IT ' S SMART

Instructions to implement some of the provisions of the Digital Protocol 102 /2013/NĐ-CP

September 5, 2013 the Government rules out the details of certain things.

The Labor Code of Foreign Labour works in Vietnam.

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Base of Protocol 106 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Labor-Trade and Social Affairs;

Base of Protocol 102 /2013/NĐ-CP September 5, 2013 of the Government regulates the implementation of several provisions of the Labor Code of Foreign Labour working in Vietnam;

At the suggestion of the Director of the Bureau of Employment;

Minister of Labor-Trade and Social Affairs issued a guidate of the implementation of some of the provisions of the Digital Protocol 102 /2013/NĐ-CP September 5, 2013 by the Government Regulation the implementation of some of the provisions of the Labor Code of Foreign Labour working in Vietnam (US Digital Protocol). 102 /2013/NĐ-CP September 5, 2013 of the Government Regulation details the implementation of several articles of the Labor Code of Foreign Labor working in Vietnam the following is abbreviated as Decree No. 1. 102 /2013/NĐ-CP).

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

The scope of the adjustment and subject applicable to this Smart is the scope of regulation and subject applicable regulations at Article 1 and Article 2 of the Digital Protocol. 102 /2013/NĐ-CP.

What? 2. Explain the word

1. The service provider under the contract stipulated at Point D 1 Article 2 of the Digital Protocol. 102 /2013/NĐ-CP is workers of foreign workers who work for at least 02 years (24 months) in a foreign business that has no commercial presence in Vietnam and must meet the conditions for "experts" under regulation at paragraph 3 Article 3 of the U.S. Census. 102 /2013/NĐ-CP.

2 . Foreign workers work in the form c ... The sale of the service regulation at the point of clause 1 Article 2 of the Digital Decree 102 /2013/NĐ-CP is Foreign workers do not live in Vietnam and do not receive remunation from any source in Vietnam, engaging in activities related to the representation of a service provider to negotiate the consumption of that supplier's service, with the condition of the service. not directly selling that service to the public and not directly involved in the service offering.

3. The manager, executive director of regulation at Point 1 Section 1 Article 2 of the Digital Protocol 102 /2013/NĐ-CP is the direct foreign worker to participate in the management in the organization, the business includes the direction of the organization, the business or unit subordinated to the organization, that business; monitoring and controlling the work of the professional staff, the management staff. Or the other supervising agent.

Chapter II

DEFINE THE JOB LOCATION USED

THE FOREIGN WORKER

What? 3. The need to use foreign workers

1. Before at least 30 days from the day the employer (except the contractor) expected the hiring of foreign workers, the employer must report the procedure as prescribed at Clause 1 Article 4 of the United States Census. 102 /2013/NĐ-CP of the need to use foreign workers, including: position of work, number, level of expertise, experience, salary, work time, and direct submission to the Department of Labor-Trade and Social Affairs, the Central City of Central (after this). It ' s written off. Labor-Trade and Social Affairs ) where employers are based on their own headquarters. Number 1 This is an executive order.

2. The employer has been approved to use the foreign worker that changes the need to use the foreign worker, which must submit directly to the regulatory process report, the addition to at least 30 days from the date of the new draft, the recruitment. add or recruit to replace foreign workers with the Department of Labor-Trade and Social Affairs where employers are based on their own headquarters in the country. Number 2 This is an executive order.

3. The Department of Labor-Trade and Society announced the approval of the use of foreign workers to each employer in accordance with Sample number three. This message is issued for 15 days from the date of receiving the report or report of the regulator, adding the need to use the employer of the employer.

What? 4. The need to use the contractor ' s foreign workers

The proposal to recruit Vietnamese workers to the positions of work is expected to recruit foreign workers. according to the Rule 3 Article 5 of the Digital Decree 102 /2013/NĐ-CP Before at least 02 months of a proposal from 500 Vietnamese workers to go up and before at least 1 month to the election of 500 Vietnamese workers, the contractor was responsible for sending a direct offer or a post office to the Chairman of the Committee. the provincial population where the contractor makes the bid after a confirmation of the investment holder on the approval of the use of foreign workers in accordance with the Sample number four. This is an executive order.

Where the contractor has the need to adjust, the addition of the number of foreign workers has determined in the bids, the proposed record, the owner of the investment must confirm the approval of the regulatory approach, the addition of the required foreign labor needs of the contractor. Sample number five. It was accompanied by this message, and before the hiring of foreign workers, the contractor added, the contractor had to make a proposal to recruit Vietnamese workers into positions that were expected to recruit foreign workers. regulation at this.

