The DECREE 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: chapter I GENERAL PROVISIONS article 1. Businesses, agencies, held in Vietnam under the provisions of article 132 of the labour code are established and operate in accordance with the law of Vietnam are to recruit foreign workers: 1. enterprises in the economic sectors; include the types of business operated under the State enterprise law, business law, law on foreign investment in Vietnam.
2. The contractor (main contractors, sub-contractors) are economic organizations having legal personality of Vietnam or a foreign contractor.
3. business organizations, service in the State administrative organs, the armed forces, the people's Union, the political organization, social-political organizations, social organizations.
4. Representative Office, branch of the foreign company; Representatives of organizations: economy, trade, finance, insurance, banking, science and technology, culture, sports, education, health.
5. The business units of the State.
6. The basis of health, culture, education, training, sports.
7. The Office of the foreign or international projects in Vietnam.
8. the branch held foreign lawyers be allowed to operate in Vietnam.
9. The cooperative.
Businesses, agencies, the organization said on the following known collectively as the employers.
Article 2. Foreign workers work for the employers specified in article 1 of this Decree is without nationality under the nationality law of Vietnam Vietnam.
 
Chapter II RECRUITMENT and MANAGEMENT of FOREIGN WORKERS WORKING in VIETNAM, article 3.
1. The employers stipulated in clause 1 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, but many for no more than 50 people, at least also be 01.
2. For those employers defined in item 2, 3, 4, 5, 6, 7, 8 and 9 Article 1 of this Decree do not prescribe the rate of foreign workers are employed, but want to recruit foreign workers must be approved by the provincial people's Committee Chairman, central cities.
Article 4. The employers are recruiting foreign workers when foreign workers have the following conditions: 1. Be 18 years of age.
2. Health match job requirements.
3. Have high technical expertise (including the engineer or equivalent qualified engineers; the traditional trades artisans), has extensive experience in the profession, in the Executive producer, Manager or task manager that Vietnam laborers do not meet.
4. No money, money the offence violated national security under the provisions of the law of Vietnam; don't have the money, the money of criminal charges; not being prejudice criminal liability, are criminal, not yet remove the judgment under the provisions of the law of Vietnam and foreign laws.
5. Have the work permits for foreign workers to work in Vietnam from enough 3 (three) months or more, due to competent State agencies of Vietnam levels, except in the case of not granting work permit specified in clause 1 6 of this Decree.
Article 5. Record, the order to recruit foreign workers.
1. Application: foreign workers filed 02 (two) sets record for labor, a user record due to the use of labour management and a resume to employers who do the procedure please license the labor. Each profile includes: a) the application;
b) criminal record Votes by the competent authority of the country in which the worker resides. Case, the alien who resides in Vietnam from 6 (six) months or more then the ballots outside the criminal by the competent body of the foreign grants have to have votes by the Criminal Justice Department of Vietnam where foreigners are residing;
c) résumé by foreigners under model by the Ministry of labor, invalids and social regulations and photo;
d) health certificate issued abroad. Cases, foreigners are residing in Vietnam, the health certificates issued pursuant to the Vietnam Ministry of health;
DD) copy of certificate of qualification, the workmanship of the foreigners, including: college diploma or equivalent level or more, or certificate of vocational qualifications of foreign workers by the Agency have the authority granted under the provisions of that country.
With regard to foreign workers is the traditional trades artisans or who have experience in the profession, in production, management of operating without a certificate, they must have a comment on the professional level, management level and workmanship are the competent authorities of the country of which the person certifying citizenship;
e) Three color photos (3 cm x 4 cm in size, head to the ceiling, shot, clear face, clearly the two ears, not wearing glasses), photograph taken not more than 1 (one) year.
The papers specified in the aforesaid records by the Agency, foreign organization or notary, attested to be legalized in accordance with the law of Vietnam and Vietnamese translation; translations, copies must be certified in accordance with the law of Vietnam.
2. The procedure, foreign labor recruitment process: a) for employers: employers must post on the central or local newspaper 3 (three) consecutive number of labour recruitment needs and fully informed of the requirements of work and the rights of workers and employers in the recruitment process When to work and when to quit.
The employer must do the procedure please labour permit for foreign workers to work in Vietnam under the provisions of this Decree, foreign workers after the submission of full papers according to the provisions of this Decree.
b) for foreign workers: foreigners who want to work in Vietnam to research fully the provisions of the law of Vietnam that the employers offered; at the same time, to prepare the necessary paperwork and perform in accordance with the provisions of this Decree.
Foreigners who want to work in Vietnam must submit work prescribed in clause 1 of this article for the employers.
c) when work permits, the workers and the employers should conduct labor contracts in writing (excluding subject foreign workers due to the election of foreign on Vietnam to work), the employer is responsible for sending a copy of the labor contract has committed about the Agency has granted work permits for foreign workers it. The content of work in labour contracts are not contrary to the content of the work recorded in the work permit has been granted.
Article 6. Labor license.
1. foreign employees working for enterprises, authorities, organizations in Vietnam must have a work permit, except for the object:

