JOINT CIRCULAR No. 15/2012/TTLT-BLDTBXH-BCA-BNG GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE AGREEMENT BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE GOVERNMENT OF NEW ZEALAND ON THE WORK PROGRAM DURING VACATION PERIOD

JOINT CIRCULAR

Guidelines for implementing certain provisions of the Agreement between the Government of the Socialist Republic of Vietnam and the Government of New Zealand on Working Holiday ProgramsBetween the Governments of the Socialist Republic of Vietnam and New Zealand signed on December 29, 2011 regarding the implementation of Working Holiday Programs (hereinafter referred to as the Agreement);

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Pursuant to the Agreement between the Government of the Socialist Republic of Vietnam and the Government of New Zealand signed on December 29, 2011 concerning the implementation of Working Holiday Programs;

Pursuant to the Government Decree No. 186/2007/NĐ-CP dated December 25, 2007 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to the Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 15/2008/ND-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

Pursuant to Decree No. 21/2001/ND-CP dated May 28, 2001 of the Government detailing the implementation of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam;

The Minister of Labor - Invalids and Social Affairs, the Minister of Public Security, and the Minister of Foreign Affairs hereby issue guidelines for implementing certain provisions of the Agreement between the Government of the Socialist Republic of Vietnam and the Government of New Zealand on Working Holiday Programs as follows:

Article 1. Scope and Applicability

Article 1. This Circular stipulates the procedures for issuing working holiday permits (working holiday permits hereinafter referred to as permits), issuing visas, and residence permits for New Zealand citizens working during their holidays in Vietnam.

Article 2. The subjects to which this Circular applies are New Zealand citizens coming to Vietnam to work during their holidays (hereinafter referred to as New Zealand citizens); agencies, organizations, enterprises (agencies, organizations, enterprises hereinafter referred to as employers) in Vietnam using New Zealand citizens.

Article 2. Conditions for Issuing Permits

The conditions for issuing permits shall be implemented according to the provisions of Article 5 of the Agreement and Points g and k of Article 5 are guided as follows:

Point 1. New Zealand citizens must have a document proving that they have opened a bank account in New Zealand and can conduct transactions with banks in Vietnam with an account balance not less than 4,200 New Zealand Dollars.

Point 2. They must have been issued a health certificate meeting the working conditions stipulated by New Zealand law. The health certificate must not exceed 180 (one hundred eighty) days from the date the New Zealand citizen submits the application for a permit.

Article 3. Application Documents for Issuing Permits

New Zealand citizens who wish to apply for a permit shall submit directly or send by post one set of application documents to the Embassy of Vietnam in New Zealand. The application package includes:

Point 1. A working holiday permit application form of the New Zealand citizen according to Model No. 1 attached to this Circular;

Point 2. A copy of the New Zealand citizen's passport valid for at least one month more than the period requested for the permit;

Point 3. The health certificate as prescribed in Clause 2 of Article 2 of this Circular;

Point 4. A national secondary school certificate of New Zealand level 2 or higher;

Point 5. A document proving financial eligibility as prescribed in Clause 1 of Article 2 of this Circular;

Point 6. Three (3) color photographs measuring 3cm x 4cm, bareheaded, frontal view, clear face, both ears visible, without glasses, white background, and a soft copy of the above photograph.

The documents specified in Clauses 3, 4, and 5 of this Article must be original copies; if they are copies, they must be certified by a public official or notarized.

The above documents must be in English and are exempt from consular legalization.

Article 4. Duration of Permits and Visas

1. The duration of permits issued upon request of New Zealand citizens shall not exceed 12 (twelve) months.

2. The duration of visas issued to New Zealand citizens shall be the same as that of the permit.

Article 5. Procedures for Issuing Permits, Visas, and Temporary Residence Certificates

1. Permit Issuance Procedures:

a) At least 30 (thirty) days before the expected date of entry into Vietnam, New Zealand citizens submit their application directly or send it via postal service to the Embassy of Vietnam in New Zealand requesting a permit;

b) Within 05 (five) working days from the date of receiving a complete application for a permit from New Zealand citizens, the Embassy of Vietnam in New Zealand forwards the application for a permit to the Department of Labor (Ministry of Labor, Invalids and Social Affairs) via fax or email;

c) Within 10 (ten) working days from the date of receiving a valid application for a permit, the Department of Labor (Ministry of Labor, Invalids and Social Affairs) notifies the result of issuing the permit to the Embassy of Vietnam in New Zealand and the Embassy of New Zealand in Vietnam in writing.

