Circular No. 23/2017/TT-BLDTBXH guiding the issuance of work permits for foreign workers working in Vietnam through electronic means

CIRCULAR

Guidelines for issuing work permits for foreign workers working in Vietnam through electronic networks

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Pursuant to the Law on Electronic Transactions 2005;

BASED ON DECREE NO. 14/2017/NĐ-CP OF FEBRUARY 17, 2017, ISSUED BY THE GOVERNMENT, PROVIDING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRSPursuant to the request of the Director General of the Department of Vocational Education;

Pursuant to Resolution No. 36a/NQ-CP dated October 14, 2015 of the Government on the Digital Government;

Pursuant to Decree No. 43/2011of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of National Defense;dated June 13, 2011 of the Government on the provision of information and public services online on websites or portals;and Social Affairs promulgates this Circular guiding the issuance of work permits for foreign workers working in Vietnam through electronic networks.Pursuant to Decree No. 14/2017/NĐ-CP dated January 17, 2017 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs promulgating this Circular on the management, operation, and exploitation of databases on Vietnamese workers going to work abroad under contracts.

This Circular guides the implementation of receiving applications for approval of demand for using foreign workers; issuing, reissuing work permits; confirming non-requirement for work permit issuance for foreign workers working in Vietnam through electronic networks at level 3 of online public services.1. Foreign laborers entering Vietnam to work as prescribed in Clause 1, Article 2 of Decree No. 11/2016/NĐ-CP.

At the proposal of the Director of the Employment Department;

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS ISSUES THIS CIRCULAR TO SUPPLEMENT PROFESSIONS AND TRADES TO THE LIST OF PROFESSIONS AND TRADES AT THE FOURTH LEVEL WITH A DIPLOMA IN VOCATIONAL COLLEGE AND HIGHER VOCATIONAL COLLEGE ISSUED TOGETHER WITH CIRCULAR NO. 04/2017/TT-BLDTBX ON MARCH 2, 2017, ISSUED BY THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS.2. Employers using foreign workers as prescribed in Clause 2, Article 2 of Decree No. 11/2016/NĐ-CP.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

3. The agency approving the demand for using foreign workers is the Employment Bureau (Ministry of Labor, Invalids and Social Affairs); the Chairman of the People's Committee of provinces and centrally-run cities; the Department of Labor, Invalids and Social Affairs or the Management Board of industrial parks, export processing zones, economic zones, and high-tech parks where authorized by law.

Article 2. Applicability

4. The agency issuing work permits as prescribed in Article 3 of Circular No. 40/2016/TT-BLDTBXH dated October 25, 2016 of the Minister of Labor, Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 11/2016/NĐ-CP (hereinafter referred to as Circular No. 40/2016/TT-BLDTBXH).

5. Other relevant agencies, organizations, and individuals.

1. Electronic transactions in the issuance of work permits for foreign workers working in Vietnam (hereinafter referred to as issuance of work permits for foreign workers) include: approval of demand for using foreign workers; issuance, reissuance of work permits; confirmation of non-requirement for work permit issuance for foreign workers working in Vietnam, which are carried out via electronic means.

2. The electronic portal is the website address http://dvc.vieclamvietnam.gov.vn (hereinafter referred to as the electronic portal), accessible over the internet, for linking and integrating various channels of information, applications, and services related to the issuance of work permits for foreign workers, thereby facilitating their exploitation and use.

3. An electronic transaction account for the issuance of work permits for foreign workers is an account registered by employers to log in to the electronic portal to issue work permits for foreign workers.

Article 3. Explanation of Terms

1. Electronic transactions in the issuance of work permits for foreign workers working in Vietnam (hereinafter referred to as issuing work permits for foreign workers) include: approval of the need to use foreign workers; issuance, reissuance of work permits; confirmation that they do not fall within the scope of issuance of work permits for foreign workers working in Vietnam carried out through electronic means.

2. The electronic portal is the address http://dvc.vieclamvietnam.gov.vn (hereinafter referred to as the electronic portal), accessed on the internet, to link and integrate information channels, applications, and services related to the issuance of work permits for foreign workers, which are used for exploitation and utilization.

3. An electronic transaction account for issuing work permits for foreign workers is an account registered by the employer to log in to the electronic portal to carry out the issuance of work permits for foreign workers.

Article 4. Principles for electronic transactions in issuing work permits to foreign workers

1. Uniformly implement in accordance with the provisions of laws on electronic transactions, management of foreign workers working in Vietnam, and related laws.

2. Ensure continuity, timeliness, clarity, accuracy, fairness, honesty, security, effectiveness, and compliance with legal regulations on information confidentiality and integrity.

3. Employers must have an electronic transaction account to log in to the electronic portal when conducting electronic transactions.

Article 5. Documents for Issuing Work Permits to Foreign Workers

1. The documents for issuing work permits to foreign workers include the application form and attached documents that comply with the provisions of laws on electronic transactions and management of foreign workers working in Vietnam.

2. When the attached documents are in paper form, employers must convert them into electronic documents in Portable Document Format (PDF), Document (DOC, DOCX), or Joint Photographic Experts Group (JPG) formats. The conversion must meet the following requirements:

a) Fully reflect the content of the paper documents;

b) Be converted from paper documents to electronic documents.