Foreign workers in Vietnam working under 3 (three) months or to handle in emergencies (emergencies are defined as those incidents, technical situations, complicated technology pullulate compromising or risk affecting the production, the business that Vietnam experts and foreign experts are currently in Vietnam do not handle).
The alien is a member of the Board, Director General, Deputy Director General, Director, Deputy Director of the enterprise to be established in accordance with the law of Vietnam and have legal personality.
The alien's Head offices, head of branch in Vietnam.
Foreign lawyers 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 foreign workers according to the model by the Ministry of labor, invalids and social regulations.
3. Application for license, including suggested text: licensed employees of the employer in the form due to the Ministry of labor, invalids and social regulations.
Application work of foreign workers (specified in clause 1 of this Decree, article 5).
4. The duration of the work permit: the duration of work permits granted under the term of labor contracts (for the object of labor contracts) or by decision of the foreign election workers to Vietnam to work, but no more than 36 months.
5. for the audience not to grant 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 , including: 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 working to implement the contract type (excluding employment contracts) between enterprise, agency, organisation in Vietnam with enterprise, agency, organisation abroad, the enterprise, agency or organisation in Vietnam also made the report as for foreigners to work for business , the Agency held in Vietnam with duration of work under 3 (three) months.
Article 7. Renewal of work permits.
1. Renewal of work permit in the case of employers who already have plans and are conducting training Vietnam workers to replace the jobs that foreign workers are assumed, but Vietnam workers have yet to be replaced. Not renew the work permits for foreign workers was disciplined labor as defined in point b, point c, paragraph 1 to article 84 of the Labour Code has been amended and supplemented.
2. Application for extension of work permit: a) the employers apply for a renewed work permit according to regulations of the Ministry of labor, invalids and Social Affairs. Which is clearly not the reason Vietnam instead, they named those Vietnam has been and is training, funding, training, training, training venue to replace foreign workers.
b) labor contract copy or text of the foreign countries sent foreigners working in Vietnam (certified by the employer).
c) 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 foreign workers for the employer specified in the contract or the text of the election of foreign expatriates working in Vietnam the time limit, extend for 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 headquartered.
Article 8. Work permit is granted in case of lost or damaged: 1. foreign workers have to do application work permit and reason is lost or broken, certified by the employer sent the Department of labor, invalids and Social Affairs has issued work permits and work permits.
2. Work permits granted to foreign workers back as the work permit has been granted.
Article 9. Work permit expired in the following cases: 1. Work permit expiry.
2. Employment contract termination ahead of time.
3. Job in the employment contract are not true to the work proposed labor license please.
4. Work permits were authorized State Agency revoked due to violation of the law of Vietnam.
5. Enterprise, agency, organisation of active termination.
6. foreign workers were fine in prison, dead or missing, according to a court statement.
Article 10. Use permits.
1. foreign workers holding work permits have been granted when the licenses are valid. Within a period of 3 (three) days before the work permit expired, foreign workers must submit the work permits for the use of labour; the employers are responsible for receiving work permits and during 7 (seven) days from the date of the work permit, the employer must pay back to the Agency has licensed employees.
2. foreign workers must produce the permit at the request of the competent State bodies.
 
Chapter III INSPECTION, REWARDS and TREATS BREACH of article 11. Ministries, ministerial agencies, government agencies and people's committees of all levels are responsible for checking, inspection of the implementation of the provisions of the labour laws and decrees.
Article 12. Businesses, agencies, organizations and individuals who have achievements in the implementation of the provisions of the labor code and the Decree was rewarded in accordance with the law of Vietnam.
Article 13. Businesses, agencies, organizations and individuals that violations of the provisions of the labour laws, decrees and other regulations of the relevant law depends on the nature, the degree of offense that dealt with administratively or prejudice criminal liability in accordance with the law of Vietnam.
Article 14. Foreign workers are working in enterprises, agencies and organisations in Vietnam which have not been granted work permits, they must do the procedures to apply for a work permit issued under the provisions of article 6 of this Decree. After 6 (six) months from the date the Decree has effect, if foreign laborers without work permits, the Department of labor, invalids and Social Affairs suggested the Minister of public safety decision expelled Vietnam under the provisions of the law.
 
Chapter IV article 15 ENFORCEMENT TERMS. 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 16. The Ministry of finance is responsible for guiding the level of currency, currency, payment, management and use of labor licensing fees for foreigners working in Vietnam.
Article 17. The responsibility of the Department of labor, invalids and Social Affairs: 1. Receiving and storing CV labour permit, application for renewal of work permits and application for work permit again.

2. within 15 days from the date of receipt of a valid application for work permit renewals, work permits and work permit re-issuance of the employers, the Department of labor, invalids and Social Affairs Department, central cities are granted work permit , renew work permits and work permit again. The case, not the workers, not the license renewal of work permits and not reissued work permits must reply in writing and stating the reason.
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.
5. Revocation of work permits have expired.
Article 18. The liability of the employer: 1. Comply with the provisions of the labour law of Vietnam and the other legal provisions concerned of Vietnam.
2. Do the procedures for granting work permits, work permits and renewals granted leave permits for foreign workers and pay the labor license under the provisions of the Ministry of finance.
3. Fully implementing the labor contract was delivered to foreign workers.
4. Receive work permits have expired of workers abroad and return to the Agency has granted work permits.
5. application management work of foreign workers, and must complement the papers relating to foreign workers.
6. Managing foreign laborers working in the enterprise, agency or organisation.
7. The report on the situation of using foreign workers according to the regulations of the Ministry of labor, invalids and Social Affairs.
Article 19. The Decree has effect after 15 days from the date The report and replacing Decree No. 58/CP dated 16 October 1996 and Decree No. 169/1999/ND-CP dated 3 December 1999 of the Government on the labor permit for foreigners to work in enterprises , held in Vietnam.
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 20. 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.