2. Procedures for issuing visas and temporary residence certificates:

a) Within 02 (two) working days from the date of issuing the permit, the Department of Labor (Ministry of Labor, Invalids and Social Affairs) sends a written request to the Immigration Management Department (Ministry of Public Security) to consider and approve a visa for New Zealand citizens according to Model N2 issued together with Circular Joint Circular No. 01/2012/TTLT-BCA-BNG dated January 3, 2012 amending and supplementing Joint Circular No. 04/2002/TTLT-BCA-BNG dated January 29, 2002 and Joint Circular No. 05/2009/TTLT-BCA-BNG dated May 12, 2009 of the Ministry of Public Security - Ministry of Foreign Affairs in the field of immigration, along with a copy of the issued permit of New Zealand citizens.

b) Within 05 (five) working days from the date of receiving the written request from the Department of Labor (Ministry of Labor, Invalids and Social Affairs), the Immigration Management Department (Ministry of Public Security) replies with the result of reviewing and approving the visa for New Zealand citizens and informs the Embassy of Vietnam in New Zealand to issue the visa. In case a visa is not granted to New Zealand citizens, the Immigration Management Department (Ministry of Public Security) replies in writing to the Department of Labor (Ministry of Labor, Invalids and Social Affairs) stating the reasons; the Department of Labor informs the Embassy of Vietnam in New Zealand to reply to New Zealand citizens.

Upon entry into Vietnam, New Zealand citizens are issued a temporary residence certificate at the border checkpoint by the immigration control authority. The duration of the temporary residence certificate issued is consistent with the visa duration.

Article 6. Receiving Permits

Within 05 (five) days from the date of entry into Vietnam, New Zealand citizens receive the permit at the headquarters of the Department of Labor (Ministry of Labor, Invalids and Social Affairs) or at the headquarters of the Ho Chi Minh City Employment Introduction Center under the Ho Chi Minh City Department of Labor, Invalids and Social Affairs.

Article 7. Number of Permits

Each year, the Department of Labor (Ministry of Labor, Invalids and Social Affairs) issues a maximum of 100 (one hundred) permits to New Zealand citizens who meet the conditions stipulated in the Agreement.

Article 8. Sample of the permit

1. The sample of the permit is prescribed as follows:

a) Form of the permit:

The permit has dimensions of (17.8 cm x 12.5 cm), consisting of 10 pages, with page 1 and page 10 being dark pink in color, laminated; from page 2 to page 9, the background is white, with light pink patterns, and a star shape in the center.

b) Content of the permit according to Model No. 2 issued together with this Circular.

2. The permit shall be printed and distributed uniformly by the Directorate of Employment (Ministry of Labor, Invalids and Social Affairs).

Article 9. Use of the permit

1. Within 05 (five) working days from the date when the New Zealand citizen starts working for the employer, the employer must confirm in the permit with the following content: name and surname of the employer; place of work and phone number; job position; start and end date of work.

2. The New Zealand citizen is responsible for keeping the permit while it remains valid.

3. The New Zealand citizen must present the permit when handling residence, entry-exit procedures, and upon request by competent state agencies.

4. Within 03 (three) working days from the date the employer confirms in the permit, the New Zealand citizen must send a copy of the permit with the employer's confirmation as stipulated in Clause 1 of this Article to the Directorate of Employment (Ministry of Labor, Invalids and Social Affairs) via postal service, fax, or email.

Article 10. Reissue of the permit

1. Cases for reissuing the permit:

a) The permit is lost;

b) The permit is damaged.

2. Documents for requesting reissue of the permit:

a) Application form for reissuing the permit of the New Zealand citizen according to Model No. 3 issued together with this Circular, explaining clearly the reason for loss or damage;

b) The permit that has been issued in cases stipulated at point b of Clause 1 of this Article.

c) Three (3) color photographs measuring 3cm x 4cm, bareheaded, frontal view, clear face, both ears visible, without glasses, white background.

3. The validity period of the reissued permit is the same as that of the original permit.

4. Procedure for reissuing the permit:

a) Within 03 (three) days from the date of discovering the loss or damage of the permit, the New Zealand citizen is responsible for requesting the Directorate of Employment (Ministry of Labor, Invalids and Social Affairs) to reissue the permit by submitting the application for reissuing the permit directly or through postal service.

b) Within 03 (three) working days from the date of receiving the complete application for reissuing the permit from the New Zealand citizen, the Directorate of Employment (Ministry of Labor, Invalids and Social Affairs) will reissue the permit and notify the New Zealand citizen. In case of refusal to reissue the permit, a written response must be provided with specific reasons.

5. Receiving the reissued permit: The New Zealand citizen receives the reissued permit at the office of the Directorate of Employment (Ministry of Labor, Invalids and Social Affairs) or at the office of the Ho Chi Minh City Employment Introduction Center under the Department of Labor, Invalids and Social Affairs of Ho Chi Minh City.

Article 11. Fees for issuing and reissuing the permit

The New Zealand citizen must pay the fee for issuing and reissuing the permit at the location where the permit is received, in accordance with the regulations of the Ministry of Finance.

