Decree No. 34/2008/ND-CP on the recruitment and management of foreign workers in Vietnam

DECREE

Regulations on the recruitment and management of foreign workers in Vietnam

_______________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Labor Code dated June 23, 1994; Law Amending and Supplementing Certain Provisions of the Labor Code in 2002;

Based on the Investment Law dated November 29, 2005;

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

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope and Applicability

This Decree stipulates the recruitment and management of foreign workers in Vietnam; procedures and formalities for issuing work permits and the use of work permits; responsibilities of foreign workers, employers, and state agencies in the recruitment and management of foreign workers in Vietnam.

The subjects to which this Decree applies are foreign workers working in Vietnam and businesses and organizations in Vietnam that employ foreign workers, specifically as follows:

1. Foreign workers working in Vietnam under the following forms:

a) Performing labor contracts;

b) Internal transfer within a business with a commercial presence in Vietnam;

c) Performing economic, trade, financial, banking, insurance, scientific and technological, cultural, sports, educational, and health contracts;

d) Service provider under a contract;

đ) Offering services;

e) Foreign representatives of non-governmental organizations permitted to operate according to Vietnamese law.

2. Businesses and organizations employing foreign workers, including:

a) Businesses operating under the Enterprise Law and Investment Law;

b) Overseas contractors (main contractors, sub-contractors) undertaking projects in Vietnam;

c) Representative offices and branches of economic, trade, financial, banking, insurance, scientific and technological, cultural, sports, educational, and health organizations;

d) Political-social organizations, political-social-professional organizations, social organizations, social-professional organizations; non-governmental organizations;

đ) State-run units;

e) Health, cultural, educational, and sports facilities established with permission from competent authorities;

g) Offices of foreign or international projects in Vietnam;

h) Management offices of foreign joint venture partners according to business cooperation contracts in Vietnam;

i) Law firms operating in Vietnam according to Vietnamese law;

k) Cooperatives and Cooperative Federations established and operating under the Cooperative Law.

These businesses and organizations mentioned above are collectively referred to as employers.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. A foreigner is a person who does not have Vietnamese nationality according to the Nationality Law of Vietnam.

2. Managers, Executive Directors are foreign individuals directly managing foreign enterprises that have established a commercial presence in Vietnam, subject only to general supervision or direction from the board of directors or shareholders of the enterprise or equivalent level; managing the enterprise includes directing the enterprise itself or a department or unit subordinate to the commercial presence, supervising and controlling the work of specialized staff, managerial staff, or other supervisory staff, having the authority to hire and fire or recommend hiring, firing, or other human resources activities. These managers and executive directors do not directly perform tasks related to the provision of services by the commercial presence.

3. Experts are foreign individuals with high professional and technical qualifications in services, research equipment, technology, or management (including engineers or those with qualifications equivalent to or higher than engineers; traditional craft masters) and individuals with extensive experience in their profession, in production and business management, and other managerial tasks.

4. Foreigners transferring internally within a business: Includes the managers, executive directors, and experts mentioned above of a foreign enterprise that has established a commercial presence in the territory of Vietnam, temporarily transferring within the enterprise from the commercial presence in the territory of Vietnam, and previously recruited by the foreign enterprise at least twelve months prior.

5. Foreign service providers are individuals who do not reside in Vietnam and do not receive remuneration from any source in Vietnam, participating in activities related to representing a service provider to negotiate the sale of that provider's services, provided that they do not sell the service directly to the public and the service provider does not directly participate in providing the service.

6. Service providers under contract are foreign individuals working in a foreign enterprise without a commercial presence in Vietnam. These individuals have worked for a foreign enterprise without a commercial presence in Vietnam for at least two years and must meet the conditions for "experts" as stipulated in Clause 3 of Article 2 above.

7. Vietnamese counterparties, including:

a) Legal representatives of Vietnamese businesses and organizations that have signed contracts with foreign counterparts for the foreign side to provide services, offer services, and perform economic, trade, financial, banking, insurance, scientific and technological, cultural, sports, educational, and health contracts.

b) Representatives of foreign enterprises that have established a commercial presence in the territory of Vietnam according to Vietnamese law.

8. Commercial presence means a service provider of one nationality entering another country, establishing a legal entity, and providing services in that country. For example: a commercial bank opening a branch abroad.