Chapter III

LEVEL OF LABOR PERMIT

What? 5. File to issue a labor permit

The papers stipulate in Clause 1, Clause 3, Clause 4, Clause 5 and Clause 8 102 /2013/NĐ-CP, the instructions for the execution are as follows:

1. The text offer the employment license issued by the employer of regulation at paragraph 1 Article 10 of the digital decree 102 /2013/NĐ-CP Follow. Model 6. This is an executive order.

2. The confirmation text is not a offender or is in charge of the prescribed criminal responsibility at paragraph 3 Article 10 of the Digital Protocol 102 /2013/NĐ-CP, It ' s as follows:

a) The case of foreign labourers who have resided in Vietnam must have a legal calendar case issued by the National Judicial Center for Justice or Cases residing in Vietnam to have a judicial of judicial reasoning issued by the Department of Justice, the city's subordinated city. The Central Committee and the text confirmed not to be guilty or be prosecuted for criminal responsibility under the regulation of foreign law due to the authority of the foreign authority of the foreign country;

b) The case of non-resident foreign workers in Vietnam must have a written confirmation that is not a criminal or be prosecuted for criminal responsibility under the provisions of foreign law due to the authority of the foreign authority.

3. The confirmation text is the manager, chief operating officer, expert or technical worker stipulated at Section 4 Article 10 of the Digital Protocol. 102 /2013/NĐ-CP, It ' s as follows:

a) For foreign workers who are managers, executives must have one of the following papers:

-The proof paper is the manager, executive director of: a labor permit or a labor contract or an appointment decision that identifies the foreign worker who has worked as a manager, managing director;

-The document identifies as the manager, the chief executive, the agency, the business that the foreign worker has ever worked on.

b) For foreign workers, there must be one of the following papers:

-The proof paper is that foreign workers have a degree of engineer, bachelor or equivalent, and have at least 05 years of professional training in accordance with the position of work that foreign workers are expected to work in Vietnam;

-The confirmation text is the expert due to the agency, the organization with jurisdiction or business abroad recognized.

c) For foreign workers who are skilled workers, there must be the following papers:

-Certificate of proof or confirmation text of the agency, the organization with jurisdiction or business abroad on the matter. has been trained in engineering with a time of at least 01 years;

-The proof paper spent at least three years working in a trained engineering specialty in accordance with the position of work that foreign workers are expected to work in Vietnam.

4. The approval text uses foreign workers by regulation at paragraph 5 Article 10 of the Digital Protocol. 102 /2013/NĐ-CP is the announcement of the Department of Labor-Trade and Social Affairs on the position of the job approved by the chairman of the Provincial People 's Committee on the use of foreign workers or the text of the chairman of the Provincial People' s Committee deciding the contractor was employed by the employer. It ' s foreign to work on the job of not hiring Vietnamese workers.

5. Text of Regulation at Point a, Point c and Point 8 Article 10 Decree No. 8 102 /2013/NĐ-CP is one of the following papers:

-The labor contract.

-The user's confirmation text;

-The decision to recruit foreign workers;

-Certificate of tax payment or insurance by foreign workers.

What? 6. Labor license

1. Form of the work permit in accordance with Article 2 Article 12 of the Digital Protocol 102 /2013/NĐ-CP, the instructions for the execution are as follows:

a) the format of the work permit:

The work permit has the size of A4 (21 cm x 29.7 cm), consisting of two pages: page 1 is blue, plastic glave; page 2 has a white background, blue flowers, in the middle of a star shape.

b) The contents of the work permit in accordance with Sample number 7. This is an executive order.

2. Labor license issued by the Department of Employment-Trade and Social Affairs organized in print and issued a unified release.

What? 7. Labor license-level cases

1. The labor permit is missing, broken.

2. Change the contents of the issued labour license: surname, name; date, month, year of birth; nationality; passport number; work site.

The working site on the work permit is the address where foreign workers work. Changing the work address on the work permit is that foreign workers are sent, moved, or detached to work whole time at the branch, representative office or other facility of employers in the same province, the city. It's the Central Committee.

What? 8. The record offers to grant a labor permit

Paragraph 1, paragraph 3 Article 14 Protocol 102 /2013/NĐ-CP, the instructions for the execution are as follows:

1. The text offers to grant the employment license of the employer stipulated at paragraph 1 Article 14 digital decree. 102 /2013/NĐ-CP Follow. Figure 8 This is an executive order.