3. If the paper documents lose their legal validity, the electronic documents also lose their legal validity.

Chapter II

ISSUING, REISSUING WORK PERMITS, AND CONFIRMATION OF NON-ELIGIBILITY FOR WORK PERMIT ISSUANCE THROUGH ELECTRONIC NETWORKS

Article 6. Approval of Demand for Using Foreign Workers

1. At least 20 days before the planned use of foreign workers, employers (excluding contractors) must submit the application form and report explaining the demand for using foreign workers in accordance with Article 4 of Decree No. 11/2016/NĐ-CP through the electronic portal, except for cases stipulated in Clause 4, 5, and 8 of Article 172 of the Labor Code and Points e and h of Clause 2 of Article 7 of Decree No. 11/2016/NĐ-CP.

In case of changes in the demand for using foreign workers, employers must submit a report explaining the change at least 10 days before the planned use of foreign workers through the electronic portal.

2. Within 12 days from the date of receiving the application form and report explaining the demand for using foreign workers or the report explaining the change in demand, the approving authority shall respond via email to the employer. If the report does not comply with legal regulations, the approving authority shall respond via email to the employer and specify the reasons.

3. After receiving a response indicating that the report explaining the demand for using foreign workers or the report explaining the change in demand complies with legal regulations, the employer must submit the original report directly or through postal services to the approving authority for verification, comparison, and storage in accordance with regulations.

Within no more than 8 working hours from the time of receiving the original report, the approving authority must provide the result to the employer. The employer may collect the result directly or through postal services at the registered address of the employer.

4. If the original report explaining the demand for using foreign workers or the report explaining the change in demand does not match the application form and report submitted through the electronic portal, the approving authority shall respond in writing or via email or notify the employer directly.

Article 7. Issuance of Work Permits

1. At least seven working days before the foreign worker is expected to start working for the employer, the employer must fill out the application form and submit the application dossier for issuance of work permit in accordance with Article 10 of Decree No. 11/2016/NĐ-CP to the competent authority through the electronic portal.

2. Within five working days from the date of receipt of the application form and the application dossier for issuance of work permit that comply with the provisions of the law, the competent authority shall notify the result via email to the employer. In case the application form and the application dossier for issuance of work permit have not been completed in accordance with the provisions of the law, the competent authority shall notify the result via email to the employer and specify the reasons.

3. After receiving the notification that the application dossier for issuance of work permit complies with the provisions of the law, the employer shall submit the original application dossier for issuance of work permit directly or through postal service to the competent authority for verification, comparison, and archiving in accordance with the regulations.

Within eight hours from the date of receipt of the original application dossier for issuance of work permit, the competent authority must return the result to the employer. The employer may collect the result directly or through postal service at the registered address of the employer.

4. In case the original application dossier for issuance of work permit does not match the application form and the application dossier for issuance of work permit submitted through the electronic portal, the competent authority shall notify in writing or via email or inform directly to the employer.

Article 8. Reissuance of Work Permits

1. In case of reissuing work permits as prescribed in Article 13 of Decree No. 11/2016/NĐ-CP, the employer must fill out the application form and submit the application dossier for reissuance of work permit in accordance with Article 14 of Decree No. 11/2016/NĐ-CP to the competent authority through the electronic portal.

2. Within three working days from the date of receipt of the application form and the application dossier for reissuance of work permit that comply with the provisions of the law, the competent authority shall notify the result via email to the employer. In case the application form and the application dossier for reissuance of work permit have not been completed in accordance with the provisions of the law, the competent authority shall notify the result via email to the employer and specify the reasons.

3. After receiving the notification that the application dossier for reissuance of work permit complies with the provisions of the law, the employer shall submit the original application dossier for reissuance of work permit directly or through postal service to the competent authority for verification, comparison, and archiving in accordance with the regulations.

Within eight hours from the date of receipt of the original application dossier for reissuance of work permit, the competent authority must return the result to the employer. The employer may collect the result directly or through postal service at the registered address of the employer.

4. In case the original application dossier for reissuance of work permit does not match the application form and the application dossier for reissuance of work permit submitted through the electronic portal, the competent authority shall notify in writing or via email or inform directly to the employer.

Article 9. Confirmation that foreign workers do not require work permit issuance

1. At least five working days before the date when foreign workers are expected to start working for the employer, the employer must declare information on the application form and submit the application dossier for confirmation that foreign workers do not require work permit issuance in accordance with Clause 3, Article 8 of Decree No. 11/2016/ND-CP to the authority issuing work permits through the electronic portal, except for cases stipulated in Clauses 4 and 5, Article 172 of the Labor Code and Point e, Clause 2, Article 7 of Decree No. 11/2016/ND-CP.

2. Within three working days from the date of receiving the declaration form and the application dossier for confirmation that foreign workers do not require work permit issuance in compliance with the provisions of the law, the authority issuing work permits shall notify the result via email to the employer. In case the declaration form and the application dossier for confirmation that foreign workers do not require work permit issuance have not been completed in accordance with the provisions of the law, the authority issuing work permits shall notify the result via email to the employer and specify the reasons.

