Circular No. 24/2015/TT-BLDTBXH detailing the implementation of Clause 6, Article 14 of Decree No. 87/2014/NĐ-CP dated September 22, 2014 of the Government on attracting individuals engaged in science and technology who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam.

CIRCULAR

Detailed regulations on implementing Clause 6, Article 14 of Decree No. 87/2014/NĐ-CP dated September 22, 2014 of the Government on attracting individuals engaged in science and technology who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam engaging in scientific and technological activities and foreign experts participating in scientific and technological activities in Vietnam

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Pursuant to Decree No. 106/2012/NĐ-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;

Pursuant to Decree No. 87/2014/NĐ-CP dated September 22, 2014 of the Government on attracting individuals engaged in science and technology who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam;

Pursuant to Decree No. 102/2013/NĐ-CP dated September 5, 2013 of the Government detailing certain provisions of the Labor Code regarding foreign laborers working in Vietnam;

At the proposal of the Director of the Employment Department;

The Minister of Labor, Invalids and Social Affairs issues this Circular detailing the implementation of Clause 6, Article 14 of Decree No. 87/2014/NĐ-CP dated September 22, 2014 of the Government on attracting individuals engaged in science and technology who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam (hereinafter referred to as Decree No. 87/2014/NĐ-CP).

Article 1. Scope of Regulation

This Circular stipulates the simplified procedures for issuing work permits for overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam as prescribed in Clause 6, Article 14 of Decree No. 87/2014/NĐ-CP.

Article 2. Applicability

1. Overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam (hereinafter collectively referred to as scientific and technological experts).

2. Agencies and organizations where scientific and technological experts work as specified in Clause 1 of this Article (hereinafter collectively referred to as agencies and organizations).

3. In cases where overseas Vietnamese participating in scientific and technological activities in Vietnam enter the country using a Vietnamese passport, they are not subject to the provisions of this Circular.

Article 3. Work Permit

1. The Work Permit shall be organized for printing and uniformly implemented by the Employment Agency (Ministry of Labor, Invalids and Social Affairs).

2. Work Permit according to Model No. 1 promulgated together with this Circular.

Article 4. Documents for Application for Work Permit

1. The application for issuance of a work permit from the agency or organization as specified in Clause 2 of Article 2 of this Circular sent to the Employment Agency (Ministry of Labor, Invalids and Social Affairs) according to Form No. 2 promulgated together with this Circular.

2. The approval document for the use of scientific and technological experts issued by the competent authority as provided for in Articles 11 and 12 of Decree No. 87/2014/NĐ-CP or the Prime Minister's document approving the use of scientific and technological experts as provided for in Clause 2, Article 3 of Decree No. 87/2014/NĐ-CP.

3. A certified copy of the passport or travel document with equivalent validity or international travel document still valid under the law.

4. Two color photographs (dimensions 3cm x 4cm, white background, frontal view without hat or colored glasses, taken within six months prior to submission of the application).

Article 5. Procedure for Issuing Work Permits

1. At least 10 working days before the date when the science and technology expert is expected to start working in Vietnam, the agency or organization must submit directly one set of application documents for issuing a work permit, or send them via postal service or email through the website http://www.vieclamvietnam.gov.vn to the Employment Agency (Ministry of Labor, Invalids and Social Affairs).

2. Within three working days from the date of receiving complete application documents for issuing a work permit, the Employment Agency (Ministry of Labor, Invalids and Social Affairs) shall issue a work permit for the science and technology expert. In case of not issuing a work permit, it must provide a written response and clearly state the reasons according to Model No. 3 promulgated together with this Circular.

Article 6. Validity Period of Work Permit

The validity period of the work permit issued based on the request of the agency or organization and consistent with the approval document of the competent authority or the Prime Minister's document allowing the use of science and technology experts as stipulated in Clause 2, Article 4 of this Circular but not exceeding two years.

Article 7. Cases for Reissuing Work Permits

1. The work permit is lost, damaged, or the content recorded on the work permit has changed, except in cases where there is a change in the agency or organization.

2. The work permit has expired.

Article 8. Application Documents for Reissuing Work Permits

1. A written request for reissuing a work permit according to Form No. 2 promulgated together with this Circular.

2. The previously issued work permit.

a) In the case of a lost work permit, there must be a confirmation from the Vietnamese police station or foreign police agency as prescribed by law;

b) In the case of changes to the content recorded on the work permit as stipulated in Clause 1, Article 7 of this Circular, there must be supporting documents.

3. Two color photographs (size 3cm x 4cm, white background, frontal view, bare head, without tinted glasses), taken no more than six months prior to the submission of the application documents.

The documents specified in Clause 2 of this Article are one copy accompanied by the original for verification or one certified copy from the original. In the case of foreign documents, they must be legalized by consular authentication and translated into Vietnamese with certification of the translator's signature as prescribed by Vietnamese law.

Article 9. Procedure for Reissuing Work Permits

1. In the case of reissuing a work permit as stipulated in Clause 2, Article 7 of this Circular, within sixty days before the expiration date of the work permit, the agency or organization must submit directly one set of application documents for reissuing a work permit, or send them via postal service or email through the website http://www.vieclamvietnam.gov.vn to the Employment Agency (Ministry of Labor, Invalids and Social Affairs).

2. Within three working days from the date of receiving complete application documents for reissuing a work permit from the agency or organization, the Employment Agency (Ministry of Labor, Invalids and Social Affairs) shall reissue the work permit. In case of not reissuing a work permit, it must provide a written response and clearly state the reasons according to Model No. 3 promulgated together with this Circular.