2. Papers in the filing offer to grant a labor license to foreign workers working in the form of a regulatory contract stipulated at Point b 3 Article 14 Digital Protocol No. 3. 102 /2013/NĐ-CP include: labour permits have been issued (except the lost case) for at least 5 days but no more than 15 days, before the date of the labor permit has been granted expired; the prescribed health certificate at Section 2 Article 10 of the Digital Protocol. 102 /2013/NĐ-CP; The announcement text of the Department of Labor-Trade and Social Affairs on the position of work is approved by the chairman of the Provincial People 's Committee on the use of foreign workers or the text of the chairman of the Provincial People' s Committee who decides the contractor ' s hiring. Foreign workers in job positions do not recruit Vietnamese workers.

3. For the case of a lost labor license at Clause 3 Article 14 Digital Protocol 102 /2013/NĐ-CP then the foreign worker must have a written document and be confirmed by the employer.

What? 9. The duration of the labor permit is issued, issued.

The duration of the employment permit is granted under the regulation at Article 11 of the number 102 /2013/NĐ-CP, It ' s issued by regulation at Article 16 of the number. 102 /2013/NĐ-CP but it 's not too late in the approval text of the Chairman of the Provincial People' s Committee on the use of foreign workers or not too long in the text of the Chairman of the Provincial People 's Committee deciding the contractor' s hiring was hired. The foreign service in every position of employment was not recruited by Vietnamese workers.

What? 10. The reply text does not issue a labor permit, not granting a labor permit.

The case does not issue a specified labor permit at paragraph 2 Article 12 of the Digital Protocol 102 /2013/NĐ-CP, does not grant a specified labor permit at paragraph 3 Article 15 Digital Protocol 102 /2013/NĐ-CP then the Department of Labor-Trade and Society responded to the employer according to Sample nine. This is an executive order.

What? 11. Confirification of foreign workers not under the employment license level.

The confirmation of the foreign worker is not part of the regulatory permit issued in Clause 2 Article 8 of the Census 102 /2013/NĐ-CP, the instructions for the execution are as follows:

1. The employer sends a text directly to the Department of Labor-Trade and Social Affairs on the offer to confirm that foreign workers are not part of the employment license issued by law. Sample number 10. This is an executive order.

2. The Department of Labor-Trade and Social Affairs confirmed the foreign labourers belonging to or not under the employment license level. Sample number 11. This is an executive order.

Chapter IV

THE ORGANIZATION.

What? 12. The responsibility of the Chairman of the Provincial People ' s Committee

1. Directed the local authorities to organize propaganda, disseminate the law; check, inspect and dispose of the violation under the law of law on the hiring and management of foreign workers working on the site.

2. Command the agencies, the organization of the local refereit, the Vietnamese labor supply to the contractor.

3. Accept the work positions that employers are recruited to be employed by foreign workers; communicate. The Department of Labor-Trade and Social Affairs received, in aggregate, the appraisal of the Chairman of the Provincial People's Committee on the need to use foreign workers and to announce the approval of the Chairman of the Provincial People's Committee to each of the employers.

4. Decided to allow the contractor to be recruited by foreign workers in each position of the job not to recruit Vietnamese workers.

What? 13. Responsible for the Department of Labor and Social Affairs

1. The propaganda organization, disseminalization of the provisions of Vietnamese labor law and the direction of sequencing, procedure, the filing of employment permits, the granting of labor licenses to businesses, organizations, investment owners, contractors and workers of foreign workers on the site. The table.

2. The organization does the introduction, labor supply to the employer or contractor by the rule of law.

3. Take, aggregate, appraisal of the need to use foreign workers to each position of job at the site of the Chair of the Provincial People ' s Committee approved and written by the written notice of each job position used by the state labourers. In addition to each employer by the approval of the Chairman of the Provincial People's Committee.

4. Level of labor permits, reissuing of labor license, validation not under the employment license level. When the filing of a labor permit grant, the licensing of the labor license, the validation is not part of the labor license level required by the tracking book. Number 12 It is issued with this message and has the receipt for the employer. In the receipt must specify the date, month, year of receipt; the papers are in the filing and the reply deadline. The filing offers a labor permit, granting a labor permit under the rule of law.

5. Check out the implementation of legislation on the recruitment and management of foreign workers working in Vietnam by employers on the site.

6. Make the recall of employment permit under regulation at paragraph 2 Article 17 Digital Protocol 102 /2013/NĐ-CP.

7. recurring report:

a) Before the May 05 weekly notice for the Provincial Public, the Central City of the Central Committee on the Employment Licensing situation. Sample 13. This is an executive order.

b) A quarterly report to the Ministry of Labor-Trade and Social Affairs on foreign workers working in the province, the city according to Template Number 14 issued with this message before the first 10 months of the next quarter.

c) A six-month term, prior to July 15 and every year, before 15 January of the next year reporting the Ministry of Labor-Trade and Social Foreign Affairs working at businesses, agencies, organizations on the board of management in accordance with the following: Sample number 15. issued by this message;

8. Application of information technology in management and licensing of labor permits, granting employment permits to foreign workers working in Vietnam.

