Circular 03/2014/tt-Bldtbxh: Guide The Implementation Of A Number Of Articles 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 V

Original Language Title: Thông tư 03/2014/TT-BLĐTBXH: Hướng dẫn thi hành một số điều của Nghị định số 102/2013/NĐ-CP ngày 05 tháng 9 năm 2013 của Chính phủ quy định chi tiết thi hành một số điều của Bộ luật Lao động v

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Pursuant to Decree No. 106/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;

Pursuant to Decree 102/2013/ND-CP dated 10 September 2013 from the Government detailing the implementation of a number of articles of the labor code of foreign workers working in Vietnam;

At the suggestion of Director of Department of employment;

Minister of labor, invalids and Social Affairs issued a circular guiding the implementation of a number of articles 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 of foreign workers working in Vietnam (Decree No. 102/2013/ND-CP on May 9, 2013 of government regulation in detail the implementation of some articles of the labor code of foreign workers working in Vietnam the following abbreviated as Decree No. 102/2013/ND-CP).

Chapter I GENERAL PROVISIONS article 1. Scope and object the application scope and objects of this circular is to scope and object to apply the provisions of article 1 and article 2 of Decree No. 102/2013/ND-CP.

Article 2. Explanation of terms 1. Service providers under contract specified in point d article 2 paragraph 1 of Decree No. 102/2013/ND-CP is foreign workers working at least 2 years (24 months) in a foreign enterprise has no commercial presence in Vietnam and must meet the conditions for "expert" as defined in paragraph 3 of article 3 of Decree No. 102/2013/ND-CP.

2. foreign workers work in the form of selling services specified in point 1 of article 2 Paragraph Ridin Decree No. 102/2013/ND-CP is not foreign workers living in Vietnam and do not receive remuneration from any source in Vietnam, participating in activities relating to the representation for a service provider to negotiate consumption outbreaks service provider, with conditions that are not sold directly to that service to the public and is not directly involved in providing the service.

3. Managers, the Executive Director specified in point i, paragraph 1 article 2 of Decree No. 102/2013/ND-CP of foreign workers is directly involved in the management of the Organization, the business involves directing the organisation, enterprise or subsidiary business organizations; monitor and control the work of the professional staff, staff Manager or other supervisory staff.

Chapter II DEFINES the LOCATION of the WORK USED FOREIGN WORKERS article 3. The need to use foreign workers 1. At least 30 days from the date the employer (except constructors) is expected to recruit foreign workers, the employer must report the award according to the provisions in clause 1 article 4 of Decree No. 102/2013/ND-CP on the need to use foreign workers, including : job placement, number, qualifications, experience, salary, work time and submitted directly to the Department of labor, invalids and Social Affairs Department, central cities (hereafter abbreviated as the Department of labor, invalids and Social Affairs) where employers headquartered under the model No. 1 attached to this circular.

2. The employers has been approved to use foreign workers that has changed the demand for foreign workers must then submit directly to report your award to adjust, adding at least 30 days of expected new recruit, recruit, or recruits to replace foreign workers with the Department of labor, invalids and Social Affairs where the user Labor headquarters according to the model No. 2 attached to this circular.

3. The Department of labor, invalids and Social Affairs announced the approval to use foreign workers to each employer according to the model No. 3 attached to this circular within 15 days of receiving the report explanation or justification additional needs adjustment, use foreign workers of the employer.

Article 4. The need to use foreign workers of contractors to offer Vietnam workers on the job is expected to recruit foreign workers as defined in paragraph 3 article 5 of Decree 102/2013/ND-CP, then at least 2 months for proposal to recruit 500 workers from Vietnam and at least 12 months for the proposal selection under 500 workers to Vietnam, the contractor is responsible to send the proposal directly or via postal mail to the Chairman of the provincial people's Committee where contractors make bids after the confirmation of the investor regarding the approval to use foreign workers under the denominator 4 attached to this circular.

The case of the contractor that needs adjusting, adding the number of foreign workers has been determined in the tender, records suggest, then the owner must confirm on the approved methods to adjust, additional needs foreign workers should use of contractors under model number 5 attached to this circular and before recruiting foreign workers under the scheme additional adjustment, then the contractor must perform the work proposed to recruit workers to Vietnam on the location of the work expected to recruit foreign workers as defined in this article.