Article 10. Validity Period of Reissued Work Permit

1. The validity period of the reissued work permit in the case stipulated in Clause 1, Article 7 of this Circular is equal to the validity period of the previously issued work permit minus the time the science and technology expert has worked up to the date of requesting the reissuance of the work permit.

2. The validity period of the reissued work permit in the case stipulated in Clause 2, Article 7 of this Circular is based on the request of the agency or organization and consistent with the approval document of the competent authority or the Prime Minister's document allowing the use of science and technology experts as stipulated in Clause 2, Article 4 of this Circular but not exceeding two years.

Article 11. Receiving Work Permits Issued or Reissued

1. Agencies and organizations shall receive work permits issued or reissued at the Employment Agency's office (Ministry of Labor, Invalids and Social Affairs) or at the address stated on the application for issuance or reissuance of work permits.

2. In cases where agencies and organizations submit applications for issuance of work permits pursuant to Article 4 of this Circular or reissue work permits pursuant to Article 8 of this Circular via email through the website http://www.vieclamvietnam.gov.vn, they must directly submit or send by post one set of documents for issuance or reissuance of work permits as prescribed in Article 4 or Article 8 of this Circular to the Employment Agency (Ministry of Labor, Invalids and Social Affairs) before receiving the work permit.

Article 12. Cases Not Eligible for Work Permit Issuance

1. Foreign experts entering Vietnam to work for less than thirty days are not eligible for work permit issuance.

2. For cases stipulated in Clause 1 of this Article, ten working days prior to the date when foreign experts are expected to commence work in Vietnam, the agency or organization responsible must submit a report as prescribed in this Circular to the Employment Agency (Ministry of Labor, Invalids and Social Affairs). Model No. 4 issued together with this Circular regarding the Employment Agency (Ministry of Labor, War Invalids and Social Affairs).

Article 13. Cases Where Work Permits Cease to Be Valid

1. The work permit has expired.

2. The contract or agreement between the agency, organization and foreign expert has expired or been terminated.

3. The content of the labor contract does not match the content of the issued work permit.

4. The approval document of the competent authority or the permission document of the Prime Minister pursuant to Clause 2 of Article 4 of this Circular has ceased to be valid.

5. A notification from the foreign side terminating the dispatch of foreign experts to work in Vietnam.

6. The enterprise, organization, or partner in Vietnam or non-governmental organization from abroad ceases operations.

7. The foreign expert is sentenced to imprisonment, dies, or is declared dead or missing by a court.

Article 14. Revocation of Work Permits

1. The work permit ceases to be valid as prescribed in Article 13 of this Circular.

2. The work permit is revoked due to the agency, organization or foreign expert failing to comply with the provisions of this Circular.

3. Procedures for revoking work permits:

a) In cases stipulated in Clause 1 of this Article, the agency or organization shall revoke the work permit of the foreign expert and return it to the Employment Agency (Ministry of Labor, Invalids and Social Affairs);

b) In cases stipulated in Clause 2 of this Article, the Director of the Employment Agency (Ministry of Labor, Invalids and Social Affairs) shall issue a decision to revoke the work permit and notify the agency or organization to revoke the work permit of the foreign expert and return it to the Employment Agency (Ministry of Labor, Invalids and Social Affairs).

Article 15. Responsibility for Implementation

1. Responsibilities of the Employment Agency (Ministry of Labor, Invalids and Social Affairs):

a) Organizing the dissemination and popularization of the provisions of this Circular and relevant Vietnamese labor laws to agencies, organizations, and foreign experts;

b) Accepting applications and issuing or reissuing work permits for foreign experts as prescribed in this Circular;

c) Retaining records of issuance and reissuance of work permits in accordance with the law;

d) Inspecting compliance with laws related to the recruitment and management of foreign experts by agencies and organizations;

đ) Revoking work permits submitted by agencies and organizations;

2. Responsibilities of agencies and organizations:

a) Implementing relevant Vietnamese laws concerning foreign experts;

b) Preparing applications and procedures for issuance or reissuance of work permits for foreign experts, and reporting foreign experts who are not eligible for work permits;

c) Managing files and regularly updating and supplementing documents related to foreign experts working at their agencies or organizations;

d) Within ten days from the date the work permit ceases to be valid as prescribed in Article 13 of this Circular, compiling a list of foreign experts along with the revoked work permits and submitting them to the Employment Agency (Ministry of Labor, Invalids and Social Affairs). The list should include: full name; date of birth; nationality; passport number or other travel document; work permit number, date of issuance or reissuance, and reason for each work permit ceasing to be valid.

đ) Managing foreign experts working at their agencies or organizations.

3. Responsibilities of foreign experts:

a) Studying Vietnamese laws regarding foreign workers working in Vietnam, preparing documents for applications for issuance or reissuance of work permits;

b) Strictly complying with laws on the recruitment and management of foreign experts working in Vietnam and other related regulations;

c) Returning work permits that have ceased to be valid to the agency or organization.

Article 16. Effective Date

1. This Circular takes effect from October 1, 2015.

2. For foreign experts who have already been issued work permits under Decree No. 102/2013/NĐ-CP dated September 5, 2013 of the Government detailing the implementation of certain provisions of the Labor Code concerning foreign workers working in Vietnam, such permits will continue to be valid until their expiration without needing to obtain new permits.

If the work permit expires and the foreign expert wishes to continue working, the agency or organization must prepare an application for issuance of a work permit as prescribed in Article 4 of this Circular.

3. During implementation, if there are any difficulties, please reflect them to the Ministry of Labor, Invalids and Social Affairs for timely guidance and supplementation./.