What? 14. The employer ' s responsibility

1. Make sure the regulations of Vietnamese law on foreign labor work in Vietnam.

2. Guide, provide workers abroad the provisions of Vietnamese law on foreign workers working in Vietnam.

3. Make the procedure for the granting of a labor permit, the granting of a labor permit, the confirmation not subject to the employment license level for foreign workers working in Vietnam.

For foreign workers who have been granted a labour permit but are sent, operated or detached to work the whole time in a province, the city is different from the province, the city where the foreign worker is working or as a different job position. for employers to do the employment license issued in accordance with Section 3 of the Digital Decree. 102 /2013/NĐ-CP.

4. Blisters for the employment of a labor permit, granting a labor license under the rule of law.

5. Full implementation of the labor contract that has signed with foreign workers working at the business, held in accordance with the rule of law; send a notification text on the signing of the labor contract with a copy of the signed labor contract. The Department of Labor-Trade and Social Affairs has issued employment permits to foreign workers.

6. Profile management and regularly updated, supplematuation of documents related to foreign workers working at the business, organization.

7. Manage foreign workers working at the business, organization.

8. In the 03-day period since the date of the return of the labor permit to the specified cases at Clap 1 Article 17 Digital Protocol 102 /2013/NĐ-CP of the foreign worker, who employs the employer responsible for submitting directly to the Department of Labor-Trade and Social Affairs at the level of the labor permit. In the absence of a work permit, it must be reported in writing and stating the reason.

9. recurring report:

a) The employer makes a six-month period reporting regime, before July 5 and every year, before the January 05, the next year on the Department of Labor and Social Affairs where employers are headquartered, implementing the project, carrying out the package. We ' re going to have a contract for the use of foreign workers. Sample number 16. issued by this message;

b) Foreign workers have been granted a labour permit but are sent, moved, or sent to work at the branch, representative office or other premises of the employer in and outside the province, the city with the minimum term of at least 10 days. For a month or at least 30 days plus a one-year community, the employer must inform the writing of the work time, the job position of foreign workers to work in the province, the city, and with a copy of the work permit. has been granted with the Department of Labor-Trade and Social Affairs where foreigners come to work.

What? 15. Private investment

1. The monitoring organization, which requires the contractor to perform the right content committed in the bids, the profile proposes on the use of Vietnamese labourers and the foreign labourers upon the implementation of the contract.

2. Guided’ s guidance on the contractor to implement the regulations on recruitment, use of foreign workers working for the contractor in accordance with the rule of law; track and management of foreign workers making the provisions of the Vietnamese law. South; report in the quarter to the Department of Labor-Trade and Social Affairs on the situation to use foreign workers of contractors by the Sample number 16. issued with this message before the first 5 months of the next quarter.

What? 16. The responsibility of foreign workers

1. Study of the provisions of Vietnamese law on foreign workers working in Vietnam, preparing papers in the filing of a labor license issue, the filing of a proposal to grant a labor permit.

2. Make the regulation of the law on recruitment and management of foreign workers working in Vietnam and other regulations that are relevant.

3. In the 02 days period since the day the foreign worker was revoked by the prescribed labor permit at Clause 1 Article 17 digital decree. 102 /2013/NĐ-CP The foreign worker must submit that labor permit for the employer.

What? 17.

1. This message has been in effect since March 10, 2014.

2. This information replaces the Digital 31 /2011/TT-BLTBXH 03/11/2011 of the Ministry of Labor-Trade and Social Affairs enforced some of the provisions of the Digital Protocol. 34 /2008/NĐ-CP March 25, 2008 by the Government and the digital decree 46 /2011/ND-CP June 17, 2011 by the Government amended, adding some of the provisions of the Digital Protocol. 34 /2008/NĐ-CP March 25, 2008, the government provides for the recruitment and management of foreigners working in Vietnam.

3. The employer registered the need for recruitment and the use of foreign workers in 2014 as prescribed at Clause 7 Article 19 of the Digital Protocol. 34 /2008/NĐ-CP March 25, 2008 Government of the Government amended, complementary and Section 10 Article 14 of the Digital Information 31 /2011/TT-BLTBXH 03/11/2011 of the Ministry of Labor-Trade and Society prior to 1 November 2013 the Department of Labor-Trade and Social Affairs aggregate, the appraisal and report of the Chairman of the Provincial People's Committee reviewed, decided.

In the course of execution if there is an entangrium, the offer reflects on the Ministry of Labor-Trade and Society for guidance, timely addition of ./.