✦ Tóm lược thông minh
THIS CIRCULAR GUIDES THE IMPLEMENTATION OF THE PROVISIONS OF GOVERNMENT DECREE No. 34/2008/NĐ-CP AND GOVERNMENT DECREE No. 46/2011/NĐ-CP ON THE RECRUITMENT AND MANAGEMENT OF FOREIGN WORKERS IN VIETNAM. IT APPLIES TO ENTERPRISES, ORGANIZATIONS, FOREIGN CONTRACTORS, AND FOREIGN WORKERS. THE KEY POINT IS THE RECRUITMENT PROCESS, MANAGEMENT, ISSUANCE OF WORK PERMITS, AND THE OBLIGATIONS OF THE INVOLVED PARTIES.
Đối tượng áp dụng
ENTERPRISES, ORGANIZATIONS, FOREIGN CONTRACTORS, FOREIGN WORKERS, DEPARTMENT OF LABOR - INVALIDS AND SOCIAL AFFAIRS, PEOPLE'S COMMITTEES OF PROVINCES/CITY DIRECTLY UNDER THE CENTRAL GOVERNMENT, EMPLOYMENT AGENCY OF THE MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS.
Các điểm cốt lõi
- FOREIGN ENTERPRISES/ORGANIZATIONS → MUST ANNOUNCE THE RECRUITMENT OF VIETNAMESE WORKERS BEFORE RECRUITING FOREIGN WORKERS (THIRTY DAYS), SUBMIT COPIES OF LABOR CONTRACTS AND WORK PERMITS TO THE AUTHORITY AFTER CONCLUDING THE CONTRACT.
- FOREIGN WORKERS → ARE ALLOWED TO ADJUST AND SUPPLEMENT THE NUMBER OF LABORERS EXPECTED WITHIN THIRTY DAYS BEFORE IMPLEMENTING THE CONTRACT OR PROJECT.
- DEPARTMENT OF LABOR - INVALIDS AND SOCIAL AFFAIRS → IS RESPONSIBLE FOR ISSUING WORK PERMITS, MANAGING FILES, AND REPORTING REGULARLY ON THE SITUATION OF FOREIGN WORKERS.
- EMPLOYERS/FOREIGN NON-GOVERNMENTAL ORGANIZATIONS → MUST COMPLETE PROCEDURES TO APPLY FOR/EXTEND/REISSUE WORK PERMITS FOR FOREIGN WORKERS.
- FOREIGN WORKERS WORKING IN VIETNAM FOR NO MORE THAN THREE MONTHS → ARE EXEMPT FROM OBTAINING WORK PERMITS.
🌐 Tác động xã hội từ văn bản này
- EASE THE RECRUITMENT AND MANAGEMENT PROCESSES FOR FOREIGN ENTERPRISES AND CONTRACTORS REGARDING FOREIGN WORKERS.
- REDUCE THE ADMINISTRATIVE BURDEN FOR ALL INVOLVED PARTIES.
- IMPROVE THE EFFICIENCY OF HUMAN RESOURCE USE BETWEEN VIETNAM AND FOREIGN COUNTRIES.
- INCREASE TRAINING AND INTRODUCING VIETNAMESE WORKERS TO REPLACE FOREIGN WORKERS.
- STRENGTHEN STRICT MANAGEMENT OVER THE USE OF FOREIGN WORKERS.
❓ Câu hỏi thường gặp
HOW LONG CAN FOREIGN WORKERS WORK IN VIETNAM WITHOUT A WORK PERMIT?
NOT MORE THAN THREE MONTHS.
WHAT MUST FOREIGN ENTERPRISES/CONTRACTORS DO TO ANNOUNCE THE RECRUITMENT OF VIETNAMESE WORKERS BEFORE RECRUITING FOREIGN WORKERS?
AT LEAST THIRTY DAYS IN ADVANCE, ANNOUNCE IN AT LEAST ONE NATIONAL OR LOCAL NEWSPAPER THROUGH WRITTEN, AUDIO, VIDEO, OR ONLINE NEWS.
WHEN ARE FOREIGN WORKERS NOT REQUIRED TO HAVE A WORK PERMIT IN VIETNAM?
