Pursuant to the law on organization of the Government of 25 December 2001;

The labor code base on 23 June 1994; Law on amendments and supplements to some articles of the labor code on 02 April 2002; Law on amendments and supplements to some articles of the labor code on June 29, 2006;

Considering the recommendation of the Minister of labor, invalids and Social Affairs, the DECREE: article 1. Modifying, supplementing a number of 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 as follows: 1. additional points l and m item 2 article 1 as follows: "l) Association, business association was established under the provisions of the law of Vietnam;

m), individual business households and business are the competent authorities allow operations under the provisions of the law of Vietnam. "

2. additional amendments clause 2 and 3 article 4 as follows: "2. the registration records of foreigners: foreigners filed 02 (two) sets record for the employers, a set by the user and a management labor to employers who do the procedure suggested the labor license. Each profile will include: a) the vote registration of alien workers according to the form prescribed by the Ministry of labor, invalids and Social Affairs;

b) criminal record Votes by the competent authority of the country where the alien resides abroad when to Vietnam. Alien cases currently resides in Vietnam from enough 06 (six) months or more then just vote by the Department of criminal justice where foreigners are residing;

c) health certificate issued abroad or the health certificate was issued in Vietnam according to the regulations of the Ministry of health;

d) certificates of qualification, high-tech foreigners.

For some occupations, jobs, certification of qualification, high-tech foreigners can replace it with the following documents:-certificate of recognition as traditional trades artisans by the competent body of the foreign grants for foreigners is the traditional trades artisans.

-A confirmation or the work permit or the labor contract that at least 5 (five) of experience in the profession, in operating the production, management, and consistent with the position that the alien is expected. A confirmation at least 5 (five) by the above-mentioned experience enterprises, the Agency held that aliens have been working to confirm.

-A listed football clubs that the player has competed and must have the certificate of the club that the player has participated in previous matches against football player.

-Driver's air transport aircraft by the competent authorities of Vietnam granted for foreign pilots.

-Aircraft maintenance licence by the competent authorities of Vietnam granted for alien aircraft maintenance work.

-In other cases prescribed by the Prime Minister.

DD) 3 (three) color photos (3 cm x 4 cm in size, head to the ceiling, shot, clear face, clearly the two ears, no glasses, white picture fonts), images taken not more than 6 (six) months from the time the alien filing.

3. for the documents specified in point b, c and d of paragraph 2 of this Article which is in a foreign language must be translated into Vietnamese and notarized in accordance with the law of Vietnam. "

3. Amendments, supplements a paragraph 4 Article 4 as follows: "a foreign national) before at least 30 (thirty) days, the employer must inform the worker recruitment needs in Vietnam on the projected recruitment jobs positions foreigners on at least 1 (one) of the Central newspaper and at least 1 (one) of the local newspapers by one of the forms is reported written, reports say, newspaper or electronic newspaper about the content: the number of vacancies, job positions, professional level, salaries and other earnings, work conditions and some other content if the employer requests.

The case for employers who recruit foreigners through job referral organization or alien cases in Vietnam to work in the international arena in the scope of management of the diplomatic representative offices abroad, the intergovernmental international organizations in Vietnam are not to notify the national labor needs on the Central and local newspapers under defined above. "

4. Amendments, supplements article 5 paragraph 4 as follows: "4. The foreigner must prepare the papers prescribed in points b, c, d and DD item 2 article 4 of this Decree."

5. Amendments, supplements paragraph 3 article 6 as follows: "3. The foreigner must prepare the papers prescribed in points b, c, d and DD item 2 article 4 of this Decree."

6. Supplement Article 6a after article 6 as follows: "Article 6a. Foreigners in Vietnam to make bids or projects of foreign contractors were awarded in Vietnam 1. In the process of establishment of the bid, the required profile, the investor must content regulations on the use of Vietnam laborers and foreigners in accordance with the law, in which the right of priority to use the Vietnam workers perform jobs that Vietnam workers capable of performing. The case of package needed to use alien expertise consistent with the requirements of the package in the bid, the profile required to prescribe foreign contractors have used foreigners include: job placement, number, qualifications, experience, job execution time.

