Joint Circular No. 21/2016/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 Australia on the Working Holiday Program.

JOINT CIRCULAR

Pursuant to the Law on Ratification, Accession and Implementation of International Treaties dated June 14, 2005;

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Pursuant to Decree No. 106/2012/ND-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - Invalids and Social Affairs;intention Pursuant to Decree No. 106/2014/ND-CP dated November 17, 2014 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam dated June 16, 2014;

Pursuant to Decree No. 58/2013/ND-CP dated June 11, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - Invalids and Social Affairs, the Minister of Public Security and the Minister of Foreign Affairs issue this Joint Circular guiding the implementation of certain Articles of the Agreement between the Government of the Socialist Republic of Vietnam and the Government of Australia on the Work and Vacation Combined Program (hereinafter referred to as the Agreement) as follows: enterprises, This Circular stipulates the conditions, procedures, and formalities for issuing the Letter of Introduction agreeing to residence in Australia for Vietnamese citizens working and vacationing in Australia (hereinafter referred to as the Letter of Introduction), issuing work permits combined with vacation (hereinafter referred to as work permits), issuing visas and residence permits for Australian citizens working and vacationing in Vietnam.

Pursuant to DecreeNo. The subjects to which this applies are Vietnamese citizens going to Australia to work and vacation (hereinafter referred to as Vietnamese citizens); Australian citizens coming to Vietnam to work and vacation (hereinafter referred to as Australian citizens); agencies, organizations, enterprises (hereinafter referred to as employers) in Vietnam using Australian citizens as laborers.onISSUANCE AND REISSUANCE OF LETTERS OF INTRODUCTION FOR VIETNAMESE CITIZENS

Article 3. Conditions for Issuing the Letter of Introductionof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs- Article 2 of Circular Joint No. 05/2013/TTLT/BTP-BNG-BCA amending and supplementing Article 13 of Circular Joint No. 05/2010/TTLT/BTP-BNG-BCA dated March 1, 2010, issued by the Ministry of Justice, the Ministry of Foreign Affairs, and the Ministry of Public Security guiding the implementation of Decree No. 78/2009/NĐ-CP dated September 22, 2009, of the Government detailing and guiding the implementation of certain provisions of the Law on Vietnamese Nationality, which took effect from March 16, 2013, is stipulated as follows:

The Minister of Labor, Invalids and Social Affairs issues this Circular stipulating the adjustment rate for monthly salary and income already paid for social insurance;i1. At least 18 years old but not more than 31 years old.

PART I

SCOPE AND APPLICABLE OBJECTS

Article 1. Scope of Application

2. No criminal record as prescribed by law.

Article 2. Applicability

3. Having graduated from university or having completed at least two years of full-time university education.

4. Not having participated in the Work and Vacation Combined Program or any similar program in Australia (hereinafter referred to as the Program).

Article 4. Documents for Requesting the Issuance of the Letter of Introduction

1. Application form for requesting the issuance of the Letter of Introduction according to Model No. 1 issued together with this Circular. The application form for requesting the issuance of the Letter of Introduction must be printed directly from the website of the Overseas Labor Management Bureau, Ministry of Labor - Invalids and Social Affairs (hereinafter referred to as the Overseas Labor Management Bureau) when Vietnamese citizens enter their personal information as prescribed in Clause 1, Article 6 of this Circular.

2. Valid passport.

3. University graduation certificate or a certificate from the university confirming completion of at least two years of full-time university education.

4. Criminal Record Certificate No. 1 as prescribed in Point a, Clause 1, Article 41 of the Criminal Records Law 2009 issued by the competent authority within six months from the date of issuance to the date of submission of the application for the issuance of the Letter of Introduction.

Article 4. Application Documents for Requesting Introduction Letters

1. The Application Form for Requesting Introduction Letters according to Model No. 1 issued together with this Circular. The Application Form for Requesting Introduction Letters must be directly printed from the electronic portal of the Overseas Labor Management Agency, Ministry of Labor, Invalids and Social Affairs (hereinafter referred to as the Overseas Labor Management Agency) when Vietnamese citizens enter their personal information in accordance with Clause 1, Article 6 of this Circular.

2. Valid passport.

3. University graduation certificate or a university certification confirming completion of at least two years of full-time undergraduate studies.

4. Criminal Record Certificate No. 1 as stipulated in Point a, Clause 1, Article 41 of the 2009 Criminal Records Law, issued by the competent authority within six months from the date of issuance to the date of submitting the application documents for requesting Introduction Letters.