WHEN THE DURATION IS LESS THAN THREE MONTHS; WORKING AS HEAD OF REPRESENTATIVE OFFICE, HEAD OF PROJECT OFFICE, OR FOREIGN PERSONNEL APPOINTED BY FOREIGN NON-GOVERNMENTAL ORGANIZATIONS TO REPRESENT ACTIVITIES IN VIETNAM.
WHAT PROCEDURES MUST EMPLOYERS FOLLOW TO RENEW WORK PERMITS?
SUBMIT APPLICATIONS FOR RENEWAL OF WORK PERMITS, PREPARE NECESSARY DOCUMENTS, AND COMPLY WITH LEGAL REQUIREMENTS.
WHAT RESPONSIBILITIES DOES THE DEPARTMENT OF LABOR - INVALIDS AND SOCIAL AFFAIRS HAVE IN MANAGING FOREIGN WORKERS IN VIETNAM?
ISSUE WORK PERMITS, MANAGE FILES, AND REPORT REGULARLY ON THE SITUATION OF FOREIGN WORKERS.
Toàn văn
CIRCULAR
Guidelines for Implementing Certain Provisions of Decree No. 34/2008/NĐ-CP dated March 25, 2008 of the Government
and Decree No. 46/2011/NĐ-CP dated June 17, 2011 of the Government Amending and Supplementing Certain Provisions of Decree No. 34/2008/NĐ-CP dated March 25, 2008 of the Government
on Recruitment and Management of Foreign Workers in Vietnam
Regarding Recruitment and Management of Foreign Workers in Vietnam
________________________
Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;
Pursuant to Decree No. 34/2008/NĐ-CP dated March 25, 2008 of the Government on Recruitment and Management of Foreign Workers in Vietnam;
Pursuant to Decree No. 46/2011/NĐ-CP dated June 17, 2011 of the Government Amending and Supplementing Certain Provisions of Decree No. 34/2008/NĐ-CP dated March 25, 2008 of the Government on Recruitment and Management of Foreign Workers in Vietnam;
The Ministry of Labor, Invalids and Social Affairs issues guidelines for implementing certain provisions of Decree No. 34/2008/NĐ-CP dated March 25, 2008 of the Government on Recruitment and Management of Foreign Workers in Vietnam and Decree No. 46/2011/NĐ-CP dated June 17, 2011 of the Government Amending and Supplementing Certain Provisions of Decree No. 34/2008/NĐ-CP dated March 25, 2008 of the Government on Recruitment and Management of Foreign Workers in Vietnam (hereinafter referred to as Decree No. 34/2008/NĐ-CP as amended and supplemented) as follows:
PART I
GENERAL PROVISIONS
Article 1. Scope and Applicability
The scope and subjects of application of this Circular are those specified in Article 1 of Decree No. 34/2008/NĐ-CP as amended and supplemented, including project sponsors and foreign contractors. The subjects of application as stipulated in Points a and l, Clause 2, Article 1 of Decree No. 34/2008/NĐ-CP as amended and supplemented shall be implemented as follows:
1. Enterprises operating under the Law on Enterprises and the Investment Law, as provided for in Point a, Clause 2, Article 1 of Decree No. 34/2008/NĐ-CP as amended and supplemented include:
a) State-owned companies operating under the Law on State-Owned Enterprises 2003, which continue to operate according to Article 166 of the Enterprise Law dated November 29, 2005;
b) Limited liability companies, joint-stock companies, private enterprises, and partnerships established under the Enterprise Law 1999, which continue to operate according to Clause 1, Article 170 of the Enterprise Law dated November 29, 2005;
c) Foreign-invested enterprises that have been granted Investment Licenses under the Law on Foreign Investment in Vietnam, including:
- Joint ventures;
- Wholly foreign-owned enterprises;
- Joint-stock companies with foreign investment capital established pursuant to Decree No. 38/2003/NĐ-CP dated April 15, 2003 of the Government on the conversion of certain foreign-invested enterprises to operate under the form of joint-stock companies;
- Investment projects carried out under cooperation contracts that have been granted Investment Licenses in accordance with the Law on Foreign Investment in Vietnam.