2. Tenders, records of foreign bidders must have used the Vietnam workers and foreigners at the request of the owner.

3. When making the contract, foreign bidders have to make right the contents stated in the tender dossier, suggestions on the use of Vietnam laborers and foreigners. Foreign contractors are responsible for the report and recommendations in writing to the Chairman of the provincial people's Committee, the central cities, where foreign contractors make bids or project has awarded about recruiting workers above Vietnam, including: job placement, the number , qualification, experience, duration of work.

The proposal to recruit employees of foreign contractors in Vietnam must be accompanied by a confirmation of the investor on employers has been declared in the tenders, records suggest. The case of foreign contractors in need of adjustments, additional employees were identified in tenders, records suggest, then the owner must confirm the adjusted approach, additional labour demand needs use of foreign contractors.

4. The Chairman of the provincial people's Committee, central cities are responsible for directing bodies, related institutions to introduce, supply workers to Vietnam for contractors overseas. In the maximum period of 60 (sixty) days, for the proposal to recruit 500 workers from Vietnam and 30 (thirty) days, for the proposal selection under 500 workers to Vietnam without introduction or supplying workers to Vietnam are for foreign contractors as suggested above, the Chairman of the provincial people's Committee the central cities, review, the decision allows foreign contractors hired foreigners to positions not work labor is Vietnam.

5. foreign contractors to do the suggested procedure for licensing foreign labor for labor in Vietnam under the provisions of the law before the foreigners to work in Vietnam.

6. The owner is responsible for guiding, urging foreign contractors test, implement regulations on recruitment, use foreigners working for the contractor in accordance with the law of Vietnam; tracking and managing foreigners in the implementation of the provisions of the law of foreign contractors in Vietnam; every report the Department of labor, invalids and Social Affairs on the recruitment situation and management of foreigners in foreign contractors are the responsibility of the owner as specified by the Ministry of labor, invalids and Social Affairs.

7. every recurring, Department of labor, invalids and Social Affairs is responsible for coordination with the public security organs and relevant bodies to check the implementation of the provisions of the law of Vietnam for foreigners working in the project, by foreign contractor package winning bid. "

7. Amendments, supplements article 8 paragraph 3 as follows: "3. The foreigner must prepare the papers prescribed in points b, c, d and DD item 2 article 4 of this Decree."

8. additional point h, i, k, l and m of article 9 paragraph 1 as follows: "h) alien head offices, head of the project office or foreigners held on foreign non-governmental representative mandate for operations in Vietnam;

I) alien moves within the enterprise, in the scope of the service industry in Vietnam's service commitment to the World Trade Organization's 11 service sectors including: business services; information services; construction services; distribution services; educational services; environmental services; financial services; medical services; tourism services; Cultural Services recreation and transportation services;

k) foreigners 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 signed between ODA relevant authorities of Vietnam and foreign countries;

l) foreigners were the Foreign Ministry granted a license to operate in Vietnam, press-information pursuant to law;

m) other circumstances as stipulated by the Prime Minister. "

9. Amendments, supplements article 9 paragraph 3 as follows: "3. the suggested profile labor license: a) for foreigners are issued work permits for the first, the profile includes:


-Writing labor license proposal of the employers, the Vietnam partner or representative of a foreign non-governmental organizations under the model regulations of the Ministry of labor, invalids and Social Affairs;

-The papers of foreigners and the relevant text: + for foreigners are employed in the form of labour contract must have the papers specified in clause 2 4 of this Decree and the text to prove the employer announced the need to recruit workers to Vietnam on the projected recruitment jobs positions foreigners according to the specified in point a paragraph 4 Article 4 of this Decree.

+ For foreigners internal migration business must have the papers specified in point b, c, d and DD item 2 article 4 of this Decree and the enclosed text of the foreign business people abroad to work in the commercial presence of foreign enterprises on the territory of Vietnam.

+ For the alien prescribed in points c and d of paragraph 1 article 1 of this decree must have the papers specified in point b, c, d and DD item 2 article 4 of this Decree and accompanied by the contract signed between the Vietnam and the partners abroad.

+ For alien specified in point e article 1 paragraph 1 of this decree must have the papers prescribed in points b, c, d and DD item 2 article 4 of this Decree and certificate of foreign non-governmental organizations are allowed to operate under the provisions of the law of Vietnam.

