Decree 11/2016/nd-Cp: Detailing The Implementation Of A Number Of Articles Of The Labor Code Of Foreign Workers Working In Vietnam

Original Language Title: Nghị định 11/2016/NĐ-CP: Quy định chi tiết thi hành một số điều của Bộ luật Lao động về lao động nước ngoài làm việc tại Việt Nam

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/2952792/ngh-nh-11-2016-n-cp%253a-quy-nh-chi-tit-thi-hnh-mt-s-iu-ca-b-lut-lao-ng-v-lao-ng-nc-ngoi-lm-vic-ti-vit-nam.html

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The DECREE detailing implementation of some articles of the labor code of foreign workers working in Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law June 19, 2015;
The labor code base on 18 June 2012;
According to the recommendation of the Minister of labor, invalids and Social Affairs, the Government issued a decree detailing implementation of some articles of the labor code of foreign workers working in Vietnam.
Chapter I GENERAL PROVISIONS article 1. Scope of this Decree detailing implementation of The labor law on the grant of work permits for foreign citizens is the labor to work in Vietnam; the deported workers are foreign nationals working in Vietnam do not have work permits.
Article 2. Application object 1. Labor is foreign citizens to work in Vietnam (hereafter abbreviated as foreign workers) in the following form: a) the implementation of the labor contract;
b) move within the enterprise;
c) made the type of contract or agreement on economy, trade, finance, insurance, banking, science and technology, culture, sports, education, career education and health;
d) service provider;
DD) offered for sale services;
e) working for foreign non-governmental organizations, international organizations in Vietnam are allowed to operate under the provisions of the law of Vietnam;
g) volunteers;
h) Who is responsible for the establishment of commercial presence;
I) managers, executives, professionals, technical workers;
k) participated in the tenders, projects in Vietnam.
2. The use of foreign workers, including: a) the business operating under the enterprise law, investment law or by international treaties to which the Socialist Republic of Vietnam is a Member;
b) foreign contractors or in participating countries, implementation of the contract;
c) representative office, branch of business, agency, organization is the competent licensing authority established;
d) State agencies, political organizations, social-political organizations, social-political organizations, social organizations, social-professional organizations;
non-governmental organizations), international organizations in Vietnam;
e) career organization was established under the provisions of the law;
g) Office of foreign project or of international organizations in Vietnam;
h) Executive Office of the foreign investors in business cooperation contracts or of foreign contractors are registered to operate under the rule of law;
I) organizations practicing lawyers in Vietnam under the rule of law;
k) cooperatives, cooperative association founded and operated under the law on cooperatives;
l) Association, business association was established under the provisions of the law;
m) business households, individuals are allowed to operate the business under the provisions of the law.
Article 3. Foreign workers who move within the enterprise, volunteers, professionals, managers, executives and technical labour 1. Foreign workers move in the enterprise internal management, Executive Directors, professionals and technical workers of a foreign enterprise has established a commercial presence on the territory of Vietnam, the temporary migration of business internal to commercial presence on the territory of Vietnam and foreign enterprises have been employed previously at least 12 months.
2. Volunteers are foreign workers working in Vietnam in the form of voluntary and not paid to implement international treaties to which the Socialist Republic of Vietnam is a member.
3. The expert was the foreign workers in one of the following cases: a) the confirmation in writing is the Agency's professionals, institutions, business in foreign countries;
b) Bachelor and above or equivalent and have at least 3 years experience working in specialized training in accordance with the position that foreign workers are expected to work in Vietnam; special case due to the Prime Minister to review the decision.
4. Managers, ceo's foreign workers in one of the following cases: a) the Manager is the Manager of business as prescribed in Clause 18 article 4 business law or is the head, deputies of the head of the agency or organization;
b) the Executive Director is the head and directly affiliated organs, organizations, enterprises.
5. technical workers who are trained in vocational-technical or other professional for at least 7 years and worked at least 3 years of specialized training.