3. After receiving the notification that the application dossier for confirmation that foreign workers do not require work permit issuance is in compliance with the provisions of the law, the employer shall submit the original application dossier for confirmation that foreign workers do not require work permit issuance directly or through postal service to the authority issuing work permits for verification, comparison, and archiving in accordance with the regulations.

Within eight hours of working time from the date of receipt of the original application dossier for confirmation that foreign workers do not require work permit issuance, the authority issuing work permits must return the result to the employer. The employer may collect the result directly or through postal service at the address registered by the employer.

4. In case the original application dossier for confirmation that foreign workers do not require work permit issuance does not match the declaration form and the application dossier for confirmation that foreign workers do not require work permit issuance previously submitted through the electronic portal, the authority issuing work permits shall notify in writing or via email or inform directly to the employer.

Chapter III

MANAGEMENT OF ELECTRONIC WORK PERMIT DATA

Article 10. Data Entry in the Field of Work Permit Issuance for Foreign Workers Before Implementing Electronic Transactions

1. If the authority issuing work permits already has a database in the field of work permit issuance for foreign workers, it shall coordinate with the Department of Employment, Ministry of Labor, Invalids and Social Affairs (hereinafter referred to as the Department of Employment) to synchronize data through the electronic portal.

2. If the authority issuing work permits has not yet established a database, it shall be responsible for updating the existing valid work permit data of foreign workers onto the electronic portal.

Article 11. Data Security and Information Sharing

1. Ensure the capability to detect, warn, and prevent unauthorized access and various forms of attacks in the network environment to ensure the security and integrity of data exchanged between participating parties.

2. Implement procedures for data backup, online data backup, and data recovery; have the ability to recover data in case of electronic data failure. Electronic evidence during ongoing transactions with the requirement of retaining the original electronic data message must be stored in the system and accessible online.

3. Electronic transaction logs must be stored for a minimum of five years from the date of successful transaction completion. Ensure the retention of information in the electronic transaction log.

Chapter IV

IMPLEMENTATION

Article 12. Responsibilities of the Employment Agency

1. Organize publicity and dissemination of the provisions of this Circular and relevant laws on the management of foreign workers working in Vietnam through the electronic information portal and other communication means.

2. Manage, guide, and inspect the issuance of work permits for foreign workers through the electronic information portal.

3. Aggregate and report on the implementation of work permit issuance for foreign workers through the electronic information portal.

4. Continuously connect, ensure security, and maintain integrity of information regarding applications and necessary conditions for issuing work permits for foreign workers.

5. Operate the electronic information portal to receive and process data for electronic work permit issuance, ensuring continuity, integrity, security, safety, and confidentiality.

6. Issue electronic transaction accounts and passwords, assign access permissions, update information, manage, use, and share information with related agencies, organizations, and individuals according to regulations.

7. Supervise the exploitation, sharing of information and data, ensuring information security, system safety.

8. Regularly back up data weekly, monthly, and annually to prevent data loss or damage during management and use. Store data related to foreign workers working in Vietnam for at least five years.

Article 13. Responsibilities of the People's Committee of Provinces and Central Cities

1. Direct local functional agencies to organize publicity and dissemination of work permit issuance regulations for foreign workers through the electronic information portal, inspect, audit, and handle violations according to the law.

2. Ensure financial resources, technical infrastructure, and information security and safety during implementation.

3. Approve the demand for using foreign labor through the electronic information portal or delegate to authorized agencies.

Article 14. Responsibilities of the Department of Labor, Invalids and Social Affairs

1. Implement work permit issuance for foreign workers through the electronic information portal within their jurisdiction.

2. Organize publicity and dissemination of work permit issuance regulations for foreign workers through the electronic information portal to agencies, organizations, and enterprises requiring foreign labor within their jurisdiction.

3. Provide information on work permit issuance implementation through the electronic information portal within their jurisdiction upon request from competent state agencies.

Article 15. Responsibilities of Employers

1. Have the responsibility to truthfully declare information and protect account access information, access the correct address and password, and not disclose the provided access address and password.

2. Exploit and use information and data within the scope granted, for the intended purpose, without unauthorized intrusion into the system.

3. Manage the content of exploited information and data, not provide it to other organizations or individuals unless agreed upon and permitted by the Employment Agency.

4. Not alter, delete, cancel, copy, disclose, display, or illegally move part or all of the information and data, not create or disseminate software programs that disrupt, change, or destroy the system, promptly notify the Employment Agency of any errors in the provided information and data.

Chapter V

IMPLEMENTING PROVISIONS

Article 16. Effectiveness and Implementation

1. This Circular shall take effect from October 2, 2017.

2. Employers may choose one of the following two options to submit reports explaining labor demand; applications for issuance and reissuance of work permits; and applications for confirmation of non-requirement for work permit:

a) Submit directly or through postal service to the approving authority and the issuing authority of work permits;

b) Submit through the electronic portal.

3. Any difficulties encountered during implementation should be reported to the Ministry of Labor, Invalids and Social Affairs for timely guidance and supplementation./.