GOVERNMENT DECREE amending and supplementing 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 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 labor code on 02 April 2002;
According to the recommendation of the Minister of labor, invalids and Social Affairs, the DECREE: article 1. Modifying, supplementing 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 as follows: 1. Article 1 is modified supplemented as follows: "article 1. Businesses, agencies, held in Vietnam under the provisions of article 132 of the labor laws are established and operate in accordance with the law of Vietnam are to recruit foreign workers: 1. enterprises operating under the State enterprise law, business law, law on foreign investment in Vietnam.
2. The contractor (main contractors, sub-contractors) a foreign contractor in Vietnam.
3. Representative Office, branch of the Organization of the economy, trade, finance, insurance, banking, science and technology, culture, sports, education, training, health.
4. The social organization of the profession.
5. The business units of the State.
6. The basis of health, culture, education, training, sports (including the foundations established under the enterprise law, law on State enterprises, the law on foreign investment in Vietnam).
7. The Office of the foreign or international projects in Vietnam.
8. the Executive Office of the foreign business cooperation contract business in Vietnam.
9. The legal profession in Vietnam under the provisions of the law of Vietnam.
10. The cooperative.
The enterprise, agency, organisation said on here called the employers ".
2. Article 3 is amended and supplemented as follows: "article 3.
1. The employers stipulated in clause 1 of article 1 of this Decree was to recruit foreign workers at a rate not to exceed 3% compared with the number of existing workers of enterprises, at least also be 01.
For enterprises operating in specific sectors using less labour or in the new phase of investment, yet stable production that needs to recruit foreign workers exceeds the rate of 3%, then the Chairman of the provincial people's Committee, the city of centrally reviewed and approved in writing on the basis of the actual requirements of each business.
2. For those employers defined in item 2, 3, 4, 5, 6, 7, 8, 9 and 10 of article 1 of this Decree do not prescribe the rate of foreign workers are employed, but if want to recruit foreign workers must be approved by the Chairman of the provincial people's Committee , central cities.
3. in case of enterprises, organizations specified in article 1 of this Decree have been competent State agencies of Vietnam has decided to approve the project or activity in which the prescribed number of foreign workers being used is not approval of the Chairman of the provincial people's Committee , central cities ".
3. Paragraph 3 and paragraph 4 Article 4 be amended and supplemented as follows: "3. the professionalism, high technology (including the engineer or equivalent qualified engineer; traditional trades artisans), have more experience and seniority in the profession, in the production, business executive or the Manager job that Vietnam laborers do not meet.
With regard to foreign workers get into medical practice, pharmacy direct, private treatment in Vietnam must be eligible under the provisions of the law of Vietnam about medical practice, pharmacy.
4. No money, money; not being prejudice criminal liability, are criminal penalty under the provisions of the law of Vietnam and foreign law ".
4. Paragraph 1 article 6 is modified and supplemented as follows: "1. foreign employees working for enterprises, authorities, organizations in Vietnam must have a work permit, except in the following cases: a) foreign workers in Vietnam working with the time limit under the 3 (three) months; or 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;
b) foreigners are Board members or Board members (for limited liability company established under the business law) enterprises established under the provisions of the law of Vietnam;
c) alien's Head offices, head of branch in Vietnam;
d) foreign attorneys were the Ministry of Justice level licensed lawyers in Vietnam under the rule of law ".
5. Paragraph 4 Article 6 be amended and supplemented as follows: "4. The duration of work permits granted under the term of labor contracts or agreements envisaged by the decision of the foreign countries sent foreigners to Vietnam to work, but no more than 36 months".
6. Clause 5 article 6 is modified and supplemented as follows:

"5. for the objects are not granted work permit specified in clause 1 of this article, the employer has the responsibility to report to the Department of labor, invalids and Social Affairs (where enterprise, agency, organisation headquartered) list of foreigners to the transverse excerpt , with content: name, age, nationality, passport number, start date and end date of work, the job held by foreigners. The previous report 7 (seven) days when foreign workers start work.
For foreigners in Vietnam to implement the contract type (excluding employment contracts) between enterprise, agency, organisation in Vietnam with enterprise, agency, organisation abroad, the alien does not have to please labor license but must ensure the conditions specified in paragraph 1 , 2, 3, 4 Article 4 of this Decree and of enterprise, agency, organisation in Vietnam made the report as for foreigners to work for enterprises, agencies, held in Vietnam with duration of work under 3 (three) months and submit the papers of foreigners prescribed in detail b c, d, e, paragraph 1 article 5 of this Decree ".
7. Paragraph 3 article 7 be amended and supplemented as follows: "3. The time limit for the extension of work permits: within a period of 30 days (measured in working days) before the expiry of the work permit, the employer must apply for a renewal of work permits according to the regulations of the Ministry of labor, invalids and Social Affairs.
The time limit for the extension of the work permit depends on the working time of the foreign workers for the employer specified in the contract or the text of the election of foreign expatriates working in Vietnam, the time limit for the extension of a maximum of 36 (thirty six) months. For the case of expiry of the extension, which still have not been training workers to replace the Vietnam work permit be continued renew if the consent of the Chairman of the provincial people's Committee, the central cities where enterprise, agency, organisation of the main headquarters. "
Article 2. The Ministry of labor, invalids and Social Affairs and other relevant ministries in the scope of the functions, duties, their powers are responsible for guiding the implementation of this Decree.
Article 3. The Decree has effect after 15 days from the date The report. The previous provisions contrary to this Decree are repealed.
Article 4. The 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.