Chapter III article 5 LABOR LICENSE. Recommended records issued work permits papers specified in paragraph 1, paragraph 3, clause 4, Clause 5 and Clause 8 article 10 of Decree 102/2013/ND-CP, guides as follows: 1. The text proposed for licensing of workers who employers prescribed in clause 1 article 10 of Decree 102/2013 issued under model number 6 attached to this circular.

2. Text validation is not the offender or prejudice criminal responsibility stipulated in paragraph 3 article 10 of Decree 102/2013/ND-CP, do the following: a) the case of foreign workers already resident in Vietnam must have criminal record Votes by national level criminal cases or are residing in Vietnam must have the votes Criminal Justice Department by provinces and cities under central government level and the confirmation text is not the offender or prejudice criminal liability under the provisions of the law of foreign countries by the competent bodies of foreign countries;

b) where foreign workers have never been resident in Vietnam must have written confirmation is not the offender or prejudice criminal liability under the provisions of the law of foreign countries by the competent authority of the foreign grants.

3. Text validation is managers, executives, professionals or technical labour provisions in clause 4 Article 10 of Decree 102/2013/ND-CP, do the following: a) for foreign workers as managers, the Executive Director must have one of the following documents :-the proof is managers, Executive Directors, including: work permits or employment contract or appointment decision have determined that foreign workers were employed in management positions, Executive Director;

-Certificate managers, Executive Director of the Agency, organization, enterprises that foreign workers that have worked to confirm.

b) for foreign workers are professionals, they must have one of the following documents: – proof of foreign workers are qualified engineers, Bachelor or above or equivalent and have at least 5 years of work in specialized training in accordance with the position that foreign workers are expected to work in Vietnam;

-The text is validated by professional bodies, competent organizations or enterprises in foreign countries.

c) for foreign workers is the technical workers must have the following documents: – proof or documents of the Agency, the competent organizations or enterprises in foreign countries about the job was the technical training with duration of at least 1 year;

-Proof of at least 3 years of work in vocational-technical training in accordance with the position that foreign workers are expected to work in Vietnam.

4. Written approval to use foreign workers according to the provisions in clause 5 article 10 of Decree 102/2013/ND-CP was informed by the Department of labor, invalids and Social Affairs on the job are the people's Committee Chairman granted the approval to use foreign workers or the text of the Chairman of the provincial people's Committee decided the contractors hired foreign workers on the job placement workers recruited not Vietnam.

5. Documents of proof prescribed in point a, point c and point g, Paragraph 8 article 10 of Decree 102/2013/ND-CP is one of the following documents:-the labour contract;

-The text of the employers;

-The decision to recruit foreign workers;

-Certificate of tax or insurance of the foreign workers.

Article 6. Work permit 1. Samples of work permits as specified in clause 2 article 12 of Decree 102/2013/ND-CP, guides as follows: a) Protocol permits: permits the size A4 (21 cm x 29.7 cm), consists of two pages: page 1 has a blue, plastic-coated; page 2 has a white background, blue pattern, in between there are star-shaped.

b) content of work permits under model number 7 attached to this circular.

2. Work permit by the Department of employment in the Ministry of labor, invalids and Social Affairs organized the printing and released.

Article 7. The case granted leave permits 1. Work permit is lost, broken.

2. Change the content recorded on the work permit granted: last, first; day, month, year of birth; nationality; Passport number; location work.

Location of work items on the work permit is the address where the foreign workers work. Change work items on the work permits of foreign workers is to be sent, or seconded to work full time at a branch, representative office or other facility of the employers in the same province, central cities.

Article 8. Recommended records re-issued work permit


The papers specified in clause 1, article 14 paragraph 3 of Decree 102/2013/ND-CP, guides as follows: 1. The text proposed to the person's work permit employers to the provisions in article 14 paragraph 1 of Decree 102/2013 issued under model number 8 attached to this circular.

