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Circular 8/2008/tt-Bldtbxh: Guide The Implementation Of A Number Of Articles Of Decree No. 34/2008/nd-Cp Of The Government Regulations On Recruitment And Management Of Foreigners Working In Vietnam

Original Language Title: Thông tư 08/2008/TT-BLĐTBXH: Hướng dẫn thi hành một số điều của Nghị định số 34/2008/NĐ-CP của Chính phủ quy định về tuyển dụng và quản lý người nước ngoài làm việc tại Việt Nam

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CIRCULAR guiding the implementation of 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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the implementation of Decree No. 34/2008/ND-CP dated 25 March 2008 of the Government regulations on recruitment and management of foreigners working in Vietnam (here written as Conference No. 34/2008/ND-CP), Ministry of labor, invalids and Social Affairs guide as follows: i. object and scope: the object and scope of this circular are foreigners working in Vietnam and enterprises, held in Vietnam had used the alien as defined in article 1 of Decree No. 34/2008/ND-CP particular, the following: 1. Foreigners working in Vietnam according to the following form: a) perform labor contracts with enterprises, held in Vietnam under the provisions of the labour law of Vietnam;
b) move within the enterprise with commercial presence in Vietnam;
c) made the kind of economic contracts, trade, finance, insurance, banking, science and technology, culture, sports, education, health;
d) service provider;
DD) offered for sale services;
e) foreigners representing foreign non-governmental organizations are allowed to operate under the provisions of the law of Vietnam.
Foreigners working in Vietnam following the above referred to collectively as aliens.
2. enterprises, organizations have used foreigners, including: a) the business operating under the enterprise law, investment law, including:-State company operating under the State Enterprise Law 2003 currently continue to operate according to the provisions of article 166 of business law on November 29, 2005.
-Limited liability companies, joint stock companies, private businesses and partnerships have been established in accordance with the corporate law in 1999 currently continue to operate under the provisions of paragraph 1 to article 170 of the enterprise law on November 29, 2005.
-Businesses have foreign capital was granted the investment license under the law on foreign investment in Vietnam, including: + business venture;
+ 100% foreign-owned enterprises;
+ Company invested abroad was established under Decree No. 38/2003/ND-CP on 15/4/2003 by the Government on the transition some business for foreign capital to operate in the form of joint-stock companies;
+ Project in the form of business cooperation contracts have been granted investment licenses, certificates of investment under the provisions of the law on foreign investment in Vietnam.
b) contractors (main contractors, sub-contractors) a foreign contractor in Vietnam;
c) representative office, branch of the Organization of the economy, trade, finance, insurance, banking, science and technology, culture, sports, education, health;
d) The social-political organization, social-political organization-career, social organizations, civil society organizations-career; non-governmental organizations;
DD) The business units of the State;
e) medical facilities, culture, education, sports (including the base established by the corporate law, investment law), including:-The sports facilities are established and operate in accordance with the law on physical education, sports;
-The schools, centers, foundations of education, vocational training, established and operating pursuant to the law on education, vocational training and labour law;
-The hospitals, the Institute has a hospital bed, Medical Center, medical stations, social disease prevention centre, the Centre for preventive medicine, therapeutic farm and medical institutions are established and operate in accordance with the law of Vietnam health;
-The culture is established and operating in accordance with the law of Vietnam.
g) Office of foreign or international projects in Vietnam;
h) Executive Office of the business side of the foreign business cooperation contract in Vietnam;
I) organizations practicing lawyers in Vietnam under the provisions of the law of Vietnam;
k) cooperative, the cooperative established Nations, operate according to cooperative Law.
These enterprises, stated the following organizations known collectively as the employers.