2. Associations and business associations established in accordance with Vietnamese law as provided for in Point l, Clause 2, Article 1 of Decree No. 34/2008/NĐ-CP as amended and supplemented, include:
a) Business associations established and operating in accordance with Decree No. 45/2010/NĐ-CP dated April 21, 2010 of the Government on the organization, operation, and management of associations;
b) Foreign business associations established and operating in accordance with Decree No. 8/1998/NĐ-CP dated January 22, 1998 of the Government promulgating the Regulations on the establishment of foreign business associations in Vietnam.
Chapter II
RECRUITMENT AND MANAGEMENT OF FOREIGN WORKERS IN VIETNAM
Article 2. Recruitment of foreigners to work in Vietnam under labor contracts
1. The foreigner's job application form in accordance with point a, Clause 2, Article 4 of Decree No. 34/2008/ND-CP, which has been amended and supplemented, shall be implemented according to Model No. 1 attached hereto.
2. The certification of the foreigner's high professional and technical qualifications in accordance with point d, Clause 2, Article 4 of Decree No. 34/2008/ND-CP, which has been amended and supplemented, is a document certifying the foreigner's high professional and technical qualifications, including: a degree or certificate of graduation from a university or higher education institution that is suitable for the position the foreigner intends to undertake.
For certain occupations and jobs, the certification of the foreigner's high professional and technical qualifications shall be carried out in accordance with point d, Clause 2, Article 4 of Decree No. 34/2008/ND-CP, which has been amended and supplemented.
3. The employer must notify the demand for recruiting Vietnamese workers to fill positions intended for foreign recruitment in accordance with point a, Clause 4, Article 4 of Decree No. 34/2008/ND-CP, which has been amended and supplemented, as follows:
a) At least thirty (30) days before recruiting foreigners, the employer must notify the demand for recruiting Vietnamese workers to fill positions intended for foreign recruitment on at least one (1) central newspaper and at least one (1) local newspaper through one of the following forms: printed press, radio, television, or online media regarding the number of people needed, job positions, professional qualifications, salary levels and other income, working conditions, and other relevant information if required by the employer.
In case the employer has notified at least two (2) central newspapers and two (2) local newspapers about the recruitment of Vietnamese workers in accordance with the regulations but has not recruited anyone, then within a period of thirty-six (36) months from the last notification, the employer may recruit foreigners without having to notify the demand for recruiting workers on central and local newspapers.
b) The application dossier for a work permit for foreigners recruited under labor contracts in accordance with Article 4 of Decree No. 34/2008/ND-CP, which has been amended and supplemented, and for foreigners who have already obtained a work permit in accordance with point b, Clause 3, Article 9 of Decree No. 34/2008/ND-CP, which has been amended and supplemented, must include a document proving that the employer has notified the demand for recruiting Vietnamese workers to fill positions intended for foreign recruitment in accordance with point a, Clause 3 of this Article.
4. Documents specified in points b, c, and d, Clause 2, Article 4 of Decree No. 34/2008/ND-CP, which have been amended and supplemented, shall be implemented as follows:
Documents specified in points b, c, and d, Clause 2, Article 4 of Decree No. 34/2008/ND-CP, which have been amended and supplemented, if in a foreign language, must be translated into Vietnamese, certified, or authenticated. Legalization of foreign documents shall be carried out in accordance with Vietnamese law.
5. Execution of labor contracts in accordance with point d, Clause 4, Article 4 of Decree No. 34/2008/ND-CP, which has been amended and supplemented, shall be implemented as follows:
After the foreigner obtains a work permit, the employer and the foreigner must enter into a written labor contract in accordance with Vietnamese labor law before the date the foreigner is expected to start working for the employer. Within five (5) working days from the date of signing the labor contract, the employer is responsible for sending a copy of the signed labor contract and a copy of the issued work permit to the authority that issued the work permit to the foreigner. The contents of the labor contract must not contradict the contents recorded in the issued work permit.
Article 3. Foreign individuals entering Vietnam to implement tender packages or projects of foreign contractors that have won bids in Vietnam
Clause 1. The labor utilization plan in the tender invitation documents and request documents of the project owner, as stipulated in Clause 1 of Article 6a of Decree No. 34/2008/ND-CP, which has been amended and supplemented, shall be implemented according to Model No. 2 issued together with this Circular.