Chapter 2:

RECRUITMENT AND MANAGEMENT OF FOREIGNERS WORKING IN VIETNAM

Article 3. Foreigners working in Vietnam must meet the following conditions

1. At least 18 years old;

2. Have health suitable for job requirements;

3. Be managers, directors, or experts as prescribed in Clause 2 and Clause 3, Article 2 of this Decree;

For foreigners applying to practice medicine, pharmacy privately, directly diagnose and treat patients in Vietnam, or work in education and vocational training, they must meet the conditions stipulated by Vietnamese law on private medical and pharmaceutical practice or on education and vocational training.

4. Not have a criminal record for offenses against national security; not be under investigation for criminal responsibility, serving a criminal sentence according to Vietnamese law and foreign laws.

5. Hold a labor permit issued by competent state agencies of Vietnam, except cases where a labor permit is not required as stipulated in Clause 1, Article 9 of this Decree.

Article 4. Recruitment of foreigners to work in Vietnam through labor contracts

1. Employers may recruit foreigners when such foreigners meet all the conditions prescribed in Article 3 of this Decree to perform management, directorship, and expert jobs that domestic workers cannot meet according to production and business needs.

2. Application dossier for recruitment of foreigners: Foreigners submit two (2) sets of application dossiers to employers, with one set managed by the employer and another set used by the employer to apply for a labor permit. Each set includes:

a) A foreigner's employment application form according to the model prescribed by the Ministry of Labor, Invalids, and Social Affairs;

b) A criminal record certificate issued by the competent authority of the country where the foreigner resided before coming to Vietnam. In case the foreigner has been residing in Vietnam for at least six (6) months, only a criminal record certificate issued by the Department of Justice of Vietnam where the foreigner resides is required;

c) A self-written resume of the foreigner according to the model prescribed by the Ministry of Labor, Invalids, and Social Affairs;

d) A health certificate issued abroad or in Vietnam according to the regulations of the Vietnamese Ministry of Health;

đ) A copy of certification regarding the foreigner's high-level professional and technical qualifications. For traditional craft artisans or experienced professionals in production management without certificates or diplomas, there must be a confirmation of at least five (5) years of experience in their profession, production management, or administration from a competent foreign authority;

e) Three (3) color photographs (dimensions 3cm x 4cm, bareheaded, frontal view, clear face, visible ears, no glasses, white background), taken no more than six (6) months prior to submission of the application dossier;

3. Documents in the application dossier issued by foreign authorities or certified must be legalized according to Vietnamese law; Male and translated into Vietnamese; translations and copies must be notarized according to Vietnamese law.

4. Procedures and formalities for recruiting foreigners to work in Vietnam:

a) At least thirty (30) days before recruitment, employers must announce the need for recruitment in central or local newspapers (print, radio, television, online) including: number of people needed, job description, professional level, salary, working conditions, and other necessary requirements if the employer deems necessary;

If the employer recruits foreigners through a job introduction organization, there is no need to announce the recruitment need in central or local newspapers as prescribed above;

b) Employers must provide all relevant Vietnamese laws concerning the rights and obligations of foreigners working in Vietnam; foreigners must thoroughly study the Vietnamese laws provided by the employer and prepare necessary documents and comply with the provisions of this Decree;

c) Foreigners wishing to work in Vietnam must submit the application dossier for employment as prescribed in Clause 2 of this Article to the employer. The employer accepts the application dossier of foreigners when it meets all the required documents stipulated in this Decree and must proceed to apply for a labor permit for the foreigner to work in Vietnam according to this Decree;

d) Upon issuance of a labor permit, both the foreigner and the employer must enter into a written labor contract in accordance with Vietnamese labor law; the employer is responsible for sending a copy of the signed labor contract to the agency issuing the labor permit for the foreigner. The contents of the labor contract must not contradict the contents already recorded in the issued labor permit.

Article 5. Foreigners entering Vietnam to work under the internal transfer form of enterprises

1. Foreigners working in Vietnam in accordance with point b, Clause 1, Article 1 of this Decree must have a document from a foreign enterprise dispatching foreigners to work at the commercial presence of that foreign enterprise on Vietnamese territory and ensure all conditions as prescribed in Article 3 of this Decree.

2. In case of internal transfer within an enterprise, each enterprise having a presence on Vietnamese territory must have at least 20% of the total number of managers, directors, and experts as Vietnamese citizens. However, each foreign enterprise will be allowed to have a minimum of three (3) managers, directors, and experts who are not Vietnamese nationals.