II. Recruitment and management of foreigners working in Vietnam 1. Record registration of alien workers under item 2 article 4 of Decree No. 34/2008/ND-CP is defined as follows: a) the vote registration of alien workers according to the model No. 1 attached herewith;
b) criminal record Votes by the competent authority of the country of which the alien resided before coming to Vietnam. Alien cases currently resides in Vietnam from over, 06-enough just slips by the Criminal Justice Department of the province, the city of Vietnam where foreigners are granted residency.
c) résumé by foreigners as model No. 2 attached to this circular and the alien's photo.
d) health certificate issued abroad or the health certificate was issued in Vietnam by Vietnam Ministry of health regulations;
DD) copy the certificate about qualification, high technique of foreigners including the university diploma, masters degree, PhD, professional fit the work required by the employer.
For foreigners is the traditional trades artisans or who have experience in the profession, in production, management of operating without accreditation, certification, they must have a confirmed at least 5 (five) years experience in career, in executive producer, management was competent bodies of foreign countries to confirm and match the work according to the requirements of the the use of labour.
Particularly for the football players to have a listed football clubs whose players have competed or certification of the club that the player had competed earlier sailings.
e) 03 (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.
2. About time labour recruitment needs notification under point a paragraph 4 Article 4 of Decree No. 34/2008/ND-CP is defined as follows: The reported recruitment of labor demand before labor recruitment at least 30 (thirty) days are calendar days.
For example, The employers expected on 05/5/2008 recruiting informed the workers labor recruitment is ahead on 5/4/2008.
3. labor contracts under a d clause 4 Article 4 of Decree No. 34/2008/ND-CP is defined as follows: after the foreigners were granted work permits, labour users and alien labor contracts must be in writing under the provisions of the labour law of Vietnam. Within 5 (five) days (measured in working days) from the date of delivery of the contract employees employers are responsible to submit a copy of the labor contract has entrusted to the Agency has granted work permits for foreigners.
4. The notice when foreigners to sell services under article 7 of Decree No. 34/2008/ND-CP is defined as follows: foreigners to sell the service to notify in writing (through the form sent directly, send via post, fax ...) at least 7 (seven) days (measured in working days) about whether to offer services with the Department of Labor-Veterans and local society where the alien is expected to offer services with the content name, age, nationality, passport number, start date and end date of work, specific work of foreigners.
For example, the alien intends to offer services in Hai Duong Province from 16/5/2008, the alien must be notified in writing to the Department of labor, invalids and social received before July 7/5/2008.
5. labor permit Form under item 2 article 9 of Decree No. 34/2008/ND-CP is defined as follows: a) form of work permits: permits the size 13 cm x 17 cm, 4 pages; page 1 and page 4 are green peace, plastic; page 2 and page 3 has a white background, pattern pale blue, star-shaped in the middle.
b) content of work permits, according to the No. 3 sample attached to this circular.
c) work permit by the Department of employment in the Ministry of labor, invalids and Social Affairs organized the printing and released.
6. Profile, sequence suggest labor permit under clause 3 and clause 5 article 9 of Decree No. 34/2008/ND-CP include: a) records suggest the labor permit:-proposed text licensed employees of the employer or partnership the Vietnam form 4 attached herewith;
-Profile sign of alien labor as defined in point 1 of section II of this circular.
For foreigners internal migration of enterprises as defined in point b of paragraph 1 article 1 of Decree No. 34/2008/ND-CP, the records suggest the labor license does not need to have the registration Votes labor but instead is the writing of foreign business people abroad to work in the commercial presence of foreign enterprises which on the territory of Vietnam. Which stated the time foreigners were recruited to work in foreign enterprises to.
As for the alien as defined at points c and d clause 1 article 1 of Decree No. 34/2008/ND-CP, the records suggest the labor license does not need to have the registration Votes labor but instead is the contract signed between the Vietnam and the partners abroad.
As for the alien as defined in point e of article 1 paragraph 1 of Decree 34/2008/ND-CP, the records suggest the labor license does not need to have the registration Votes labor but instead is the certificate of foreign non-governmental organizations are allowed to operate under the provisions of the law of Vietnam.