Clause 2. Foreign contractors shall report and request in writing to the Chairman of the People's Committee of the province or centrally governed city, as stipulated in Clause 3 of Article 6a of Decree No. 34/2008/ND-CP, which has been amended and supplemented, as follows:
Within 30 (thirty) days before the foreign contractor implements the tender package or project that they have won, the foreign contractor shall be responsible for reporting and requesting in writing to the Chairman of the People's Committee of the province or centrally governed city where the foreign contractor will implement the tender package or project that they have won about the recruitment of Vietnamese workers confirmed by the project owner regarding the labor utilization plan declared in the bid proposal or submission document, implemented according to Model No. 3 issued together with this Circular.
In case the foreign contractor needs to adjust or supplement the number of workers determined in the bid proposal or submission document, they must report to the Department of Labor, Invalids and Social Affairs of the locality where the foreign contractor will implement the tender package or project that they have won about the adjustment and supplementation plan for labor demand and have confirmation from the project owner according to Model No. 4 issued together with this Circular.
Clause 3. Introducing and supplying Vietnamese workers according to the request of foreign contractors as stipulated in Clause 4 of Article 6a of Decree No. 34/2008/ND-CP, which has been amended and supplemented, shall be implemented as follows:
Within a maximum period of 60 (sixty) days from the date the Chairman of the People's Committee of the province or centrally governed city receives the written request to recruit 500 (five hundred) or more Vietnamese workers, and within 30 (thirty) days for requests to recruit less than 500 (five hundred) Vietnamese workers, if the Chairman of the People's Committee of the province or centrally governed city does not introduce or supply Vietnamese workers to the foreign contractor as requested above, then the Chairman of the People's Committee of the province or centrally governed city shall consider and decide on allowing the foreign contractor to recruit foreign individuals for positions that cannot recruit Vietnamese workers, including: position, quantity, professional qualifications, experience, duration of work.
Clause 4. For foreign contractors currently implementing projects or tender packages that were won before the effective date of Decree No. 46/2011/ND-CP dated June 17, 2011 of the Government (August 1, 2011), within 30 (thirty) days from the effective date of this Circular, the foreign contractor must report the current status of Vietnamese workers and foreign individuals working at the won tender packages or projects, including: quantity, nationality, qualifications, position, number of individuals who have been granted work permits, number of individuals not eligible for work permits, and number of individuals who have not yet obtained work permits, clearly stating reasons and corrective measures; report the plan to use foreign individuals and Vietnamese workers until the completion of the project or tender package to the Chairman of the People's Committee of the province or centrally governed city where the tender package or project is being implemented, clearly stating the demand to recruit Vietnamese workers to replace foreign individuals currently working and the positions planned to recruit foreign individuals. If Vietnamese workers are not introduced or supplied to the foreign contractor, the Chairman of the People's Committee of the province or centrally governed city shall consider and decide on allowing the foreign contractor to use foreign individuals for positions that cannot recruit Vietnamese workers.
Article 4. Foreigners entering Vietnam to offer services
Foreigners entering Vietnam to offer services in accordance with Article 7 of Decree No. 34/2008/NĐ-CP, as amended and supplemented, shall be implemented as follows:
At least seven (7) working days before the date when the foreigner arrives to offer services, they must notify in writing through direct delivery or sending via postal service or fax to the Department of Labor, Invalids and Social Affairs of the locality where the foreigner is expected to offer services, containing the following information: name, age, nationality, passport number, start and end date of work, specific job of the foreigner according to Model No. 5 issued together with this Circular.
Article 5. Foreigners working in Vietnam without a labor permit
1. Less than three (3) months as stipulated in point a, Clause 1, Article 9 of Decree No. 34/2008/NĐ-CP, as amended and supplemented, shall be implemented as follows:
The period of less than three (3) months is determined as the continuous time from the day the foreigner begins to enter Vietnam to work for the employer, Vietnamese partner, or representative of a foreign non-governmental organization until the corresponding day of the third month, minus one day.
Foreigners entering Vietnam to work for less than three (3) months must comply with the provisions set out in points a and b, Clause 4, Article 4 of Decree No. 34/2008/NĐ-CP, as amended and supplemented.
2. Foreigners serving as Head of Representative Office, Head of Project Office, or foreigners appointed by foreign non-governmental organizations to represent activities in Vietnam as stipulated in point h, Clause 1, Article 9 of Decree No. 34/2008/NĐ-CP, as amended and supplemented, are foreigners specified in the Representative Office Establishment Permit, Project Office Establishment Permit, or the Operation Permit of the foreign non-governmental organization permitted to establish and operate under Vietnamese law.