Chapter II GRANTED the WORK PERMIT, WORK PERMIT, to EXPEL FOREIGN WORKERS HAVE NO WORK PERMIT section 1 DEFINES the USE of FOREIGN WORKERS in article 4. Use foreign workers 1. Determine the need to use foreign workers a) the employers (except contractors) are responsible for determining the need to use foreign workers for each job position that Vietnam laborers do not meet and justification with the Chairman of the provincial people's Committee , central cities (hereafter abbreviated to provincial people's Committee) where foreign workers scheduled to work. In the implementation process if the change needs foreign workers, employers must report the Chairman of the provincial people's Committee.
b) where foreign workers defined in paragraph 4, 5 and 8 Article 172 of the labor law and the point e, point h Paragraph 2 article 7 of this Decree, the employer must not make demands to use foreign workers.
2. The Chairman of the provincial people's Committee has the text approved for employers who about the use of foreign workers for each job position.
Article 5. Use foreign workers of the contractor 1. Before recruiting foreign workers, contractors are responsible for declaring the number, qualifications, expertise, experience of the foreign workers should mobilize to make packages in Vietnam and the Vietnam labour recruitment proposal on the expected work location to recruit foreign workers (with confirmation of the owner) with the Chairman of the Committee population of province level where contractors make package.
The case of the contractor that needs adjusting, additional employees have been declared, the owner must confirm the adjusted approach, additional labour demand needs use of foreign contractors.
2. The Chairman of the provincial people's Committee directs agencies, local organizations to introduce, supply workers to Vietnam for contractors. Within a maximum of 12 months from the date of receiving the proposal to recruit 500 workers from Vietnam and over and 12 months from the date of the offer below the 500 workers to Vietnam without introduction or supplying workers to Vietnam was for the contractor, the Chairman of the provincial people's Committee to consider , decided the contractors hired foreign workers on the job placement workers recruited not Vietnam.
3. The owner is responsible for monitoring, require the contractor to comply has content Declaration on the use of Vietnam laborers and foreign workers; Guide, supervise contractors performing inspection regulations on recruitment, use foreign workers working for contractors in accordance with the law; track and manage foreign workers perform the provisions of the law of Vietnam; every report, the Department of labor, invalids and Social Affairs on the State of employment, use and management of foreign workers by the contractor according to the regulations of the Ministry of labor, invalids and Social Affairs.
4. Hang you, Department of labor, invalids and Social Affairs in collaboration with the police and the relevant authorities to check the implementation of the provisions of the law of Vietnam for the foreign workers work in the package due to contractors bidding on the make.
Article 6. The report used foreign workers 1. Recurring annually or extraordinarily upon request, provincial people's Committee has the responsibility to report the Ministry of labor, invalids and Social Affairs on the need to use foreign workers, needs to approve the use of foreign workers and the management situation of foreign laborers to work on the area.
2. Periodically, every 6 months and each year, the Department of labor, invalids and Social Affairs is responsible for reporting on foreign workers working on the area under the guidance of the Ministry of labor, invalids and Social Affairs.
Section 2 FOREIGN WORKERS NOT LABOR LICENSE article 7. The case of foreign workers not labor license 1. Foreign workers specified in clause 1, 2, 3, 4, 5, 6, 7 and 8 Article 172 of the labor law.