Article 12. Cases where the permit becomes invalid or void

1. The permit expires

2. The permit is revoked by the Employment Department (Ministry of Labor, Invalids and Social Affairs) for failing to comply with the provisions of Clause 4, Article 9 of this Circular.

3. A New Zealand citizen informs the Employment Department (Ministry of Labor, Invalids and Social Affairs) about leaving the country before the deadline.

4. A New Zealand citizen is imprisoned, dies, or is declared missing by a court.

Article 13. Responsibility for Implementation

1. Responsibilities of the Embassy of Vietnam in New Zealand:

a) Promote and disseminate the regulations of this Circular to New Zealand citizens interested in the Working Holiday Program in Vietnam;

b) Receive and transfer applications for permits from New Zealand citizens to the Employment Department (Ministry of Labor, Invalids and Social Affairs);

c) Issue visas to New Zealand citizens based on the notification of visa issuance results from the Immigration Management Department (Ministry of Public Security).

2. Responsibilities of the Immigration Management Department (Ministry of Public Security):

a) Review personnel for visa issuance to New Zealand citizens who have been granted permits;

b) Notify the Employment Department (Ministry of Labor, Invalids and Social Affairs) and the Embassy of Vietnam in New Zealand about the review results for visa issuance to New Zealand citizens;

c) Lead and coordinate with the Employment Department (Ministry of Labor, Invalids and Social Affairs) and the Consular Department (Ministry of Foreign Affairs) to handle cases where New Zealand citizens under this Circular violate Vietnamese laws regarding entry and exit and residence of foreigners in Vietnam.

3. Responsibilities of the Employment Department (Ministry of Labor, Invalids and Social Affairs):

a) Receive and examine applications for issuance and reissuance of permits from New Zealand citizens;

b) Issue and reissue permits to New Zealand citizens based on the authorization of the Minister of Labor, Invalids and Social Affairs;

c) Request the Immigration Management Department (Ministry of Public Security) to review personnel for visa issuance to New Zealand citizens who have been granted permits;

d) Notify the Embassy of Vietnam in New Zealand about the results of permit issuance;

đ) Notify the Embassy of Vietnam in New Zealand, the Embassy of New Zealand in Vietnam, the Immigration Management Department (Ministry of Public Security), and the Consular Department (Ministry of Foreign Affairs) after completing the issuance of 100 (one hundred) permits each year and suspending the issuance of permits to New Zealand citizens;

e) Coordinate with the Immigration Management Department (Ministry of Public Security) and the Consular Department (Ministry of Foreign Affairs) to handle cases where New Zealand citizens under this Circular violate Vietnamese laws regarding entry and exit and residence of foreigners in Vietnam;

g) Announce procedures; fees for issuance and reissuance of permits; number of permits issued; cases where permits become invalid or void and other related information on the website http://www.vieclamvietnam.gov.vn so that New Zealand citizens can be informed and comply.

For cases where permits become invalid or void as stipulated in Clause 2, 3, and 4 of Article 12 of this Circular, notify the Embassy of Vietnam in New Zealand, the Embassy of New Zealand in Vietnam, the Immigration Management Department (Ministry of Public Security), the Consular Department (Ministry of Foreign Affairs), and the New Zealand citizen.

4. Responsibilities of the Consular Department (Ministry of Foreign Affairs):

a) Guide the Embassy of Vietnam in New Zealand to implement the provisions of this Circular;

b) Coordinate with the Immigration Management Department (Ministry of Public Security) and the Employment Department (Ministry of Labor, Invalids and Social Affairs) to handle cases where New Zealand citizens under this Circular violate Vietnamese laws regarding entry and exit and residence of foreigners in Vietnam and regulations concerning New Zealand citizens working during holidays in accordance with their functions and responsibilities.

5. Responsibilities of employers:

a) Implement relevant Vietnamese laws concerning New Zealand citizens;

b) Confirm in the permit the content specified in Clause 1, Article 9 of this Circular and comply with regulations related to entry and exit and residence of foreigners in Vietnam.

6. Responsibilities of New Zealand citizens:

a) Study and fully comply with the regulations of this Circular and Vietnamese laws;

b) Submit applications for issuance and reissuance of permits as required;

c) Pay fees for issuance and reissuance of permits; visa issuance; fax charges for notification of personnel review results and visa issuance from the Immigration Management Department (Ministry of Public Security) to the Embassy of Vietnam in New Zealand and other costs as prescribed by Vietnamese laws.

Article 14. Effective Date

1. This Circular takes effect from July 15, 2012.

2. In case of difficulties during implementation, please report to the Ministry of Labour - Invalids and Social Affairs, the Ministry of Public Security, and the Ministry of Foreign Affairs for timely guidance and supplementation.