+ Foreigners in Vietnam to make bids or projects of foreign contractors were awarded in Vietnam according to the provisions of Article 6a of this decree must have the papers prescribed in points b, c, d and DD item 2 article 4 of this Decree; for foreigners are recruited after the contractor has bid to have more labor sign votes as stipulated in art. 2 article 4 of this Decree and the approval of the Chairman of the provincial people's Committee, the city of centrally prescribed in paragraph 4 to Article 6a of this Decree.

b) for foreigners who have been granted work permits, records including:-proposed text licensed employees of the employers, the Vietnam partner or representative of a foreign non-governmental organizations under the model regulations of the Ministry of labor, invalids and Social Affairs;

-The papers of foreigners and the relevant text: + for foreigners who have been granted work permits and force that needs to work for another business in the same location of the recorded work in the work permit must be 3 (three) color photo as defined in clause 2 article 4/e points this Decree and the work permit has been issued or a copy of work permit has been granted.

+ For foreigners who have been granted work permits and force that needs another job position has scored in the work permit to have the papers prescribed in points c, d and DD item 2 article 4 of this Decree and was granted a work permit or a copy of work permit has been granted.

+ For foreigners who have been granted work permits but expired or disabled wishing to work for another business in the same location of the recorded work in work permits must have papers according to the provisions in point c and item 2 article 4 of this Decree and was granted a work permit or a copy of work permit has been granted. "

10. Amendment 5 article 9 paragraph b the following: "b) within a period of 10 (ten) days counted as working days from the date of receipt of application suggest a valid labour permit, the Department of labor, invalids and Social Affairs to grant work permits to foreigners. Cases not permit workers to have to answer in writing and clearly state the reason. "

11. Removal of point c paragraph 5 article 9.

12. Modify, Supplement 6 article 9 clause as follows: "6. for foreigners working in Vietnam as stipulated in paragraph 1 of this article, the employer, the Vietnam partners, non-governmental organization representative abroad must make the report before 7 (seven) days from the date the alien begins work with the Department of labor, invalids and social geography method where foreigners often quoted horizontal list work on alien with content: name, age, nationality, passport number, start date and end date of work, location of work of foreigners.

For the objects specified in points a, b, c and d of paragraph 1 of this article, they must submit the papers of foreigners specified in b, c, d and DD item 2 article 4 of this Decree and must ensure the conditions specified in paragraph 1, 2, 3 and 4 of article 3 of this Decree.

For the objects specified in point dd, e, g, h, i, k, l and m clause 1 of this article, the term list report excerpt about the previous alien par at least 7 (seven) days since the day the foreigners started work. "

13. Amendments, supplements a clause 2 article 10 as follows: "a) for foreigners who work in the form of labor contracts, including:-writing the proposal to renew the work permit of the employers according to the form prescribed by the Ministry of labor, invalids and Social Affairs;

-A copy of the contract of apprenticeship was signed between Vietnam labor to replace the jobs that foreigners are kept according to the regulations of the Ministry of labor, invalids and Social Affairs;

-A copy of employment contract;

-Work permit has been granted. "

14. Amendments, supplements article 10 paragraph 4 as follows: "4. The order to renew the work permit: a) Before at least 10 (ten) days but not more than 30 (thirty) days from the date of expiry of the work permit, the employers, the partner Vietnam to apply the proposal to renew the work permit for the Department of labor, invalids and Social Affairs has granted work permit it.

b) within a period of 10 (ten) days counted as working days from the date of receipt of application proposed the extension of valid work permits, the Department of labor, invalids and Social Affairs to renew work permits. Case of non-renewal of work permits have to answer in writing and clearly state the reason. "

15. Amendments, supplements article 11 as follows: "article 11. Reissued work permits 1. The case of reissuing work permit: a work permit);

b) broken labor license;

c) change in passport number, place of work items on the work permit has been granted.

2. the recommended records re-issued work permit: a) the suggested text level work permits of foreigners according to the form prescribed by the Ministry of labor, invalids and Social Affairs, which must explain clearly the reasons for lost, broken, change passport number, place of work and must be certified by the employer the partners, Vietnam;

b) work permit has been granted in cases stipulated in points b and c of paragraph 1 of this article.

3. The duration of the work permit was granted leave by the time of the work permit was granted minus the time foreigners have worked up to now suggest the labor license again.