3. Foreigners as stipulated in points b, c, and d, Clause 1, Article 9 of Decree No. 34/2008/NĐ-CP, as amended and supplemented, do not need to obtain a labor permit when working at enterprises or organizations. In cases where such foreigners work at other enterprises or organizations in Vietnam for three (3) months or more, they must obtain a labor permit.
Article 6. Sample of labor permit
1. The sample of labor permit as stipulated in Clause 2, Article 9 of Decree No. 34/2008/NĐ-CP, as amended and supplemented, shall be implemented as follows:
a) Format of the labor permit:
The labor permit has a size of A4 (21 cm x 29.7 cm), consisting of four pages; page 1 and page 4 are blue peace color, laminated; page 2 and page 3 have a white background with light blue patterns, with a star in the center.
b) Content of the labor permit, according to Model No. 6 issued together with this Circular.
2. The labor permit is organized for printing and distribution uniformly by the Employment Bureau under the Ministry of Labor, Invalids and Social Affairs.
Article 7. Issuance of Work Permits
1. The application for a labor permit by the employer, Vietnamese partner, or representative of a foreign non-governmental organization in the dossier as stipulated in point a, Clause 3, Article 9 of Decree No. 34/2008/NĐ-CP, as amended and supplemented, shall be carried out according to Model No. 7 issued together with this Circular.
2. Criminal record certificate and health certificate as stipulated in points b and c, Clause 2, Article 4 of Decree No. 34/2008/NĐ-CP, as amended and supplemented, shall be issued by competent authorities within 180 (one hundred eighty) days from the date of submitting the application dossier for a labor permit.
3. The place where the foreigner regularly works as stipulated in point a, Clause 5, Article 9 of Decree No. 34/2008/NĐ-CP, as amended and supplemented, is defined as the location where the foreigner spends all working hours for the employer or Vietnamese partner, or representative of a foreign non-governmental organization in a province or centrally-administered city.
4. Foreigners who have been granted a labor permit but whose permit has expired or become invalid as stipulated in point b, Clause 3, Article 9 of Decree No. 34/2008/NĐ-CP, as amended and supplemented, and wish to work for another enterprise in the same position as stated in the labor permit, within thirty (30) days from the date the labor permit expires or becomes invalid, must provide documents as stipulated in points c and d, Clause 2, Decree No. 34/2008/NĐ-CP, as amended and supplemented, and the labor permit already issued or a copy of the labor permit already issued.
Article 8. Extension of Work Permit
1. The dossier for requesting extension of work permit for foreign workers working under labor contracts as stipulated in point a, Clause 2, Article 10 of Decree No. 34/2008/NĐ-CP, amended and supplemented, includes:
a) A request for extension of work permit from the employer according to Form No. 8 issued together with this Circular;
b) A copy of the vocational training contract signed between the enterprise and Vietnamese workers to train Vietnamese workers to replace the job currently held by the foreign worker, or a document proving that the program or plan for training Vietnamese workers has been implemented as prescribed in Clause 1, Article 132 of the Labor Code to replace the job currently held by the foreign worker. The content of the training program or plan includes: the number of people to be trained for each position, the duration and form of training, the training location, the organization of training implementation, and the training results;
c) A copy of the labor contract;
d) The previously issued work permit;
2. The dossier for requesting extension of work permit for foreign workers transferring within the enterprise includes:
a) A request for extension of work permit from the representative of the foreign enterprise established with commercial presence in Vietnam according to Form No. 8 issued together with this Circular;
b) A document proving that the foreign worker transferring within the enterprise continues to work in Vietnam;
c) The previously issued work permit.
3. The dossier for requesting extension of work permit for foreign workers as stipulated in point b, Clause 2, Article 10 of Decree No. 34/2008/NĐ-CP, amended and supplemented, includes:
a) A request for extension of work permit from the Vietnamese partner according to Form No. 8 issued together with this Circular;
b) A copy of the contract signed between the Vietnamese partner and the foreign partner;
c) The previously issued work permit.
Article 9. Reissue of Work Permit
The request for reissuing work permit for foreign workers as stipulated in point a, Clause 2, Article 11 of Decree No. 34/2008/NĐ-CP, amended and supplemented, shall be carried out according to Form No. 9 issued together with this Circular.