The above mentioned documents be translated into South Vietnamese and notarized.
b)-work permit:

-Before the deadline at least 20 (twenty) days (measured in working days) from the date the alien is scheduled to begin work at the enterprise, agency or organisation in Vietnam, the employers or the partner Vietnam should submit 1 (one) records suggest the labor license to the Department of Labor-Veterans and local society where the employer or partner the Vietnam closed its headquarters.
Alien cases often work as full time work for the employers or the partner Vietnam in a different province or city where the headquarters must be the main submission of the proposal to grant work permits to the Department of labor, invalids and social – in the the city, where foreigners that often work.
-Within 15 (fifteen) days (measured in working days) from the date of receipt of a valid profile enough to suggest the labor permit, the Department of labor, invalids and social workers license right to foreigners. Cases not permit workers to have to answer in writing and stating the reason.
c) received and given work permits: The employer or the Vietnam partners have a responsibility to get the work permit by the Department of labor, invalids and social level and awarded to foreigners.
7. Profile, order permits for foreigners who have been granted work permits and permits of labour force has delivered the demand more labor contracts with the other employers under point c paragraph 5 article 9 of Decree No. 34/2008/ND-CP is defined as follows : a) records suggest the labor license include:-proposed text licensed employees of the employer or partnership the Vietnam form 4 attached to this circular.
-The papers specified in point a of paragraph 1, Item II of this circular;
-03 (three) color photo (size 3 cm x 4 cm, 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;
-A copy of work permit (force).
b)-work permit, as defined in point b of paragraph 6 of section II of this circular.
c) received and given work permits, according to the provisions in point c of paragraph 6 of section II of this circular.
8. Record, the order to renew the work permit according to article 10 of Decree No. 34/2008/ND-CP is defined as follows: a) the profile recommended renewal of work permits:-writing the proposal to renew the work permit of the employers or the partner Vietnam under model number 5 attached herewith;
-A copy of employment contract must be certified by the employer or a copy of the contract signed between the Vietnam and the partners abroad.
-Permits the competent authority was granted to the alien.
b) order to extend work permits:-at least 30 (thirty) days are calendar days, from the date of expiry of the work permit, the employers or the partner Vietnam to apply the proposal to renew the work permit for the Department of labor, invalids and social workers license.
-The employers or the partner Vietnam is responsible for send 1 (one) records suggest the extension of work permits for the Department of labor, invalids and social workers license.
-Within 15 (fifteen) days (measured in working days) from the date of receipt of application proposed to renew the license of labor, the Department of labor-invalids and social have to renew work permits. Case of non-renewal of work permits have to answer in writing and stating the reason.
c) received and given work permits, according to the provisions in point c of paragraph 6 of section II of this circular.
9. Record, back order work permit under article 11 of Decree No. 34/2008/ND-CP is defined as follows: a) recommended records re-issued work permit:-application of work permits to foreigners under model number 6 attached to this circular;
-Writing grant proposals back to the work permit of the employers or the partner Vietnam under model number 7 attached herewith;
-Work permit has been granted. Case lost the alien work permit must have text explanations about lost work permit as specified in point b of paragraph 9 of section II of this circular;
-03 (three) color photo (size 3 cm x 4 cm, 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;
b)-back work permit:-within 3 (three) days (measured in working days) from the date of the alien discovered work permit is lost or corrupted, the alien must report the employer or partnership the Vietnam in writing, report content to explain clearly the reasons for lost or broken.
-Within a period of 30 (thirty) days as from the date the calendar day work permit is lost or corrupted, the employers or the partner Vietnam should grant proposal submission back to the work permit for the Department of labor, invalids and Social Affairs – where has the labor permit it.
c) received and given work permits, according to the provisions in point c of paragraph 6 of section II of this circular.