The documents specified in Clauses 2, 3, and 4 of this Article are one copy and the original must be presented for verification, or one certified copy of the original must be submitted.

Article 5. Duration of the Introduction Letter

The duration of the Introduction Letter is 60 days from the date of issuance.

Article 6. Procedure for Issuing the Introduction Letter

1. Vietnamese citizens who need to obtain an Introduction Letter shall enter their personal information into the Application Form for Requesting an Introduction Letter at the electronic portal of the Overseas Labor Management Department at the address http://www.dolab.gov.vn.

2. Within 20 working days from the date of completing the entry of information and printing the Application Form for Requesting an Introduction Letter, Vietnamese citizens shall submit one set of application documents directly or send them through postal services or online environment (if eligible).

3. Within 10 working days from the date of receiving complete application documents, the Overseas Labor Management Department shall issue the Introduction Letter to Vietnamese citizens. In case the Introduction Letter is not issued, a written response stating the reasons shall be provided.

Article 7. Reissuing the Introduction Letter

1. Cases for reissuing the Introduction Letter:

a) The Introduction Letter is lost;

b) The Introduction Letter is damaged;

c) Vietnamese citizens change the personal information recorded on the previously issued Introduction Letter.

2. Documents for requesting a reissued Introduction Letter:

a) An Application Form for Requesting a Reissued Introduction Letter according to Model No. 2 promulgated together with this Circular;

b) The previously issued Introduction Letter. In case the Introduction Letter is lost, there must be a confirmation from the local police authority in Vietnam as prescribed by law;

c) In case of changes in personal information recorded on the Introduction Letter, one copy of the original document must be submitted and the original document must be presented for verification, or one certified copy of the original document proving the change must be submitted.

3. Procedure for Reissuing the Introduction Letter:

a) Vietnamese citizens shall submit one set of application documents directly or send them through postal services or online environment (if eligible) to the Overseas Labor Management Department;

b) Within three working days from the date of receiving complete application documents, the Overseas Labor Management Department shall reissue the Introduction Letter to Vietnamese citizens. In case the Introduction Letter is not reissued, a written response stating the reasons shall be provided.

Article 8. Format of the Introduction Letter

The format and content of the Introduction Letter according to Model No. 3 promulgated together with this Circular.

Article 9. Quantity of Introduction Letters and Priority Order for Issuing Introduction Letters

1. Annually, the Overseas Labor Management Department issues Introduction Letters to 200 Vietnamese citizens and supplements Introduction Letters in cases stipulated in Clause 1, Clause 2, or Clause 4 of Article 10 of this Circular.

2. Introduction Letters are issued based on the principle that individuals who enter their personal information into the Application Form for Requesting an Introduction Letter and submit complete application documents as prescribed in Article 4 of this Circular first will be issued the letters first.

Article 10. Cases Where the Introduction Letter Becomes Invalid

1. The Introduction Letter expires.

2. Vietnamese citizens notify the Overseas Labor Management Department about their decision not to continue participating in the Program.

3. Vietnamese citizens report the loss of the Introduction Letter to the competent state authorities.

4. The competent authority of Australia does not issue a visa to Vietnamese citizens who have been issued an Introduction Letter.

Chapter III

ISSUANCE AND RENEWAL OF WORK PERMITS FOR AUSTRALIAN CITIZENS

Article 11. Application Documents for Issuing Work Permits

1. Application form for issuing work permits for Australian citizens according to Model No. 4 attached hereto.

2. The passport of Australian citizens must have a validity period exceeding six months from the expected date of participation in the Program.

3. Proof of having a ticket or sufficient funds to purchase a ticket and to support Australian citizens with the purpose of traveling and finding random employment in Vietnam. Annually, the Employment Bureau, Ministry of Labor, Invalids and Social Affairs (hereinafter referred to as the Employment Bureau) will announce the amount mentioned above.

4. Health certificate issued not more than twelve months prior to the date of submitting the application for issuance of work permits.

5. A criminal record certificate or equivalent document issued by a foreign competent authority confirming that the applicant for work permit is not a criminal or subject to criminal prosecution; valid for no more than six months from the date of submitting the work permit application.

6. Graduation certificate of bachelor’s degree or proof of completing at least two years of full-time undergraduate studies.

7. An Introduction Letter from the competent authority of the Australian Government agreeing to stay in Vietnam under the terms of the Program. The documents specified in Clauses 2, 3, 4, 5, 6, and 7 of this Article are one copy and the original must be presented for verification, or one certified copy of the original must be submitted.