Article 10. Use of Work Permit
1. Using work permit as stipulated in Clause 1, Article 13 of Decree No. 34/2008/NĐ-CP, amended and supplemented, shall be implemented as follows:
Foreign workers are responsible for keeping the issued work permit while it remains valid. At the latest two days after the work permit expires or becomes invalid, the foreign worker must submit the work permit to the employer or the Vietnamese partner, or the representative of the foreign non-governmental organization.
2. Notification in writing about foreign workers coming to work as stipulated in Clause 3, Article 13 of Decree No. 34/2008/NĐ-CP, amended and supplemented, shall be implemented as follows:
When foreign workers come to work in provinces or centrally-run cities (not the province or city where they regularly work) for ten consecutive days or thirty cumulative days within one year, the employer or the Vietnamese partner, or the representative of the foreign non-governmental organization must notify in writing about the foreign workers coming to work, including their name, age, nationality, passport number, issued work permit number, start and end date of work, job responsibilities, and workplace of the foreign workers according to Form No. 10 issued together with this Circular, along with a copy of the issued work permit to the Department of Labor, Invalids and Social Affairs where the foreign workers come to work.
Article 11. Foreigners who are spouses of members of diplomatic and consular missions of foreign countries, representatives of intergovernmental international organizations; students and trainees coming to Vietnam for internships at enterprises, agencies, and organizations in Vietnam
1. For foreigners who are spouses of individuals enjoying diplomatic and consular privileges and immunities working for enterprises and organizations in Vietnam as prescribed in Clause 1, Article 20 of Decree No. 34/2008/NĐ-CP, which has been amended and supplemented, shall be implemented as follows:
a) In cases where the agreement between Vietnam and the relevant country does not provide for exemption from obtaining a work permit for the spouse of a member of a diplomatic or consular mission, or a representative of an intergovernmental international organization participating in work in Vietnam, the application for registration as a laborer of this person shall include the documents specified in Points c, d, and đ of Clause 2, Article 4 of Decree No. 34/2008/NĐ-CP, which has been amended and supplemented, along with a copy of the document issued by the Ministry of Foreign Affairs (Protocol Department) responding to the diplomatic or consular mission of the foreign country or the representative of an intergovernmental international organization regarding the permission for the foreigner to work in Vietnam according to the relevant international agreement, and simultaneously present the original for verification.
b) The validity period of the work permit issued shall not exceed the duration of stay of the spouse and a maximum of thirty-six months;
c) The procedure for issuing a work permit shall be carried out in accordance with the provisions of Clause 5, Article 9 of Decree No. 34/2008/NĐ-CP, which has been amended and supplemented;
d) In cases where a foreigner holding a work permit no longer falls within the category permitted to work under the agreement between Vietnam and the relevant country, the Ministry of Foreign Affairs (Protocol Department) shall issue a notification to the Department of Labor - Invalids and Social Affairs that issued the work permit to revoke the work permit of this person.
2. For foreign students and trainees studying at schools and training institutions abroad who come to Vietnam for internships as prescribed in Clause 1, Article 20 of Decree No. 34/2008/NĐ-CP, which has been amended and supplemented, shall be implemented as follows:
Enterprises, agencies, and organizations in Vietnam having foreign students and trainees studying at schools and training institutions abroad for internships shall report a list of such individuals on Form No. 11 issued together with this Circular seven days (working days) before the date of arrival of the students and trainees for internship.
Chapter III
IMPLEMENTATION
Article 12. Responsibilities of Provincial People's Committees and Municipal People's Committees directly under the Central Government
1. Direct local functional agencies to organize propaganda and dissemination of laws; inspection and supervision; handling violations of regulations on the recruitment and management of foreigners working in the locality.
2. Direct the Department of Labor - Invalids and Social Affairs of the locality and related agencies and organizations to introduce and supply Vietnamese workers to foreign contractors in accordance with the provisions of Clause 4, Article 6a of Decree No. 34/2008/NĐ-CP, which has been amended and supplemented.
3. Examine and decide on the permission for foreign contractors to recruit foreigners for positions that cannot be filled by Vietnamese workers in accordance with the provisions of Clause 4, Article 6a of Decree No. 34/2008/NĐ-CP, which has been amended and supplemented.