2. Papers on file grant proposals back work permits for foreign workers to work in the form of employment contract specified in point b of article 14 paragraph 3 of Decree 102/2013/ND-CP include: work permit has been granted (except lost) longer term of at least 5 days but not more than 15 days , before the work permit has been granted expires; health certificate prescribed in item 2 article 10 of Decree 102/2013/ND-CP; written notice of the Department of labor, invalids and Social Affairs on the job are the people's Committee Chairman granted the approval to use foreign workers or the text of the Chairman of the provincial people's Committee decided the contractors hired foreign workers on the job placement workers recruited not Vietnam.

3. For cases of lost work permit prescribed in paragraph 3 article 14 of Decree 102/2013/ND-CP, the foreign worker must have text explanations and be the employer confirmed.

Article 9. The duration of the work permit is granted, the duration of the leave granted work permits granted under the provisions of article 11 of Decree 102/2013/ND-CP, issued under the provisions of article 16 of Decree 102/2013/NĐ-CP dated but not too the time limit in the text approved by the Chairman of the provincial people's Committee on the use of foreign workers or not too time limit in the text of the Chairman of the provincial people's Committee decided the contractors hired foreign workers on each job placement workers recruited not Vietnam.

Article 10. The text is not reply licensed labor, not to permit the absence of labor license prescribed in clause 2 article 12 of Decree 102/2013/ND-CP, not granted leave permits prescribed in paragraph 3 article 15 of Decree 102/2013/ND-CP, the Department of labor, invalids and Social Affairs replied to the employers under model number 9 released attached to this circular.

Article 11. Confirmation of foreign workers not labor permit confirmation of foreign workers not labor license prescribed in clause 2 article 8 of Decree 102/2013/ND-CP, guides as follows: 1. The employers send text directly to the Department of labor, invalids and Social Affairs on the recommendations acknowledge the workers In addition to licensing not labour under the form of 10 attached to this circular.

2. The Department of labor, invalids and Social Affairs confirmed in foreign workers or not labor under the licensing model No. 11 attached to this circular.

Chapter IV IMPLEMENTATION article 12. The responsibilities of the Chairman of the provincial people Committee 1. Directed the local authorities organized propaganda, common law; test, inspection and process violated the provisions of legislation on recruitment and management of foreign workers working on the area.

2. Directs the agencies, local organizations to introduce, supply labour Vietnam for contractors.

3. Approves the location of the work that the employers are recruiting foreign workers; Affairs of the Department of labor, invalids and Social Affairs reception, General, evaluation of the Chairman of the provincial people's Committee on the need to use foreign workers and announced the approval of the Chairman of the provincial people's Committee to individual employers.

4. decision allowing contractor hired foreign workers on each job placement workers recruited not Vietnam.

Article 13. The responsibility of the Department of labor, invalids and Social Affairs 1. Advocacy organisation, disseminating the provisions of the law of Vietnam and labor guidelines, procedures, licensing records, reissuing work permits to businesses, organizations, investors, contractors and foreign workers.

2. The Organization made the introduction, supplying workers for the employer or contractor under the provisions of the law.

3. Reception, General, evaluators need to use foreign workers on each job placement in the local people's Committee Chairman granted the consent and notified in writing on each work position is used for foreign workers by employers as approved by the Chairman of the provincial people's Committee.

4. labor permit, work permit, again confirms not licensed employees. When receipt of grant proposals, work permit work permit re-issuance, validation not licensed must labor on form No. 12 as attached to this circular and have a receipt given to the employers. In the receipt must specify day, month, year of receipt; the papers are in the profile and the time limit for the reply. Records suggest the labor permit, granted leave permits as stipulated by law.

5. test, inspection of the implementation of the provisions of national legislation and management of foreign workers working in Vietnam of the use of local labour.

6. Perform the recovery work permit prescribed in clause 2 article 17 of Decree 102/2013/ND-CP.

7. periodic reports: a) before June 5 monthly inform the police of the province, the city directly licensing situation of labor under model number 13 attached to this circular.

b) quarterly reports to the Ministry of labor, invalids and Social Affairs on foreign workers working in the province, the city form 14 attached to this circular before December 10, the first of the next quarter.

c) six months earlier, on July 15, and annually, prior to May 15 of the next year 1 reports the Ministry of labor, invalids and Social Affairs on the situation of foreigners working in enterprises, agencies, local organizations managed under model number 15 attached herewith;

8. The application of information technology in the management of labor, licensing and reissuing work permits for foreign workers to work in Vietnam.

