Decree on recruitment and management of foreigners working in Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT 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 labour code of 2002;
Pursuant to the law on investment of 29 November 2005;
Considering the recommendation of the Minister of labor, invalids and Social Affairs, the DECREE: chapter one: GENERAL PROVISIONS article 1. Scope and object to apply this decree regulating the recruitment and management of foreign workers working in Vietnam; the order of licensing procedure, labor and using labor license; responsibilities of foreigners, the employers and the State agencies in the recruitment and management of foreigners working in Vietnam.
The object of this Decree apply are foreigners working in Vietnam and enterprises, held in Vietnam have used foreigners, specifically the following: 1. Foreigners working in Vietnam according to the following form: a) the implementation of the labor contract;
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.
2. enterprises, organizations have used foreigners, including: a) the business operating under the enterprise law, investment law;
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 organizations, social organizations, social-professional organizations; non-governmental organizations;
DD) The business units of the State;
e) medical facilities, culture, education, sports are the competent authorities allows establishing;
g) Office of foreign or international projects in Vietnam;
h) Executive Office partnership party's 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.
Enterprises, the organization said on the following known collectively as the employers.
Article 2. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. Foreigners who have no citizenship law Vietnam Vietnam nationality.
2. Managers, the Executive Director is the alien directly manage foreign enterprises have established commercial presence in Vietnam, only subject to the supervision or guidance from the Board or the shareholders of the enterprise or the equivalent; business management involves directing the business or a room, Board or a subdivisions of commercial presence, monitor and control the work of the professional staff, staff Manager or other supervisory personnel, have the right to hire and fire or propose to hire, dismiss or activities of other personnel. The managers, the Executive Director does not directly perform tasks related to the supply of services for commercial presence.
3. foreign experts have expertise, high technical services, research equipment, techniques or management (include the engineer or equivalent qualified engineers; the traditional trades artisans) and who has more experience in the profession, in executive producer business and management jobs.
4. Foreigners internal migration in the business: includes managers, executives and specialists 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.
5. Alien offered services are those not 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 the consumption of services it offers, with conditions : not sold directly to that service to the public and sell people not directly involved in providing the service.
6. the service provider under the contract is foreign people working in a foreign enterprise has no commercial presence in Vietnam. These people were working for foreign enterprises has no commercial presence in Vietnam was at least 2 (two) years and must meet the conditions for "expert" as paragraph 3 article 2 above.
7. Vietnam counterparts, include: a) the legal representative of the enterprise, organization in Vietnam has signed a contract with the foreign partners to foreign service providers, offer services and make the kind of economic contracts, trade, finance, banking, insurance scientific, technical, cultural, sports, educational, medical.
b) representatives of the enterprises, the organizations have established commercial presence on the territory of Vietnam under the provisions of the law of Vietnam.
8. commercial presence is the person providing services citizenship, a move to another country, a legal personality and to provide services in that country. For example, a commercial bank to open a branch in a foreign country.
Chapter 2: RECRUITMENT and MANAGEMENT of FOREIGNERS WORKING in VIETNAM, article 3. Foreigners working in Vietnam must have the following conditions 1. Be 18 years of age;
2. Have a fit with the job requirements;
3. Is managers, executives or specialists as defined in paragraph 2 and paragraph 3 article 2 of this Decree;
For foreigners to get into medical practice, pharmacy direct, private treatment in Vietnam or working in the fields of education, vocational training must be eligible under the provisions of the law of Vietnam about medical practice, pharmacy or private vocational education.
4. No money judgment on charges of violating national security; not being prejudice criminal liability, are criminal penalty under the provisions of the law of Vietnam and foreign laws.
5. Have the work permit by the competent State agencies of Vietnam levels, except in the case of not granting work permit specified in clause 1 article 9 of this Decree.
Article 4. Recruiting foreigners working in Vietnam in the form of labour contract 1. The employers were recruiting foreigners when foreigners make sure full the conditions as defined in article 3 of this Decree to do Task Manager, the Executive Director and that Vietnam labor experts have yet to meet the needs of production, business.