3. The representative of a foreign enterprise that has established a commercial presence on Vietnamese territory in accordance with Vietnamese law shall be responsible for providing all relevant provisions of Vietnamese law concerning the rights and obligations of foreigners working on Vietnamese territory. Foreigners must study and fully comply with the provisions of Vietnamese law provided by their employer.

4. Foreigners must prepare the documents as prescribed in points b, c, d, đ, e, Clause 2, Article 4 of this Decree.

5. The representative of a foreign enterprise that has established a commercial presence on Vietnamese territory shall handle the procedures to apply for a work permit for foreigners to work in Vietnam in accordance with this Decree before the foreigners start working in Vietnam.

Article 6. Foreigners entering Vietnam to perform various types of contracts (excluding labor contracts)

1. Foreigners working in Vietnam in accordance with points c and d, Clause 1, Article 1 of this Decree must ensure all conditions as prescribed in Article 3 of this Decree and provide a signed contract between the Vietnamese party and the foreign party regarding the agreement for foreigners to work in Vietnam.

2. The Vietnamese party must be responsible for providing all relevant provisions of Vietnamese law concerning the rights and obligations of foreigners. Foreigners must study and fully comply with the provisions of Vietnamese law.

3. Foreigners must prepare the documents as prescribed in points b, c, d, đ, e, Clause 2, Article 4 of this Decree.

4. The Vietnamese party must handle the procedures to apply for a work permit for foreigners to work in Vietnam in accordance with this Decree before the foreigners start working in Vietnam.

Article 7. Foreigners entering Vietnam to offer services

Foreigners entering Vietnam to work in accordance with point đ, Clause 1, Article 1 of this Decree must notify the Department of Labor - Invalids and Social Affairs of the locality where they plan to offer services at least seven (7) days prior to arrival, including the following information: name, age, nationality, passport number, start date and end date of work, specific tasks of the foreigners.

Article 8. Foreign individuals representing foreign non-governmental organizations permitted to operate in accordance with Vietnamese law

1. Foreign individuals working in Vietnam pursuant to point e, Clause 1, Article 1 of this Decree must ensure they meet all conditions stipulated in Article 3 of this Decree.

2. Foreign individuals must be responsible for researching and fully implementing Vietnamese laws regarding the rights and obligations of foreigners in Vietnam.

3. Foreigners must prepare the documents as prescribed in points b, c, d, đ, e, Clause 2, Article 4 of this Decree.

4. Representatives of foreign non-governmental organizations permitted to operate in accordance with Vietnamese law must complete procedures to apply for work permits for foreign individuals to work in Vietnam in accordance with this Decree before the foreign individuals start working in Vietnam.

Article 9. Issuing Work Permits

1. Foreign individuals working in Vietnam Male must have a work permit, except in the following cases:

a) Foreign individuals entering Vietnam to work for less than three months;

b) Foreign individuals who are members of limited liability companies with two or more shareholders;

c) Foreign individuals who are owners of single-member limited liability companies;

d) Foreign individuals who are members of the Board of Directors of joint-stock companies;

đ) Foreign individuals entering Vietnam to offer services;

e) Foreign individuals entering Vietnam to handle urgent situations such as complex technical or technological issues that affect or pose a risk to production and business operations, which cannot be resolved by Vietnamese experts and other foreign experts currently in Vietnam within three months; after three months of working in Vietnam, foreign individuals must complete procedures to apply for a work permit in accordance with this Decree;

g) Foreign lawyers who have been granted a license to practice law in Vietnam by the Ministry of Justice in accordance with Vietnamese law.

2. Provincial Departments of Labor, Invalids, and Social Affairs under the central government issue work permits for foreign individuals working in Vietnam according to the model prescribed by the Ministry of Labor, Invalids, and Social Affairs.

