THE LABOR PERMIT, THE DEPORTATION OF FOREIGN WORKERS

What? 17. Labor license recall

1. The labor permit expires in accordance with the provisions of Clause 1, 2, 3, 4, 5, 7 and 8 Article 174 of the Labor Code.

2. The labor permit revoked by the employer or the foreign worker does not make the right regulation at this decree.

3. Labor license recovery sequence

a) For the specified case at Clause 1 Article the employer revoking the labor permit of the foreign worker to submit to the Department of Labor-Trade and Society granted that labor permit;

b) For the specified case at paragraph 2 This the Director of the Department of Labor-Trade and Social Affairs granted the labor permit decision to recover and inform the employer to recover the labor permit of the foreign worker and the employment of the labor force. Return to the Department of Labor and Social Services;

c) The Department of Labor-Trade and Social Affairs has a verified text that has revoked the work permit to send the employer.

4. The Ministry of Labor-Trade and Social Affairs regulates the procedure for the recovery of labor permits.

What? 18. Expulsion of foreign workers

1. The foreign worker who works in Vietnam does not have a labour permit or no document confirming that it is not part of the prescribed employment license at this decree (later abbreviated as the foreign worker who works in Vietnam). There is no labor permit deported under the rule of Vietnamese law.

2. The Department of Labor-Trade and Social Affairs recommended that the agency be deported to the case of foreign workers working in Vietnam without a work permit.

The organization and the individual who found foreign workers working in Vietnam do not have a work permit, informed the Department of Labor-Trade and Social Affairs, where the person works.

3. For a 15-day period of work, since the date of the determination of foreign workers working in Vietnam without a permit for labor, the Labor Department and Social Affairs recommend the public to deport the foreign worker.

Chapter III

EXECUTION CLAUSE

What? 19.

1. This decree has been in effect since 1 April 2016.

2. Decree 102 /2013/NĐ-CP September 5, 2013 of the Government Regulation details the implementation of several provisions of the Labor Code of Foreign Labor working in Vietnam; Point a Section 4 Resolution No. 47 /NQ-CP on 8 July 2014 of the Government expires since the date. This decree is in effect.

3. The transition clause

a) For the types of papers included: the written approval of the use of foreign workers, the text that confirms does not belong to the employment license level and the work permit has been granted in accordance with the regulation, at the Digital Protocol. 102 /2013/NĐ-CP September 5, 2013, the government rules out certain provisions of the Labor Code of Foreign Labor in Vietnam, continuing to use until the end of the term.

b) The case of employers submitted reports of a need for use of foreign workers; the profile of the offer, granting a labor permit or confirmed the foreign worker not under the employment license level prior to the date of the Decree. This has the effect of execution, and it ' s on the rules of the United States. 102 /2013/NĐ-CP September 5, 2013, the government rules out certain provisions of the Labor Code of Foreign Labour in Vietnam.

What? 20. Liar. Ch. Execution

1. Ministry of Labor-Trade and Social Affairs is responsible:

a) Guide to this decree;

b) The implementation of the need for the use of foreign workers; confirmed not under the employment of the labor permit; granted, reissued the work permit; the recovery of the labor permit; the confirmation revoked the labor permit and recommended the export-deportation public body. Foreign workers working in Vietnam do not have a labor permit for foreign workers to work for employers to make rules at points d, e, g, and 1 paragraph 2 Article 2 This decree;

c) Directoring, foreman, inspector and examination of the implementation of the laws of foreign workers working in Vietnam.

2. Ministry of Public Security is responsible:

a) Guide to the authority, the deportation procedure for foreign workers working in Vietnam does not have a work permit;

b) The guidance of the visa granting to the foreign worker involved in the granting of the granting, the granting of the work permit; the validation is not of the employment license level;

c) The quarterly periodic provides information about foreign workers being granted a visa to work for the agency, organization, business to the Ministry of Labor-Trade and Social Affairs.

3. The Ministry of Finance is responsible for the guidance of the charge fee, the granting of the employment license, the confirmation not subject to the employment license level for the specified cases at the point b 1 This Article.

4. The Ministry of Industry is responsible for the guidance of the base, the procedure to identify foreign workers moving within the business sector within the range of 11 services in Vietnam ' s service commitment to the World Trade Organization.

5. Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial Committee of the Provincial People's Committee, the Central City of the Central Committee is responsible for the implementation of this decree.