2. in The case of other foreign workers not subject to an licensing workers, including: a) move in the internal businesses of the range 11 service sectors in Vietnam's service commitment to the World Trade Organization, including: business, information, construction, distribution, , education, environment, finance, health, tourism, culture and recreation and transportation;
b) in Vietnam to provide advisory services and technical expertise or perform other tasks serving the research work, build, assess, track reviews, manage and implement programs and projects using official development assistance sources (ODA) as specified in the agreement or the international treaties on ODA has signed between the authorities control of Vietnam and foreign countries;
c) Is the Foreign Ministry granted a license to operate in Vietnam, press-information pursuant to law;
d) Is the Agency of the foreign organization to Vietnam taught, studied at the international school in the management scope of diplomatic representative offices abroad or international organizations in Vietnam or the Ministry of education and training on teaching endorsements, study at educational institutions training in Vietnam;

DD) volunteers certified by the diplomatic missions or international organizations in Vietnam;
e) Into Vietnam to work in the position of professionals, managers, executives or technical workers have time working under 30 days and time carried no more than 90 days in 1 year;
g) in Vietnam made the international agreement that the Agency held in Central, provincial level concluded under the provisions of the law;
h) students, students who are studying at schools, training facilities abroad have internship agreement in the organs, organizations, enterprises in Vietnam;
I) family members of foreign representative offices in Vietnam after the Foreign Ministry to be licensed, unless the international treaties to which the Socialist Republic of Vietnam is a member otherwise;
k) the Passport service to work for State agencies, political organizations, social-political organizations;
l) other cases decided by the Prime Minister on the advice of the Ministry of labor, invalids and Social Affairs.
Article 8. Confirmation of foreign workers not labor license 1. The Department of labor, invalids and Social Affairs has the authority to confirm foreign workers not subject to license.
2. The employers suggested the Department of labor, invalids and Social Affairs where foreigners work expected to confirm foreign workers not belonging to an earlier labor license at least 7 working days from the date of the foreign workers started to work, except in the case prescribed in clause 4 Article 172 of the 5 Accounts, labor law and point e clause 2 article 7 of this Decree.
The deadline to confirm foreign workers not licensed labor not exceeding 2 years and according to the time limit of one of the circumstances specified in article 11 of this Decree.
3. recommended records confirm license not labour, including: a) the proposed text confirms that foreign workers not labor license;
b) list quoted foreign workers on par with content: last, first; age; gender; nationality; Passport number; the start date and end date of employment; job placement of workers abroad;
c) papers to prove that foreign workers not labor license;
d) proof of foreign workers not subject to an licensing work is 1 snapshot attached original to collate or authenticated copies, 1st if of foreign consular legalized free then, but be translated into Vietnamese and certified in accordance with the law of Vietnam.
4. within 10 working days from the date of receipt of the recommended profiles confirmed enough not to grant work permit, the Department of labor, invalids and Social Affairs has confirmed sending text to the employers. The case did not confirm there is text answers and stating the reason.
Category 3 LICENSE the LABOR article 9. Labor licensing conditions 1. Has the capacity for civil acts fully in accordance with the law.
2. Have a fit with the job requirements.
3. Is managers, executives, professionals or technical workers.
4. Is not the offender or arrested save for criminal liability in accordance with the law of Vietnam and foreign laws.
5. Is approved in writing by the competent State agencies on the use of foreign workers.
Article 10. Records suggest the labor permit 1. Writing grant proposal of the work permits of employers under the provisions of the Ministry of labor, invalids and Social Affairs.
2. the health certificate or health agency, the competent health authorities of foreign countries or Vietnam's level of value within a period of 12 months from the date of signing of the conclusion to health submission date.
3. Slip the criminal or the text confirm that foreign workers are not criminals or suffer prejudice criminal liability of foreign countries. The case of foreign workers already resident in Vietnam then just slip the criminal by Vietnam.
Slip the criminal or the text confirm that foreign workers are not criminals or prejudice criminal liability is granted not more than 6 months from the date of grant to the filing date.
4. Text prove to be managers, executives, professionals or technical labour for a number of occupations, work, writing to prove your level of technical expertise of foreign workers to be replaced with one of the following documents: a) recognized artisans Paper for those traditional industries by the competent bodies of foreign countries;
b) documents proving the experience of Foreign soccer player;
c) By air transport aircraft by the competent authorities of Vietnam granted for foreign pilots;
d) aircraft maintenance licence by the competent authorities of Vietnam granted for foreign workers to do the job of ship maintenance bay.
5.2, color photographs (4 cm x 6 cm in size, white background, on the view, head to the ceiling, no glasses color), photo taken not more than 6 months as of the filing date.
6. certified copies of passports or valuable papers instead of passports or valuable papers in international travel is also a value under the provisions of the law.