2. Profile registration of alien workers: foreigners filed 02 (two) sets record for the employers, a Ministry of labor by the user management and a set of records to people who do employers sign 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 before coming to Vietnam. Alien cases currently resides in Vietnam from over, 06-enough just slips by the Criminal Justice Department of Vietnam where foreigners are residing;
c) résumé by foreigners under the model regulations of the Ministry of labor, invalids and Social Affairs;
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. 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) of experience in the profession, in the Executive producer, management was competent agencies of foreign countries;
e) 03 (three) color photo (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. The papers specified in the aforesaid records by the Agency, foreign organization or notary, certified consular legalization must be in accordance with the law of Vietnam and Vietnamese translation; translations, copies must be certified in accordance with the law of Vietnam.
4. The procedures to recruit foreigners working in Vietnam: a) before labor recruitment at least 30 (thirty) days, the employer must notify labour recruitment needs on Central or local newspaper (newspaper article, the newspaper says, quote, an electronic newspaper) about the content: the number of vacancies , work, professional level, salary, working conditions and other necessary requirements if the employers need.
The case for employers who recruit foreigners through job introduction organizations shall not inform the labour recruitment needs on Central or local newspaper under the provisions mentioned above.
b) The employer must provide adequate regulation of Vietnam laws related to the rights and obligations of foreigners in Vietnam; Foreigners have to research fully the provisions of the law of Vietnam by employers to offer, and to prepare the necessary paperwork and perform in accordance with the provisions of this Decree.

c) foreigners who want to work in Vietnam must submit the registration dossier of labor stated in paragraph 2 of this Article for the employers. The employer receives the profile registration of alien workers when the profile has full papers according to the provisions of this Decree and to do the procedure suggested the labor permit for foreigners to work in Vietnam under the provisions of this Decree.
d) When granted work permit, foreigners and employers must conduct labor contracts in writing according to the regulations of the Vietnam labour law; the employers have a responsibility to send a copy of the labor contract has entrusted to the Agency has granted work permits for foreigners. The content of employment contracts are not contrary to content was recorded in the work permit has been granted.
Article 5. Foreigners working in Vietnam to form the internal migration of business 1. Foreigners working in Vietnam as defined in point b of article 1 paragraph 1 of this Decree to have the text of the foreign business people abroad to work in the commercial presence of foreign enterprises on the territory of Vietnam and sure enough the conditions as defined in article 3 of this Decree.
2. Foreigners internal migration in the business every business has a presence on the territory of Vietnam must have at least 20% of the total number of managers, executives and professionals is the population of Vietnam. However, each foreign businesses will be allowed to have a minimum of 3 (three) managers, executives and professionals is not Vietnam.
3. Representatives of foreign enterprises have established commercial presence on the territory of Vietnam under the provisions of the law of Vietnam is responsible for providing the full range of the provisions of the law of Vietnam regarding the rights and obligations of foreigners working on the territory of Vietnam. Foreigners have to research and implement in full the provisions of the law of Vietnam due to the use of labour supply.
4. The foreigner must prepare the papers prescribed in points b, c, d, DD, e, item 2 article 4 of this Decree.
5. Representatives of foreign enterprises have established commercial presence on the territory of Vietnam do suggest labour permit for foreigners to work in Vietnam under the provisions of this Decree before foreigners to work in Vietnam.
Article 6. Foreigners in Vietnam working to implement the contract type (not contract) 1. Foreigners working in Vietnam as defined in points c and d clause 1 article 1 of this decree must ensure the conditions as defined in article 3 of this Decree and accompanied by the contract signed between Vietnam and the partners to the agreement on the foreign expatriates to work in Vietnam.
2. the partner Vietnam should have the responsibility to provide the full range of the provisions of the law of Vietnam related to the rights and obligations of foreigners. Foreigners have to research and implement in full the provisions of the law of Vietnam.
3. The foreigner must prepare the papers prescribed in points b, c, d, DD, e, item 2 article 4 of this Decree.
4. the partners, Vietnam must do the procedures suggested labour permit for foreigners to work in Vietnam under the provisions of this Decree before foreigners to work in Vietnam.
Article 7. Foreigners in Vietnam working to sell foreign service in Vietnam working as defined in article 1 paragraph 1/e points of this decree must prior notice at least 7 (seven) days when foreigners to offer services with the Department of labor, invalids and Social Affairs where local foreigners expected to sell services with content : Name, age, nationality, passport number, start date and end date of work, specific work of foreigners.