Article 13. Responsibilities of the Department of Labor, Invalids, and Social Affairs
1. Organize the dissemination of Vietnam's labor laws to enterprises, organizations, project sponsors, contractors, and workers in the locality.
2. Receive applications and issue work permits, extend work permits, and reissue work permits for foreigners in accordance with the law. When receiving applications for work permits, applications for extension of work permits, and applications for reissuance of work permits, they must be recorded in a tracking log and a receipt given to the employer or the Vietnamese partner, or the representative of a non-governmental foreign organization. The receipt must clearly state the date and time of receipt of the application, the documents included in the application, and the response deadline. Retain the files for issuance of work permits, extension of work permits, and reissuance of work permits.
3. Implement the introduction and supply of labor to foreign contractors in accordance with the directives of the Chairman of the Provincial People's Committee.
4. Guide, inspect, and supervise the implementation of legal regulations on the recruitment and management of foreigners working in Vietnam by enterprises, agencies, organizations, projects, and contracts won by foreign contractors in the locality; cases where work permits have expired or become invalid.
5. Regularly, before the fifth day of each month, the Department of Labor - Invalids and Social Affairs shall send a list of foreigners who have been granted, extended, and reissued work permits to the local immigration management agency in accordance with Form No. 12 issued together with this Circular.
Article 14. Responsibilities of the employer, the Vietnamese partner, and foreign non-governmental organizations
1. Comply with the provisions of Vietnamese labor laws and other relevant Vietnamese laws.
2. Recruitment of foreign workers through employment agencies shall be conducted with the Employment Introduction Center under the Department of Labor, Invalids, and Social Affairs of the locality pursuant to Model Contract Number 13 issued together with this Circular.
3. Process applications for work permits, extensions of work permits, and reissuance of work permits for foreigners working in Vietnam.
4. Fully implement labor contracts concluded with foreigners working in Vietnam in accordance with the provisions of the law; send copies of such concluded labor contracts to the authority that issued the work permit to such foreigners.
5. Manage the registration files of foreign workers applying for employment in Vietnam, and must regularly supplement related documents concerning foreigners during their period of work in Vietnam.
6. Manage foreigners working at enterprises and organizations.
7. Within fifteen days from the date when the work permit expires or becomes void as stipulated in Article 12 of Decree No. 34/2008/NĐ-CP as amended and supplemented, the employer or the Vietnamese partner, or the representative of the foreign non-governmental organization must submit a written report to the Department of Labor, Invalids, and Social Affairs that issued the work permit regarding cases where the work permit has expired or become void, and attach the expired or void work permit; if the expired or void work permit is not attached, the reason must be clearly stated.
8. Report a list of foreigners working in Vietnam who are not required to obtain a work permit as stipulated in Clause 1, Article 9 of Decree No. 34/2008/NĐ-CP as amended and supplemented according to Model Number 11 issued together with this Circular, and attach the relevant documents of the foreigners as stipulated in Clause 6, Article 9 of Decree No. 34/2008/NĐ-CP as amended and supplemented to the Department of Labor, Invalids, and Social Affairs where the main office is located or where the foreigners regularly work.
9. Pay fees for issuing, extending, and reissuing work permits in accordance with the provisions of the law on fees and charges.
10. Annually before December 15, the employer must register the demand for recruitment and utilization of foreigners for the following year in accordance with Clause 7, Article 19 of Decree No. 34/2008/NĐ-CP as amended and supplemented regarding the number, professional qualifications, experience, salary level, working period (start and end dates) for each job position with the Department of Labor, Invalids, and Social Affairs of the local department pursuant to Model Number 14 issued together with this Circular. In case of changes in the demand for utilizing foreigners, the employer must register additional demands for recruitment and utilization of foreigners at least thirty days prior to the date the employer notifies the demand for recruiting foreigners to the Department of Labor, Invalids, and Social Affairs of the local department pursuant to Model Number 15 issued together with this Circular.
Article 15. Responsibilities of Foreign Nationals
1. Thoroughly study the provisions of Vietnamese law provided by the employer or the Vietnamese partner, or the representative of foreign non-governmental organizations, and prepare necessary documents while complying with the legal regulations on the recruitment and management of foreign nationals; fully comply with Vietnamese laws.
