Decree No. 169/1999/ND-CP Amending and Supplementing Certain Articles of Decree No. 58/CP dated October 3, 1996 of the Government on Issuing Work Permits for Foreign Workers at Enterprises and Organizations in Vietnam

DECREE

Amending and supplementing some Articles of Decree No. 58/CP

dated October 3, 1996 of the Government on issuing Work Permits for foreigners working at enterprises and organizations in Vietnam

Amending, supplementing, and abolishing some provisions of Decree No. 58/CP dated October 3, 1996 of the Government on issuing Work Permits for foreigners working at enterprises and organizations in Vietnam as follows:

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THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Labor Code dated June 23, 1994;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

DECREE:

Article 1. Supplementing Clause 6, 7, 8, 9, 10 to Article 2 as follows:

6. Contractor (main contractor, sub-contractor) is an economic organization with legal personality of Vietnam or foreign countries that undertakes contracts. In cases of tender selection for consultancy, the contractor may be an individual.

7. Medical facilities, cultural, sports, educational and training institutions.

8. Representative offices, branches of foreign companies, representative offices of organizations: economic, trade, financial, banking, insurance, scientific and technological, cultural, educational, medical, legal advisory.

9. Joint venture banks with foreign countries, branches of joint venture banks with foreign countries, including branches of foreign banks and joint venture credit organizations, wholly foreign-owned credit organizations operating in Vietnam; joint venture insurance companies or joint venture insurance brokerage companies, branches of foreign law firms permitted to operate in Vietnam.

Foreigners hired by the employers mentioned above to handle emergencies (emergencies are defined as technical and technological incidents arising unexpectedly which affect or pose a risk to production and business operations that cannot be resolved by Vietnamese experts and foreign experts currently in Vietnam) and foreign members of the Board of Directors, General Managers, Deputy General Managers, Directors, Deputy Directors of foreign-invested enterprises, heads of representative offices, and branch managers mentioned above are not required to apply for Work Permits.

10. Cooperative.

"1. Employers may recruit foreigners to work when there are jobs requiring highly skilled specialists (including engineers and those with equivalent qualifications to engineers or higher; artisans in traditional trades), with extensive experience in their profession, in production management, or managerial positions that Vietnamese workers cannot meet. During the period of using foreign labor, the employer must have a plan to train Vietnamese workers to replace foreign workers.

a) A customs declaration form for imported goods according to the information criteria specified in Model No. 01 - Declaration Form for Imported Goods attached as Appendix I to Circular No. 39/2018/TT-BTC dated April 20, 2018, issued by the Minister of Finance.

2. The duration of employment of foreign workers shall correspond to the term of the labor contract concluded between the employer and the foreign worker. In cases where the foreign side has a decision to send people to work in Vietnam, this period must be consistent with the document signed by Vietnamese state agencies regarding this matter."

3. Clause 1 of Article 11 is amended as follows:

"1. The employer must submit one set of documents to the state agency authorized by the Ministry of Labor, Invalids and Social Affairs to apply for a Work Permit for foreigners, the set of documents includes:

a) Documents of the employer:

Application for issuance of a Work Permit for foreigners according to the form prescribed by the Ministry of Labor, Invalids and Social Affairs.

A copy of the license for establishment and operation of the employer.

Written permission from the competent state agency to recruit foreigners.

A copy of the labor contract already concluded with the employer or the decision to send people to work issued by the foreign side (for cases where the foreigner is currently in Vietnam) or a document from the employer about the planned conclusion of a labor contract or planned decision to send people to work.

b) Documents of foreign workers, including:

Application for issuance of a Work Permit in Vietnam according to the form prescribed by the Ministry of Labor, Invalids and Social Affairs.

Criminal record certificate issued by the Department of Justice where the foreigner resides in Vietnam or criminal record certificate issued by the competent authority of the foreign country if the foreign worker resides abroad.

A copy of the certificate of professional skill level of the foreigner. Certificate of professional skill level of the foreign worker, including: bachelor's degree or equivalent or higher or certificate of skill level of the foreigner issued by the competent authority of that country.

For foreign workers who are artisans in traditional trades or have extensive experience in their profession, in production management, if they do not have certificates, they must have a self-assessment of their professional level, skill level, and management level confirmed by the competent authority of the country of which they hold citizenship.

Health certificate issued by a provincial-level hospital in Vietnam or another health facility but equivalent to a provincial-level hospital. If the health certificate is issued abroad, it must comply with the regulations of that country.

Self-written resume of the foreign worker with a photo attached according to the form prescribed by the Ministry of Labor, Invalids and Social Affairs.

Three color photos (dimensions 3 cm x 4 cm, bareheaded, frontal view, clear face, clear both ears, without glasses).

4. Article 12 is amended as follows:

"Within fifteen days from the date of receiving complete and valid application documents for Work Permits, the agency authorized by the Ministry of Labor, Invalids and Social Affairs must issue a Work Permit for foreigners. In case the permit cannot be issued, a written response must be provided stating the reasons."

"1. Work Permits are issued according to the term of the labor contract concluded or planned to be concluded, or according to the decision to send people to work issued by the foreign side.

5. Article 13 is amended and supplemented as follows:

"1. The work permit shall be issued for the duration of the labor contract that has been concluded or is expected to be concluded, or pursuant to the decision to dispatch for work made by the foreign side."

2. In cases where necessary, the employer and foreign worker may agree to extend the labor contract that has been concluded, but only once, and the extension period shall not exceed the duration of the original labor contract. In this case, the employer must submit an application for extending the Labor Permit (according to the form prescribed by the Ministry of Labor, War Invalids and Social Affairs), accompanied by an explanatory statement, a copy of the extended labor contract, and the previously issued Labor Permit, to the agency authorized by the Ministry of Labor, War Invalids and Social Affairs, at least thirty days before the expiration date of the old labor contract.

Within fifteen days from the date of receiving complete and valid documents, the competent authority must extend the Labor Permit. If the extension is not granted, a written response with clear reasons must be provided. (No extension will be granted to those who seriously violate Vietnamese labor laws).

3. Reissuing the Labor Permit:

a) In the event that the issued Labor Permit is lost or damaged, the foreign worker must submit an application for reissuing the Labor Permit, accompanied by confirmation and recommendation from the employer, to the agency that issued the Labor Permit.

b) Within fifteen days from the date of receiving a complete and valid application for reissuing the Labor Permit, the competent authority must review and reissue the Labor Permit for the foreign worker. If the reissuance is not granted, a written response with clear reasons must be provided. (The Labor Permit will not be reissued for foreigners who have been expelled from Vietnam due to serious violations of Vietnamese labor laws).

6. Abolish Article 3, Article 9, Article 10, and Article 15.

Article 2.

1. The employer is responsible for periodically reporting on the use of foreign workers according to the regulations of the Ministry of Labor, War Invalids and Social Affairs.

2. The Ministry of Labor, War Invalids and Social Affairs is responsible for guiding the implementation of this Decree, specifying the delegation and revocation of the delegation to issue Labor Permits to Provincial Departments of Labor, War Invalids and Social Affairs and Industrial Park Management Boards.

3. The Ministry of Justice is responsible for guiding the content and validity period of the confirmation of criminal record certificates.

Article 3. This Decree takes effect fifteen days after the date of signature. All previous provisions contrary to this Decree are abolished.

Article 4. The Minister, the head of a ministry-level agency, the head of a government agency, and the Chairperson of the provincial people's committee and municipal people's committee under central jurisdiction shall be responsible for implementing this Decree.