Article 8. Foreigners represent foreign non-governmental organizations are allowed to operate under the provisions of the law of Vietnam 1. Foreigners working in Vietnam as stipulated in point e of article 1 paragraph 1 of this decree must ensure the conditions as defined in article 3 of this Decree.
2. The foreigner must have the responsibility to study and implement in full the provisions of the law of Vietnam on rights and duties of foreigners in Vietnam.
3. The foreigner must prepare the papers prescribed in points b, c, d, DD, e, item 2 article 4 of this Decree.
4. Representatives of non-governmental organizations are allowed to operate under the provisions of the law of Vietnam must do the procedures suggested labour permit for foreigners to work in Vietnam under the provisions of this Decree before foreigners to work in Vietnam.
Article 9. Labor licensing 1. Foreigners working in Vietnam must have a work permit, except in the following cases: a) foreigners in Vietnam working with the time limit under the 3 (three) months;
b) the alien is a member of the limited liability company, two members;
c) foreigners is the owner of the limited liability company a Member;
d) the alien is a member of the Board of the company;
DD) foreigners in Vietnam to make selling services;
e) foreigners in Vietnam working to handle emergency cases such as: the technical situation, issues, technology complexities arise making impact or risk affecting the production, the business that Vietnam experts and foreign experts are currently in Vietnam do not handle time on the 3 (three) months then off 3 (three) months of work in Vietnam, foreigners have to do registration procedures granting work permit under the provisions of this Decree;
g) foreign attorneys were the Ministry of Justice level licensed lawyers in Vietnam under the provisions of the law.
2. The Department of labor, invalids and Social Affairs of the province, the city of centrally issued work permits for foreigners working in Vietnam according to the form prescribed by the Ministry of labor, invalids and Social Affairs.
3. The records suggest the labor permit, include: a) the suggested text licensed employees of the employers, the Vietnam partners or representatives of non-governmental organizations abroad according to the form prescribed by the Ministry of labor, invalids and Social Affairs;
b) for foreigners employed in the form of labour contract, they must have the papers specified in point a, b, c, d, DD, e, item 2 article 4 of this Decree.
c) for foreigners internal migration, the business must have the papers specified in point b, c, d, DD, e, 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.
d) for alien prescribed in points c and d clause 1 article 1 of this Decree, it must have the papers specified in point b, c, d, DD, e, item 2 article 4 of this Decree and accompanied by the contract signed between the Vietnam and the partners abroad.
DD) for alien specified in point e of article 1 paragraph 1 of this Decree, it must have the papers prescribed in points b, c, d, DD, e, 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.
4. The duration of work permits granted under the term of the labor contract is expected delivery or the duration of the election of foreign expatriates to work in Vietnam, foreigners in Vietnam do not work according to the contract, the duration of work permits granted under the contract signed between the country and Vietnam partners In addition. For foreigners representing foreign non-governmental organizations are allowed to operate under the provisions of the law of Vietnam, the duration of work permits granted under the time limit has been specified in the certificate of foreign non-governmental organizations are allowed to operate under the provisions of the law of Vietnam.
The duration of the work permit for the above must not exceed 36 (thirty six) months.
5. labor permit process: a) ahead of time at least 20 (twenty) days from the date the alien is scheduled to begin work at the enterprise, agency or organisation in Vietnam, the employers or the Vietnam partners, representatives of non-governmental organizations are allowed to operate under the provisions of the law of Vietnam to grant proposal submission work permits for the Department of labor, invalids and the local society where foreigners often work.
Cases of foreigners who do not work regularly, the records suggest the labor license filed with the Department of labor, invalids and Social Affairs where the headquarters of the employers.
b) within 15 (fifteen) days from the date of the valid profile enough to suggest the labor permit, the Department of labor, invalids and Social Affairs to grant work permits to foreigners. The case of not granting occupational must reply in writing and stating the reason.
c) for foreigners who have been granted work permits and licenses that are valid if the traffic demand more labor contracts with other employers who then records suggest the labor license include the papers specified in point a, item 2 article 4 and art. 3 article 9 of this Decree and a copy of work permit the driving force.