2. Submit application files for labor recruitment, prepare necessary documents for the application of work permits, extension of work permits, and replacement of work permits according to regulations. After obtaining the work permit, foreign nationals and employers must enter into a written labor contract in accordance with Vietnamese labor law regulations.
Article 16. Periodic Reports
1. The project investor shall be responsible for submitting regular reports before the 5th day of the first month of each quarter to the Department of Labor, Invalids and Social Affairs regarding the situation of recruiting and managing foreign workers for foreign contractors in the previous quarter, as stipulated in Clause 6 of Article 6a of Decree No. 34/2008/NĐ-CP, which has been amended and supplemented, following Model No. 16 issued together with this Circular.
2. The Department of Labor, Invalids and Social Affairs shall be responsible for submitting regular annual reports before January 15 each year to the Ministry of Labor, Invalids and Social Affairs (Employment Bureau) about the registration of demand for and use of foreign workers by employers, Vietnamese partners, and foreign non-governmental organizations within their jurisdiction, following Model No. 17 issued together with this Circular. Submit semi-annual and annual reports before July 15 and January 15 each year respectively to the Ministry of Labor, Invalids and Social Affairs (Employment Bureau) about the situation of foreign workers working at enterprises and organizations and foreign workers working for foreign contractors within their jurisdiction, following Model No. 18 issued together with this Circular.
3. Employers, Vietnamese partners, and foreign non-governmental organizations shall be responsible for submitting semi-annual and annual reports before July 5 and January 5 respectively to the local Department of Labor, Invalids and Social Affairs where the enterprise or organization's main office or regular operations are located, about the situation of using foreign workers, following Model No. 19 issued together with this Circular. At the same time, they shall submit ad hoc reports as required by the state labor management agency regarding the situation of using foreign workers.
Article 17. Effective Date
1. This Circular takes effect from December 18, 2011.
2. This Circular replaces Circular No. 08/2008/TT-BLĐTBXH dated June 10, 2008, issued by the Ministry of Labor, Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 34/2008/NĐ-CP dated March 25, 2008, of the Government on the recruitment and management of foreign workers in Vietnam.
During implementation, if there are any difficulties, please reflect them to the Ministry of Labor, Invalids and Social Affairs for prompt guidance and supplementation./.
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Hết hiệu lực
46/2011/NĐ-CP
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Expired
↓ Văn bản chịu tác động từ văn bản này
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08/2008/TT-BLĐTBXH
Thông tư số 08/2008/TT-BLĐTBXH Hướng dẫn thi hành một số điều của Nghị định số 34/2008/NĐ-CP của Chính phủ quy định về tuyển dụng và quản lý người nước ngoài làm việc tại Việt Nam
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03/2014/TT-BLĐTBXH
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Chưa có trong hệ thống
Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.
Bản dịch
Văn bản này có sẵn ở các ngôn ngữ sau:
Tiếng Việt
Thông tư liên tịch số 31/2011/TT-BLĐTBXH Hướng dẫn thi hành một số điều của Nghị định số 34/2008/NĐ-CP ngày 25 tháng 3 năm 2008 của Chính phủ và Nghị định số 46/2011/NĐ-CP ngày 17 tháng 6 năm 2011 của Chính phủ sửa đổi, bổ sung một số điều của Nghị định số 34/2008/NĐ-CP ngày 25 tháng 3 năm 2008 của Chính phủ quy định về tuyển dụng và quản lý người nước ngoài làm việc tại Việt Nam
한국어
연합 고시 제 31 호 2011 년도 TT-BLDTBXH는 정부령 제 34 호 2008 년도 NĐ-CP 및 정부령 제 46 호 2011 년도 NĐ-CP가 2008 년 3 월 25 일과 2011 년 6 월 17 일에 각각 발佈된 정부령 제 34 호 2008 년도 NĐ-CP를 수정하고 보완한 정부령 제 46 호 2011 년도 NĐ-CP의 몇몇 조항을 시행하기 위한 지침을 제공한다. 이는 외국인 근로자를 모집하고 관리하는 것에 관한 규정이다.
中文
通联系统第31/2011/TT-BLDTBX号关于实施政府第34/2008/NĐ-CP号和第46/2011/NĐ-CP号法令有关外国人就业规定的通知