4. The order granting leave work permit: a) within a period of 3 (three) days counted as working days from the date of the alien discovered work permit is lost, broken, change in passport number, place of work items on the work permit has been issued, the alien shall report the employer the partners, Vietnam, representatives of non-governmental organizations abroad. The employers, the Vietnam partners, non-governmental organization representative abroad must notify the Department of labor, invalids and Social Affairs, which has granted work permits for foreigners regarding the work permit is lost, broken, change in passport number, place of work items on the work permit. Within a period of 30 (thirty) days from the date the work permit is lost, broken, change in passport number, place of work items on the work permit, the employers, the Vietnam partners, non-governmental organization representatives overseas must submit grant proposals back to the work permit for the Department of labor, invalids and Social Affairs where was labor license that;

b) within a period of 3 (three) days counted as working days from the date of receipt of the recommended records reissued enough permits, the Department of labor, invalids and Social Affairs to grant work permit again. Cases not permit to have to answer in writing and stating the reason ".

16. Amendments and supplements article 14 paragraph 3 as follows: "3. Foreigners working in Vietnam, except the object prescribed in clause 1 article 9 of this Decree, which has not been granted work permits should petition the labor license under the provisions of this Decree. After 6 (six) months from the date of the Decree has effect, if foreigners working in Vietnam without a work permit or has not submitted the suggested profile labor permit regulations, the Department of labor, invalids and Social Affairs suggested public safety agency forced immigration or expulsion under the provisions of the law. "

17. additional Article 15a following article 15 as follows: "article 15a. The responsibility of the Ministry of public security 1. Directs and guides the police authority: a) visa for foreigners after it was granted a work permit, work permit or renewal granted leave permits.

b) does not grant visas to foreigners working in Vietnam before being granted work permit or work permit expired or disabled, except the object prescribed in clause 1 article 9 of this Decree.

Not renew the staying, forced immigration or expulsion for foreigners working in Vietnam before being granted work permit or work permit expired or disabled, except the object prescribed in clause 1 article 9 of this Decree.

2. Hosted, in cooperation with the Ministry of labor, invalids and Social Affairs guidelines, procedures to send the list of foreigners granted work permits, renewal of work permits and work permit reissuance of the Department of labor, invalids and Social Affairs for the Immigration Agency as defined in clause 2 Article 17 of this Decree.


3. Guidelines on competence, order and apply base profile and suggest penalties forced immigration or expulsion for foreigners without work permits after receiving the recommendations of the Department of labor, invalids and Social Affairs. "

18. additional Article 16a after article 16 as follows: "article 16a. The responsibility of the Ministry of industry and trade Guide, base sequence, procedure to determine the object's internal migration of foreign businesses in the service sector in Vietnam's service commitment to the World Trade Organization's 11 service sectors referred to in point i, paragraph 1 article 9 of this Decree. "

19. the additional clause 2 amendments to article 18 as follows: "2. implementation license renewal, labour work permits and work permits reissued under the provisions of this Decree and to submit the list of foreigners granted work permits, work permits and renewals granted leave permits for immigration authorities to check out and check in entry level card for foreigners working in Vietnam. "

20. additional item 7 article 19 as follows: "7. Annually, the employers must register national needs and to use alien in writing including: quantity, qualifications, experience, salary, work time (start and end) for each job position with the Department of labor, invalids and Social Affairs as prescribed by the Ministry of labor, invalids and Social Affairs. Case change needs foreigners, employers must be registered in writing additional recruitment needs and use the alien before the 30 (thirty) days from the date the employer notice of the need to recruit foreigners.

The Department of labor, invalids and Social Affairs is responsible for the synthesis report, recruitment needs and use the alien as defined by the Ministry of labor, invalids and Social Affairs. "

21. Amendments, supplements article 20 paragraph 1 as follows: "1. for foreigners is the wife, husband of the person enjoying diplomatic immunity privileges, consular work for enterprises, held in Vietnam to have the agreement between Vietnam and related water permits unless Vietnam signed the Treaty or agreement otherwise.

Profile, sequence and licensing procedures of labor for the wife, husband mentioned above follow the regulations of the Ministry of labor, invalids and Social Affairs and the Ministry of Foreign Affairs.

For foreign students, students who are studying at schools, training facilities abroad to Vietnam during the enterprise, agency, organisation, the enterprise, agency, organisation got students, student interns to report according to the regulations of the Ministry of labor, invalids and Social Affairs. "

Article 2. Effect 1. The Decree has effect as from October 1, 2011.

2. 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.