Circular No. 09/1999/TT-BLDTBXH guiding the implementation of certain Articles of Government Decree No. 85/1998/NĐ-CP dated October 20, 1998 on the selection, use, and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

CIRCULAR

Guidelines for Implementing Certain Articles of Decree No. 85/1998/NĐ-CP dated October 20, 1998 of the Government on the Selection, Employment, and Management of Vietnamese Workers Working for Foreign Organizations and Individuals in Vietnam

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After consulting the relevant ministries, agencies, and the Vietnam General Confederation of Labor, the Ministry of Labor, Invalids, and Social Affairs issues guidelines for implementing certain articles of Decree No. 85/1998/NĐ-CP dated October 20, 1998 of the Government on the selection, employment, and management of Vietnamese workers working for foreign organizations and individuals in Vietnam as follows:

I- APPLICABLE OBJECTS

These Circulars shall apply to Vietnamese workers, labor supply organizations, and foreign organizations and individuals in Vietnam as stipulated in Decree No. 85/1998/NĐ-CP dated October 20, 1998 of the Government on the selection, employment, and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

These Circulars shall not apply to Vietnamese officials and civil servants working under secondment arrangements in offices and projects funded by foreign sources or representing Vietnam as a partner in foreign investment project offices.

II- SELECTION, EMPLOYMENT AND MANAGEMENT OF VIETNAMESE WORKERS WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM

1. Vietnamese workers seeking employment with foreign organizations and individuals in Vietnam must submit an application for work (according to Model No. 1 attached hereto).

2. Acceptance and return of job application files of workers:

When receiving job application files from workers, labor supply organizations must record them in a tracking logbook and issue a receipt to the worker. The receipt must clearly state the date and year of receipt, the contents of the file, and the recruitment deadline. If the labor supply organization has not yet introduced the Vietnamese worker to work for a foreign organization or individual in Vietnam, and the worker requests the return of their job application file, the labor supply organization must return the job application file to the worker and retrieve the receipt.

3. Labor supply contracts shall be concluded between one party being the labor supply organization and the other party being the foreign organization or individual requiring the use of Vietnamese workers according to Model No. 2 attached hereto.

4. Employment contracts:

a) Employment contracts directly concluded between Vietnamese workers and foreign organizations and individuals in Vietnam shall be in a bilingual format in Vietnamese and English, issued by the Ministry of Labor, Invalids, and Social Affairs pursuant to Decision No. 207/LĐTB-XH dated April 2, 1993 of the Minister of Labor, Invalids, and Social Affairs. The employment contract shall be made in two copies, each party holding one copy, both having equal validity.

In all cases, the employment contract shall not contravene the labor supply contract. The employment contract shall only be concluded when the Vietnamese worker has been informed of the contents of the concluded labor supply contract and has been introduced by the labor supply organization.

b) Within no more than five days from the date of concluding the employment contract, the Vietnamese worker must transfer to the labor supply organization that introduced them a certified copy of the concluded employment contract, confirmed by the employer.

5. Provisions on periodic reporting:

a) Provincial People's Committee labor supply organizations have the responsibility to report to the Department of Labor, Invalids, and Social Affairs (according to Model No. 3 attached hereto) on the situation of selecting, training, and supplying Vietnamese workers to work for foreign investment project offices, branches of foreign companies, representative offices of foreign organizations in economic, trade, financial, banking, insurance, scientific and technological, cultural, educational, health, legal advisory fields; foreign individuals working at these organizations and foreigners permitted by Vietnamese competent authorities to reside in Vietnam. The mid-year report must be submitted before July 15th each year; the annual report must be submitted before January 15th of the following year.

b) Labor supply organizations under the Ministry of Foreign Affairs have the responsibility to report to the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Foreign Affairs (according to Model No. 3 attached hereto) on the situation of selecting, training, and supplying Vietnamese workers to work for diplomatic and consular offices of foreign countries, representative offices of international organizations within the United Nations system, regional and sub-regional organizations; representative offices of foreign news agencies, press, radio, and television; representative offices and project offices of non-governmental foreign organizations, and foreign individuals working for these organizations. The mid-year report must be submitted before July 15th each year; the annual report must be submitted before January 15th of the following year.

c) Departments of Labor, Invalids, and Social Affairs have the responsibility to report to the provincial People's Committees and the Ministry of Labor, Invalids, and Social Affairs (according to Model No. 4 attached hereto) on the situation of selecting, training, supplying, and managing Vietnamese workers working for foreign organizations and individuals in Vietnam as specified in Clause 1, Point 6, Section II of this Circular. The mid-year report must be submitted before July 31st; the annual report must be submitted before January 31st of the following year.

6. For Vietnamese workers as stipulated in Article 18 of Decree No. 85/1998/NĐ-CP dated October 20, 1998 of the Government, if they are working for foreign organizations and individuals as specified in Clause 1, Clause 2, Clause 3, Article 2 of the aforementioned Decree, they shall supplement and transfer their files to the labor supply organization under the Ministry of Foreign Affairs; if they are working for foreign organizations and individuals as specified in Clause 4, Article 2 of the aforementioned Decree, they shall supplement and transfer their files to the labor supply organization under the provincial People's Committee where the foreign organization or individual has its main office.

7. Within thirty days from the date of the decision on establishment or designation of the labor supply organization, the labor supply organization shall publish five consecutive issues in a central or local newspaper regarding its name, location, telephone number, fax number, date of establishment, date of commencement of operations, and field of activity.

The decision on establishment or designation of the labor supply organization must be sent to the Ministry of Labor, Invalids and Social Affairs with one original copy.

III- ORGANIZATION AND IMPLEMENTATION

1. This Circular takes effect from the date of signature.

2. This Circular shall be disseminated to Vietnamese workers, labor supply organizations, and foreign organizations and individuals in Vietnam.

3. Abolish previous regulations that are inconsistent with the provisions of this Circular.

In the course of implementation, if there are any difficulties, they should be promptly reported to the Ministry of Labor, Invalids and Social Affairs for study and resolution.