10. The report cites peer list for foreigners according to paragraph 6 article 9 of Decree No. 34/2008/ND-CP is defined as follows: for foreigners working in Vietnam not granted work permits according to the provisions in clause 1 article 9 of Decree No. 34/2008/ND-CP of the employers or the partner Vietnam must report by 8 attached to this circular and submit the papers of foreigners as defined in paragraph 6 article 9 of Decree No. 34/2008/ND-CP on the Department of labor, invalids and social headquarters.
Alien cases often work as full time work for the employers or the partner Vietnam in a province, another city where the main headquarters, the report quoted horizontal list form number 8 above for the Department of labor, invalids and social in the the city, where foreigners that often work.
11. Notification of foreign people to work under clause 3 of the article 13 of Decree No. 34/2008/ND-CP is defined as follows: When a foreigner to work in the province, central cities (not the city, which foreigners often work) from 10 (ten) days up upward or 30 (thirty) days carried out 1 (one) year, the employers the partners, Vietnam must be informed in writing about the foreigners to work, with content: name, age, nationality, passport number, the number of work permits have been granted, the start date and end date of work, work and work by foreigners and the attached snapshot of work permits have been issued to the Department of labor, invalids and social alien place to work.
12. The report cites peer list for foreigners working in Vietnam according to paragraph 1 article 20 of Decree No. 34/2008/ND-CP is defined as follows: the wife, the husband provided for in article 20 paragraph 1 of Decree No. 34/2008/ND-CP stated on's wife, husband of foreigners working at the diplomatic missions consular agencies, foreign countries, representative offices of international organizations in the United Nations system, regional organizations, the minor area.
Businesses, organizations, individuals are using foreigners to do list report cites previous horizontal 7 (seven) days (measured in working days) with the Department of labor, invalids and the local society where foreigners working under model number 8 attached to this circular.
III. Implementation 1. The responsibility of the Department of labour, invalids and Social Affairs: a) labor, licensing renewal of work permits, granted leave permits as stipulated by law. Upon receipt of request work permits, records suggest the extension of work permits, the papers suggest the labor license again right on the window track and have a receipt given to the employer or the partner Vietnam. In the receipt must specify day, month, year of receipt, the text in the profile and the time limit for the reply.
b) instructions, inspection, inspection of the implementation of the provisions of the law on employment and management of foreign workers working in Vietnam.
c) periodically every year before 15 July and 15 September 1 report on the Ministry of labour, invalids and Social Affairs (Employment Agency) licensing situation and use foreign workers to work in enterprises, agencies, local organizations, according to the sample of 10 attached to this circular.
2. The liability of the employer and the partner Vietnam in Vietnam: a) full implementation of the provisions of the law of Vietnam on recruitment and management of foreigners working in Vietnam.
b) annual recurring before July 5 and October 5, 01, report the situation to use foreign workers the first 6 months and a year ago about Department of labor-invalids and social enterprise, where local organizations headquartered or regularly operated under model number 9 attached to this circular. At the same time make unscheduled reports required by State regulators about the labor situation to use foreign workers.
c) licensing fees of labor, labor license renewal, reissuance work permit under the provisions of the provincial councils, the central cities.
3. Effect: this circular effect after 15 days from the Post Gazette.

This circular replaces circular No. 04/2004/TT-BLDTBXH DATED on 10/3/2004 of the Ministry of labor, invalids and Social Affairs guidelines for implementing a number of articles of Decree No. 105/2003/ND-CP dated 17 September 2003 from the Government detailing and guiding the implementation of some articles of the labor code on recruitment and management of foreign workers working in Vietnam; Circular No. 24/2005/TT-BLDTBXH on 26/9/2005 amending and supplementing a number of articles of circular No. 04/2004/TT-BLDTBXH DATED on 10/3/2004 of the Ministry of labor, invalids and Social Affairs guidelines for implementing a number of articles of Decree No. 105/2003/ND-CP dated 17 September 2003 from the Government detailing and guiding the implementation of some articles of the labor code on recruitment and management of foreign workers working in Vietnam.
In the implementation process if something stuck, suggest that timely reflection on Ministry of labour invalids and social research, to solve.