Article 12. Duration of Work Permit and Visa

1. The duration of the work permit issued upon request of Australian citizens but shorter than the passport validity period by at least 30 days and not exceeding 12 months.

2. The duration of the visa issued to Australian citizens shall be equal to the duration of the work permit.

Article 13. Procedures for Issuing Work Permits, Visas, and Temporary Residence Certificates

1. Procedures for issuing work permits:

a) At least 30 days before the expected date of entry into Vietnam, Australian citizens shall submit the application for work permit directly or send it through postal services or online environment (if eligible) to the diplomatic mission, consular office of Vietnam in Australia (hereinafter referred to as the Diplomatic Mission of Vietnam);

b) Within five working days from the date of receiving complete application for work permit from Australian citizens, the Diplomatic Mission of Vietnam shall transfer the application via email or fax to the Employment Bureau;

c) Within seven working days from the date of receiving complete application for work permit from the Diplomatic Mission of Vietnam, the Employment Bureau shall notify the result of issuing the work permit or refusal to issue the work permit to the Diplomatic Mission of Vietnam in writing.

2. Procedures for issuing visas and temporary residence certificates:

a) Within two working days from the date of obtaining the result of issuing the work permit, the Employment Bureau shall issue a written request to the Immigration Management Department, Ministry of Public Security (hereinafter referred to as the Immigration Management Department) to consider and approve the issuance of a visa for Australian citizens according to Model No. NA2 promulgated by Circular No. 04/2015/TT-BCA dated January 5, 2015 of the Ministry of Public Security regarding the format of documents related to entry, exit, transit, and residence of foreigners in Vietnam;

b) Within five working days from the date of receiving the written request from the Employment Bureau, the Immigration Management Department shall consider and resolve the matter and reply to the Employment Bureau while simultaneously notifying the Diplomatic Mission of Vietnam to issue the visa.

In case a visa is not issued to an Australian citizen, the Immigration Management Department shall notify the Employment Department in writing and specify the reasons so that the Employment Department can inform the Vietnamese representative agency to respond to the Australian citizen.

c) Upon entry into Vietnam, an Australian citizen shall be granted a temporary residence certificate at the border checkpoint by the immigration control authority. The duration of the temporary residence certificate issued shall correspond to the validity period of the visa.

Article 14. Receiving Work Permits

Within five working days from the date of entry into Vietnam, Australian citizens shall collect their work permits at the Employment Bureau’s office or at the address stated in the application for work permit.

Article 15. Number of Work Permits

Annually, the Employment Department shall issue a maximum of 200 work permits to Australian citizens who meet the conditions stipulated in the Program.

Article 16. Format of Work Permit

1. Work permit according to Form No. 5 issued together with this Circular.

2. The Work Permit is organized for printing and implemented uniformly by the Employment Bureau.

Article 17. Use of Work Permit

1. An Australian citizen may only work during the participation period specified on the work permit; they may not work for the entire 12 months during the holiday period; they may not work for more than six months for one employer, except where permission has been granted by the Employment Department.

2. Citizens of Australia are responsible for keeping the issued Work Permit valid while it remains in effect.

3. Citizens of Australia must present the Work Permit when processing procedures related to departure, entry, residence, and upon request by authorized state agencies.

Article 18. Cases for Reissuing the Work Permit

The Work Permit will be reissued in cases of loss, damage, or changes to the content recorded on the issued Work Permit.

Article 19. Documents for Requesting Reissuance of the Work Permit

1. Application form for requesting reissuance of the Work Permit according to Form No. 6 promulgated together with this Circular.

2. The issued Work Permit.

a) In case the Work Permit is lost, there must be confirmation from the local police station in Vietnam or the competent authority of another country as prescribed by law.

b) In case of changes to the content recorded on the Work Permit, proof documents must be provided.

The documents prescribed in Clause 2 of this Article shall be one copy and the original must be presented for verification, or one certified copy from the original.

Article 20. Procedure for Reissuing the Work Permit

1. An Australian citizen may submit an application for reissuance of a work permit directly, through postal service, or via the internet (if eligible) to the Employment Department.

2. Within three working days from the date of receipt of the complete application for reissuance of a work permit from an Australian citizen, the Employment Department shall reissue the work permit. If the work permit is not reissued, a written response specifying the reasons shall be provided.

Article 21. Receiving the Reissued Work Permit

Citizens of Australia will receive the reissued Work Permit at the Employment Agency's office or at the address stated in the application for reissuance of the Work Permit.