7. The papers relating to the foreign workers a) for foreign workers under the provisions of point b paragraph 1 article 2 of this decree must have documents of foreign enterprises to work in the commercial presence of foreign enterprises on the territory of Vietnam and text prove foreign workers were foreign businesses that recruit When working in Vietnam for at least 12 months;
b) for foreign workers as defined in article 2 Point c of paragraph 1 of this decree must have the contract or the agreement signed between the Vietnam and the partner countries, which must have the agreement of the foreign workers work in Vietnam;
c) for foreign workers as defined in article 2 paragraph 1 d of this decree must have the service provider contracts signed between Vietnam and the counterparts abroad and text prove foreign workers already working for foreign enterprises has no commercial presence in Vietnam are at least 2 years;
d) for foreign workers as defined in article 2 paragraph 1/e this Decree to have the text of the service provider sent workers abroad into Vietnam to negotiate to provide services;
DD) for foreign workers as defined in point e article 2 paragraph 1 of this decree must have the certificate of the foreign non-governmental organizations, international organizations are allowed to operate under the provisions of the law of Vietnam;
e) for foreign workers under the provisions of point h paragraph 1 article 2 of this decree must have text of the service provider sent workers abroad into Vietnam to establish commercial presence of the service provider;
g) for foreign workers as defined in article 2 paragraph 1 i of this decree that participated in operation of foreign enterprises have established commercial presence in Vietnam must have written proof of foreign workers are involved in the operation of foreign enterprises.
8. recommended profiles labor license for some special cases, a) for foreign workers have been issued permits and force that work for other employers in the same position in work permits according to the provisions of the law, the records suggest the labor license include paperwork rules in the 1, 5, 6 and 7 of this Article and the work permit or a copy certified work permit has been issued;
b) for foreign workers have been issued permits and force that do other job placement in work permit under the provisions of the law but did not change the user profile, then the labor proposal labor license include the papers specified in clause 1 , 4, 5, 6 and 7 of this Article and the work permit or a copy certified work permit has been issued;
c) for foreign workers has been granted work permits but expire according to the provisions of article 174 of the labour code which needs to keep working the same job position was recorded in the work permit under the provisions of the law, the records suggest the labor license include the papers specified in clause 1 , 2, 3, 5, 6 and 7 of this Article and the confirmation text has revoked the license of labour;
d) where foreign workers at points a, b and c of this paragraph has been granted work permits in accordance with Decree No. 102/2013/ND-CP on 5th September 2013 from the Government detailing the implementation of a number of articles of the labor code of foreign workers working in Vietnam must have written proof to meet the requirements under the in clause 3 or paragraph 4 or Paragraph 5 of article 3 of this Decree.
9. Legal Consul, attested the papers a) the papers specified in paragraphs 2, 3 and 4 of this Article are 1 a taken attached original to collate or 1 copies are attested.
If the papers on to their foreign legal Consul, except where exempted consular legalized under international treaties to which the Socialist Republic of Vietnam and foreign countries involved are members or under the principle of reciprocity or in accordance with the law; translated into Vietnamese and certified in accordance with the law of Vietnam.
b) the papers according to the provisions in clause 7 this is 1 snapshot attached original to collate or authenticated copies, 1st if of foreign consular legalized free then, but be translated into Vietnamese and certified in accordance with the law of Vietnam.
Article 11. The duration of the work permit term of work permits granted under the term of one of the following circumstances but not so 2 years: 1. The term of the labor contract signing is expected;
2. The time limit foreign election party foreign workers to work in Vietnam;

3. Duration of the contract or the agreement signed between Vietnam and foreign partners;
4. Duration of contract or service provider agreement signed between Vietnam and foreign partners;
5. The time limit stated in the text of the service provider sent workers abroad into Vietnam to negotiate to provide services;
6. The time limit has been specified in the certificate of the foreign non-governmental organizations, international organizations are allowed to operate under the provisions of the law of Vietnam;
7. Time limit in the text of the service provider sent workers abroad into Vietnam to establish commercial presence of the service provider;
8. The time limit in the text demonstrated foreign workers are engaged in activities of a foreign enterprise has established commercial presence in Vietnam.