Article 14. The liability of the employer 1. The correct implementation of the provisions of the law of Vietnam on foreign workers to work in Vietnam.

2. Instructions, provided for the foreign workers law Vietnam's regulations on foreign workers to work in Vietnam.

3. Do the procedures suggested labor permit, work permit, again confirms not labor permit for foreign workers to work in Vietnam.

For foreign workers has been granted work permits but are sent, or seconded to work full time in a province, another city with the province, the city where foreign workers are working or doing other work for the position of employers shall make labor license as defined in section 3 of Decree 102/2013/ND-CP.

4. Pay the labor permit, granted leave permits as stipulated by law.

5. Fully implementing the labor contract signed with foreign workers working in the enterprise, organized under the provisions of the law; send a text message about the signing of labor contracts attached a copy of the labor contract was signed to the Department of labor, invalids and Social Affairs where was labor permit for foreign workers.

6. Management profile and regularly updated, additional papers relating to foreign workers working in the enterprise, organization.

7. Managing foreign laborers working in the enterprise, organization.

8. within 10 days of the currency back for the work permit specified in clause 1 article 17 of Decree 102/2013/ND-CP of foreign workers, the employers have a responsibility to submit directly to the Department of labor, invalids and Social Affairs where labor license. The case did not gain work permit must be reported in writing and stating the reason.

9. periodic reports: a) the employers to make periodic reporting, 6 months ago on July 5 and annually, prior to December 5, the next year of the Department of labor, invalids and Social Affairs where the employers headquartered, project implementation, implementation of package about the use of foreign workers under 16 promulgated attached to this circular;

b) foreign workers were granted work permits but are sent, or seconded to work at a branch, representative office or other facility of the employers that in and outside the city, with the deadline for at least 10 days in 1, or at least 30 days 1 year in incremental, then the employer must written notice on working time, job placement of foreign workers to work in the city, and enclose a copy of work permit has been issued to the Department of labor, invalids and Social Affairs where foreign people to work.

Article 15. The responsibility of the owner 1. The monitoring organization, ask the Contractor made the right content was committed in tenders, records suggest about the use of Vietnam laborers and foreign workers when performing the contract.

2. Guide the urge, check the Contractor made the 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; quarterly reports to the Department of labor, invalids and Social Affairs on the use of foreign workers by the contractor in the form of 16 attached herewith before June 5, the first of the next quarter.

Article 16. The responsibility of foreign workers


1. study the provisions of the law of Vietnam on foreign workers to work in Vietnam, preparing the papers in the record to suggest the labor permit, records suggest the labor license again.

2. implementation of the provisions of the law on employment and management of foreign workers working in Vietnam and other related regulations.

3. within 10 days of the foreign workers work permits revoked as prescribed in clause 1 article 17 of Decree 102/2013/ND-CP, the foreign worker must pay back that work permits for the employers.

Article 17. Effect 1. This circular is effective from October 10, 2014.

2. This circular replaces circular No. 31/2011/TT-BLDTBXH on 03/11/2010 of the Ministry of labor, invalids and Social Affairs guidelines for implementing a number of articles of Decree No. 34/2008/ND-CP dated 25 March 2008 and the Government's Decree No. 46/2010/ND-CP on January 17, 2011 the Government's modification supplement some articles of Decree No. 34/2008/ND-CP dated 25 March 2008 of the Government regulations on recruitment and management of foreigners working in Vietnam.

3. The registered employers recruiting needs and the use of foreign workers by 2014 under the provisions of Clause 7 article 19 of Decree No. 34/2008/ND-CP dated 25 March 2008 of the Government has modified, added and Paragraph 10 article 14 of circular No. 31/2011/TT-BLDTBXH on 03/11/2010 of the Ministry of labor, invalids and Social Affairs before 1 June 11, 2013, the Department of labor, invalids and Social Affairs General, evaluation and reporting people's Committee Chairman granted the province to review the decision.

In the process if there are obstacles, the proposal reflects on the Ministry of labour, invalids and Social Affairs to guide timely addition./.