Article 22. Cases Where the Work Permit Expires

1. The Work Permit expires at the end of its validity period.

2. Citizens of Australia are sentenced to imprisonment, die, or are declared dead or missing by a court.

Chapter IV

IMPLEMENTATION RESPONSIBILITY AND EFFECTIVENESS OF IMPLEMENTATION

Article 23. Responsibility for Implementation

1. Responsibilities of the Vietnamese Representative Office:

a) To disseminate and publicize the provisions of this Circular to Australian citizens interested in the Combined Work and Holiday Program in Vietnam;

b) To receive and transfer applications for Work Permits from Australian citizens to the Employment Agency;

c) To notify Australian citizens and the Department of Home Affairs of Australia about the cases where Australian citizens are eligible to participate in the Combined Work and Holiday Program;

d) To issue visas to Australian citizens based on the notification of visa issuance results from the Immigration Management Department.

2. Responsibilities of the Immigration Management Department:

a) To review and approve visa issuance for Australian citizens who have received Work Permit results;

b) To notify the Employment Agency and the Vietnamese Representative Office about the visa issuance review results for Australian citizens participating in the Combined Work and Holiday Program;

c) Take the lead and coordinate with the Employment Department and the Consular Affairs Bureau of the Ministry of Foreign Affairs (hereinafter referred to as the Consular Affairs Bureau) to handle cases where Australian citizens subject to this Circular violate Vietnamese laws regarding entry, exit, and residence of foreigners in Vietnam and regulations concerning Australian citizens participating in the Combined Work and Holiday Program.

3. Responsibilities of the Employment Agency:

a) To receive and examine applications for issuance and reissuance of Work Permits;

b) To issue and reissue Work Permits for Australian citizens;

c) To notify the Vietnamese Representative Office of the results of issuing Work Permits;

d) To request the Immigration Management Department to review and approve visa issuance for Australian citizens who have received Work Permit results;

đ) Notify the Australian diplomatic mission in Vietnam, the Immigration Management Department, and the Consular Affairs Bureau after completing the issuance of 200 work permits each year and ceasing the issuance of work permits to Australian citizens.

e) Coordinate with the Immigration Management Department and the Consular Affairs Bureau to handle cases where Australian citizens subject to this Circular violate Vietnamese laws regarding entry, exit, and residence of foreigners in Vietnam.

g) Announce the number of work permits issued; cases where work permits have expired and other related information on the Employment Department's website at http://www.vieclamvietnam.gov.vn for Australian citizens to be aware and comply with.

h) Implement fees and charges as prescribed by law. For cases where work permits expire according to Clause 2 of Article 22 of this Circular, notify the Vietnamese representative agency, the Australian diplomatic mission in Vietnam, the Immigration Management Department, and the Consular Affairs Bureau.

4. Responsibilities of the Overseas Labor Management Department:

a) To build, manage, and maintain software for registering Introduction Letters for Vietnamese citizens;

b) To receive applications for issuance and reissuance of Introduction Letters from Vietnamese citizens;

c) To issue and reissue Introduction Letters for Vietnamese citizens;

d) To provide information to Vietnamese citizens wishing to participate in the Program.

5. Responsibilities of the Consular Department:

a) To guide the Vietnamese Representative Office in implementing the provisions of this Circular;

b) Coordinate with the Immigration Management Department and the Employment Department to handle cases where Australian citizens subject to this Circular violate Vietnamese laws regarding entry, exit, and residence of foreigners in Vietnam and regulations concerning Australian citizens participating in the Combined Work and Holiday Program in accordance with their functions and responsibilities.

c) Notify the Vietnamese representative offices to cease accepting applications from Australian citizens after receiving the notification from the Employment Department regarding the completion of issuing 200 work permits each year.

6. Responsibilities of employers:

a) Comply with Vietnamese laws related to Australian citizens;

b) Not enter into contracts or agreements for more than six months for Australian citizens participating in the Combined Work and Holiday Program, except where permitted by the Employment Department;

c) Report on the recruitment and employment of Australian citizens to the Employment Department including information on their names, work permit numbers, working periods, and other relevant information.

7. Responsibilities of Australian citizens:

a) Fully comply with this Circular and Vietnamese laws;

b) Submit applications for work permits according to regulations;

c) Pay visa fees and other costs as stipulated by Vietnamese laws.

8. Responsibilities of Vietnamese citizens: Fully comply with the provisions of this Circular and the laws of Australia.

Article 24. Effective Date

1. This Circular takes effect from August 19, 2016.

2. During implementation, if there are any difficulties, please report to the Ministry of Labor - Invalids and Social Affairs, the Ministry of Public Security, and the Ministry of Foreign Affairs for timely guidance and supplementation.