Article 12. Labor licensing process 1. At least 15 working days from the date of the expected foreign workers started working for the employer, then the employer must grant proposal submission work permit to the Department of labor, invalids and Social Affairs where foreign workers scheduled to work.
2. within 7 working days from the date of receiving the application licensing proposal of labor, the Department of labor, invalids and Social Affairs issued work permits for foreign workers according to the model by the Ministry of labor, invalids and social regulations. Cases not permit labour text answers and stating the reason.
3. for foreign workers as defined in art. 1 article 2 of this Decree, after the foreign workers are granted work permits the employers and foreign workers must sign labor contracts in writing in accordance with the labor law before Vietnam planned to work for the employer.
Within 5 working days from the date of signing of the employment contract, the employer must send a copy of the labor contract was signed to the Department of labor, invalids and Social Affairs has issued work permits.
4-entry PERMITS BACK to article 13. The case granted leave permits 1. Longer term work permit is lost, damaged, or changed the content recorded in the work permit, except in the case prescribed in clause 8 article 10 of this Decree.
2. longer term work permits for at least 10 days but not more than 45 days.
Article 14. Recommended records re-issued work permit 1. Writing grant proposals back to the work permit of the employer under the provisions of the Ministry of labor, invalids and Social Affairs.
2.02-lined photo (4 cm x 6 cm in size, white background, on the view, head to the ceiling, no glasses color), photo taken not more than 6 months as of the filing date.
3. Work permits have been granted a) case of lost work permit under the provisions of article 13 paragraph 1 of this decree must then be certified by the police of Vietnam or township level competent authorities of foreign countries according to the provisions of the law;
b) where content changes on the work permit under the provisions of article 13 paragraph 1 of this Decree, it must have the proof;
c) where work permits longer time limit for at least 5 days but not more than 45 days prescribed in clause 2 article 13 of this decree must have health certificates or health prescribed in item 2 article 10 of this Decree and one of the papers specified in Clause 7 article 10 of this Decree;
d) where foreign workers have been granted work permits in accordance with Decree No. 102/2013/ND-CP on 5th September 2013 from the Government detailing the implementation of a number of articles of the labor code of foreign workers working in Vietnam must have written proof to meet the requirements as specified in paragraph 3 or paragraph 4 or Paragraph 5 article 3 of this Decree.
4. Documents specified in Clause 3 of this article are 1 a taken attached original to collate or authenticated copies, 1st if of foreign consular legalized free then, but be translated into Vietnamese and certified in accordance with the law of Vietnam.
Article 15. The order granting leave permits 1. The case granted leave permits as specified in clause 2 article 13 of this Decree shall at least 5 days but not more than 45 days before the date of expiry of the work permit, the employer must submit grant proposals back to the work permit for the Department of labor, invalids and Social Affairs has issued work permits.
2. within 10 working days from the date of receipt of the recommended records reissued enough permits, the Department of labor, invalids and Social Affairs granted leave permits. Cases not granted leave permits then have text answers and stating the reason.
3. for foreign workers as defined in art. 1 article 2 of this Decree, after foreign workers granted leave permits the employers and foreign workers must sign labor contracts in writing in accordance with the labor law before Vietnam planned to continue working for employers action.
Within 5 working days from the date of signing of the employment contract, the employer must send a copy of the labor contract was signed to the Department of labor, invalids and Social Affairs has granted leave permits it.
Article 16. The duration of the work permit to be granted back. The duration of work permits granted under the provisions of article 13 paragraph 1 of this decree by the duration of the work permit was granted minus the time foreign workers have worked up to now suggest the labor license again.
2. The duration of the work permit issued under clause 2 article 13 of this Decree under the term of one of the circumstances specified in article 11 of this Decree, but not more than 2 years.