6. for foreigners in Vietnam work permit not labour under the provisions of paragraph 1 of article 9 of this Decree, the employer or the partner Vietnam should make the report before 7 (seven) days (from the date the alien begins work) with the Department of labor, invalids and the local society where foreigners often do the list cites the peer about foreigners, with content: name, age, nationality, passport number, start date and end date of work, the job held by foreigners, submit the papers of foreigners prescribed in points b, c, d, e clause 2 article 4 of this Decree and must ensure the conditions specified in paragraph 1 , 2, 3, 4 of article 3 of this Decree. For the objects specified in point e clause 1 of this reporting period, then the list of foreigners to the transverse excerpts within 30 (thirty) days from the date the alien begins work.
Article 10. Renewal of work permits 1. The case was renewed work permit: a) the employers had planned and trained workers to Vietnam to replace the jobs that foreigners are assumed, but Vietnam workers have yet to be replaced and that foreigners are not being disciplined labor as defined in point b , point c paragraph 1 to article 84 of the labour code has been amended and supplemented.
b) foreigners in Vietnam working as specified in points c and d clause 1 article 1 of this decree that the job requires 36 (thirty six) months.
2. The records suggest the extension of work permits: a) for foreigners who work in the form of labor contracts, including:-the proposal to renew the work permit of the employers according to the form prescribed by the Ministry of labor, invalids and Social Affairs. Which is clearly not the reason Vietnam instead, they named those Vietnam has been training, funding, training, training, training venue to replace foreign workers;
-A copy of employment contract (certified by the employer);
-Work permit has been granted.
b) for foreigners working in the form prescribed in points c and d clause 1 article 1 of this Decree, including:-the proposal to renew the work permit of the partner Vietnam according to the form prescribed by the Ministry of labor, invalids and Social Affairs;
-A copy of the contract signed between the Vietnam and the partners;
-Work permit has been granted.
3. The time limit for the extension of the work permit: the duration of the work permit extension depend on the working time of the alien for the employer specified in the contract or the text of the election of foreign foreigners work in Vietnam or the contract concluded between the partners and the foreign side Vietnam.
The maximum extension period for the renewal is 36 (thirty six) months.
4. The order to renew the work permit: a) Before at least 30 (thirty) days from the date of expiry of the work permit the employer or the partner Vietnam to apply the proposal to renew the work permit for the Department of labor, invalids and Social Affairs has issued work permits.
b) within 15 (fifteen) days from the date of the application the proposal to renew the work permit, 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 stating the reason.
Article 11. Reissued work permits 1. The case granted leave work permit: a work permit);
b) work permit.
2. the recommended records re-issued work permits, include: a) grant proposals back 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 or broken;
b) grant proposal writing back the person's work permit employers, the Vietnam partners or representatives of non-governmental organizations;
c) work permit has been granted.
3. content permits reissued: work permits are issued to foreigners again to ensure the right content such as work permit has been granted.
4. The order granting leave work permit: a) within a period of 3 (three) days from the date the alien discovered work permit is lost or broken, the alien shall report the employer, the Vietnam partners or representatives of non-governmental organizations and foreign employers the Vietnam partners, or representative of a foreign non-governmental organizations to inform the Department of labour, invalids and Social Affairs has issued work permits. Within a period of 30 (thirty) days from the date the work permit is lost or corrupted, the employers, the Vietnam partner or representative of a foreign non-governmental organizations must submit grant proposals back to the work permit to the Department of labor, invalids and Social Affairs where has that labor license;
b) within 15 (fifteen) 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.
Article 12. These cases work permit expired or disabled 1. Work permit expiry.
2. Termination of labor contracts.
3. The content of the employment contract are not true to the content of the work permit has been granted.
4. Contract the economy, trade, finance, insurance, banking, science and technology, culture, sports, education, medical expiry or termination.
5. The text of the election of foreign expatriates working in Vietnam only announced the election of foreigners working in Vietnam.
6. Work permits were authorized State Agency revoked due to violation of the law of Vietnam.
7. Enterprise, organization, the Vietnam partners or foreign non-governmental organizations in Vietnam end.
8. Foreigners were fine in prison, dead or missing, according to a court statement.
Article 13. Using labor license 1. Foreigners are responsible for holding work permits have been granted when the licenses are valid.
2. The foreigner must present the work permit as do the procedures related to the field of immigration and produce at the request of the competent State bodies.