Section 5 REVOCATION of WORK PERMITS, EXPULSION of FOREIGN WORKERS article 17. Revocation of permits 1. Work permits expire in accordance with clause 1, 2, 3, 4, 5, 7 and 8 Article 174 of the labour code.
2. Work permit revoked by the employer or the foreign workers do not comply with the provisions of this Decree.
3. The order to revoke a work permit) for cases prescribed in paragraph 1 of this article the employers withdraw work permits of foreign workers to submit back to the Department of labor, invalids and Social Affairs has issued work permits;
b) for cases stipulated in item 2 of this Article, the Director of the Department of labor, invalids and Social Affairs has granted the work permit decision to withdraw and notify the employer to recover the work permits of foreign workers and the Department of labor, invalids and Social Affairs;
c) the Department of labor, invalids and Social Affairs has confirmed in writing to revoke work permits submitted the employers.
4. The Ministry of labour, invalids and Social Affairs detailing the procedure for revocation of work permits.
Article 18. Expulsion of foreign workers 1. Foreign workers working in Vietnam do not have work permits or without confirmation text not labor license under the provisions of this Decree (hereinafter abbreviated to foreign laborers working in Vietnam do not have work permits) be expelled in accordance with the law of Vietnam.
2. The Department of labor, invalids and Social Affairs suggested the police expulsion for cases of foreign workers working in Vietnam do not have work permits.
Organizational and individual cases detected of foreign workers working in Vietnam do not have work permits shall notify the Department of labor, invalids and Social Affairs, where the person is working.
3. Within 15 working days from the date of determination of foreign workers working in Vietnam do not have work permits, the Department of labor, invalids and Social Affairs suggested the police expulsion of foreign workers there.
Chapter III the TERMS of the IMPLEMENTATION of article 19. Effect 1. The Decree has effect as from April 1, 2016.
2. Decree No. 102/2013/ND-CP on 5th September 2013 from the Government detailing the implementation of a number of articles of the labor code of foreign workers working in Vietnam; Section 4 point a resolution No. 47/NQ-CP dated 8 July 2014 of the Government most effective since the date this Decree is in effect.
3. the transitional provisions a) for papers include: documents on the use of foreign workers, the confirmation text not license the labor and work permits has been granted according to the regulations, in Decree No. 102/2013/ND-CP on 5th September 2013 from the Government detailing the implementation of a number of articles of the labor code on foreign workers working in Vietnam, then continued to use till expiry.
b) where the employer has submitted justification needs foreign workers; recommended records, reissued work permits or confirmation of foreign workers not to license the previous labor day Decree this effect is made in accordance with the provisions of Decree No. 102/2013/ND-CP on 5th September 2013 from the Government detailing the implementation of a number of articles of the labor code on the foreign workers work in Vietnam.
Article 20. Responsibility 1. The Ministry of labor, invalids and Social Affairs is responsible for: a) guiding the implementation of this Decree;
b) implement approved needs foreign workers; confirmed not labor license; level, level back labor license; revocation of permits; confirmed work permits revoked and suggested the police expulsion of foreign workers working in Vietnam had no work permits for foreign workers to work for the employers specified in points d, e, f, g and 1 item 2 article 2 of this Decree;
c) direction, the urge, and inspect the implementation of the provisions of the law on foreign workers to work in Vietnam.
2. The Ministry of public security is responsible for:

a) guidance on jurisdiction, the procedure for the expulsion of foreign workers working in Vietnam do not have work permits;
b) guide the granting of visas for foreign workers relating to the granting, to work permit; confirmed not labor license;
c) periodically every provided information on foreign workers to be granted a visa to work for the Agency, organization, enterprises to the Ministry of labor, invalids and Social Affairs.
3. The Ministry of finance is responsible for guidance on fee levels, level permits, confirm not license the labor for the cases specified in point b of Paragraph 1 of this article.
4. Ministry of industry and commerce is responsible for base guidance, procedures for identifying foreign workers move internally within 11 business service sectors in Vietnam's service commitment to the World Trade Organization.
5. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.