3. When foreigners to work in the province, central cities (not the city, which foreigners often work) from 10 (ten) consecutive days or more, or 30 (thirty) days carried out 1 (one) year of the employers, the Vietnam partners or representatives of non-governmental organizations abroad must be reported in writing on the water In addition to working and attached snapshot of work permits have been issued to the Department of labor, invalids and Social Affairs where foreign people to work according to the regulations of the Ministry of labor, invalids and Social Affairs.
Chapter 3: IMPLEMENTATION article 14. Inspection, test and handle breach 1. Ministries, ministerial agencies, government agencies and people's committees of the levels are responsible for checking, inspection of the implementation of the provisions of the labour laws and decrees.
2. The employers and individual violations of labor laws, decrees and other regulations of the relevant law, then depending on the nature and extent of the violation which dealt with administratively or prejudice criminal liability in accordance with the law of Vietnam.
3. Foreigners working in Vietnam which have not been granted work permits to do the procedure to propose labor license under the provisions of this Decree. After 6 (six) months of work in Vietnam if foreign workers without work permits, the Department of labor, invalids and Social Affairs suggested the Ministry of public security decision expelled Vietnam under the provisions of the law.
Article 15. The responsibility of the Ministry of labor, invalids and Social Affairs, in collaboration with the Ministry of public security, Ministry of Justice, Ministry of Foreign Affairs guidelines for implementing this Decree on order and consular legalization, criminal, card, permanent residence, to grant work permit, work permit renewal and reissuing work permits for foreigners working in Vietnam.
Article 16. The responsibility of the Ministry of health guidelines, sample content and competent authority certificate of health, the time limit for using the health certificate of the foreigners working in Vietnam.
Article 17. The responsibility of the provincial councils, the central city in the provincial councils, the city decided to centrally collect licensing fees for foreign workers to work in. Under the provisions of the law on fees and charges.
Article 18. The responsibility of the Department of labor, invalids and Social Affairs 1. Reception and storage of records suggest the labor permit, records suggest the extension of work permits and recommended records re-issued work permits.
2. Perform the labor license, renew work permits and work permits reissued under the provisions of this Decree.
3. track, aggregate and report the situation of foreign workers to work in enterprises, agencies, local organizations management.
4. test, inspection of the implementation of the provisions of the labour laws and decrees.
Article 19. The liability of the employer, the partner Vietnam and foreign non-governmental organizations 1. The correct implementation of the provisions of the labour law of Vietnam and the other legal provisions concerned of Vietnam.
2. Do the recommended procedure for licensing workers, labor and permit renewal again permits for foreigners working in Vietnam and pay licensing fees under the provisions of labour law.
3. Fully implementing the labor contract has entrusted with foreigners working in Vietnam.
4. Records Management sign labor of foreigners working in Vietnam must at the same time, additional papers relating to foreigners working in Vietnam.
5. Management of foreigners working in the enterprise, organization.

6. The report on the situation of users of foreigners working in Vietnam according to the regulations of the Ministry of labor, invalids and Social Affairs.
Chapter 4: the TERMS of the IMPLEMENTATION of article 20. Effect 1. As for the foreigner in Vietnam include students, student, wife, husband, who helped the families and foreigners are not subject to the provisions of paragraph 1 of article 1 of this Decree, which needs work for businesses, organizations and individuals in Vietnam is not records , the recommended procedure for licensing. Businesses, organizations, individuals are using foreigners in the aforesaid objects must implement the report before 7 (seven) days (from the date the alien begins work) with the Department of labor, invalids and the local society where foreigners often quoted horizontal list work on alien , with content: name, age, nationality, passport number, start date and end date of work, the job held by foreigners under the regulations of the Ministry of labor, invalids and Social Affairs.
2. This Decree shall be enforceable after 15 days from the date The report.
This Decree replaces Decree No. 105/2003/ND-CP dated 17 September 2003 from the Government detailing and guiding the implementation of a shared articles of the labor code on recruitment and management of foreign workers working in Vietnam; Decree No. 93/2005/ND-CP dated 13 July 2005 amending and supplementing a number of articles of Decree 104/2003/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 and repealed the provisions contrary to the provisions of Convention This theorem.
For those foreign workers have been issued permits and are still in force as of the date of this Decree has effect, the permits which are still valid and do not have to change the new work permit.
Article 21. Responsibility 1. The Ministry of labor, invalids and Social Affairs is responsible for guiding the implementation of this Decree.
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.