3. The application dossier for a work permit includes:

a) A request for a work permit from the employer, the Vietnamese partner, or the representative of a foreign non-governmental organization permitted to operate in accordance with Vietnamese law, in the format prescribed by the Ministry of Labor, Invalids, and Social Affairs;

b) For foreign individuals hired through labor contracts, the documents specified in points a, b, c, d, đ, and e, Clause 2, Article 4 of this Decree must be provided;

c) For foreign individuals transferred internally within a company, the documents specified in points b, c, d, đ, and e, Clause 2, Article 4 of this Decree must be provided, along with a document from the foreign company sending the foreign individual to work at its commercial presence in Vietnam;

d) For foreign individuals specified in points c and d, Clause 1, Article 1 of this Decree, the documents specified in points b, c, d, đ, and e, Clause 2, Article 4 of this Decree must be provided, along with a contract signed between the Vietnamese partner and the foreign partner;

đ) For foreign individuals specified in point e, Clause 1, Article 1 of this Decree, the documents specified in points b, c, d, đ, and e, Clause 2, Article 4 of this Decree must be provided, along with a certificate of permission for the foreign non-governmental organization to operate in accordance with Vietnamese law;

4. The validity period of the work permit issued shall be based on the duration of the anticipated labor contract or the duration specified by the foreign party for sending the foreign individual to work in Vietnam. In cases where the foreign individual enters Vietnam without a labor contract, the validity period of the work permit shall be based on the contract signed between the Vietnamese partner and the foreign partner. For foreign individuals representing foreign non-governmental organizations permitted to operate in accordance with Vietnamese law, the validity period of the work permit shall be based on the duration specified in the certificate of permission for the foreign non-governmental organization to operate in accordance with Vietnamese law.

The validity period of the work permit for the aforementioned cases shall not exceed thirty-six months.

5. Procedures for issuing work permits:

a) At least twenty days prior to the date when the foreign individual is expected to begin working at the enterprise, agency, or organization in Vietnam, the employer or Vietnamese partner, or the representative of a foreign non-governmental organization permitted to operate in accordance with Vietnamese law, must submit the application dossier for a work permit to the provincial Department of Labor, Invalids, and Social Affairs where the foreign individual will regularly work.

If the foreign individual does not work regularly, the application dossier for a work permit must be submitted to the provincial Department of Labor, Invalids, and Social Affairs where the employer's main office is located.

b) Within fifteen days from the date of receiving a complete and valid application dossier for a work permit, the provincial Department of Labor, Invalids, and Social Affairs must issue a work permit for the foreign individual. If a work permit is not issued, a written response must be given stating the reasons.

c) For foreign individuals who have already been granted a work permit and whose permit is still valid, if they wish to enter into additional labor contracts with other employers, the application dossier for a work permit must include the documents specified in points a and đ, Clause 2, Article 4, and point a, Clause 3, Article 9 of this Decree, along with a copy of the valid work permit.

6. For foreign individuals entering Vietnam to work without requiring a labor permit as stipulated in Clause 1, Article 9 of this Decree, the employer or the Vietnamese partner must report a list of foreign individuals before 07 (seven) days (counting from the day the foreign individual starts working) to the Department of Labor, Invalids, and Social Affairs at the location where the foreign individual regularly works, containing the following information: name, age, nationality, passport number, start date and end date of work, job responsibilities of the foreign individual, along with the relevant documents of the foreign individual as specified in Point b, c, d, đ, Clause 2, Article 4 of this Decree, and must ensure compliance with the conditions set forth in Clause 1, 2, 3, 4, Article 3 of this Decree. As for the cases stipulated in Point e, Clause 1 of this Article, the deadline for reporting the list of foreign individuals is within 30 (thirty) days from the day the foreign individual starts working.

Article 10. Extension of Labor Permit

1. Cases eligible for extension of labor permit:

a) The employer has plans and is currently training Vietnamese workers to replace the position held by the foreign worker, but the Vietnamese workers have not yet replaced them and the foreign worker has not been subject to disciplinary action under Point b and Point c, Clause 1, Article 84 of the amended Labor Code.

b) Foreign individuals entering Vietnam to work as stipulated in Point c and Point d, Clause 1, Article 1 of this Decree, for jobs that require more than 36 (thirty-six) months.

2. Documents for requesting extension of labor permit:

a) For foreign individuals working under a labor contract, including:

- A request for extension of labor permit from the employer according to the prescribed form of the Ministry of Labor, Invalids, and Social Affairs. It must clearly state the reasons why Vietnamese workers have not been trained to replace them, the names of Vietnamese workers who have been and are being trained, training costs, training duration, and training location to replace foreign workers;

- A copy of the labor contract (certified by the employer);

- The previously issued labor permit.

b) For foreign individuals working under the forms specified in Point c and Point d, Clause 1, Article 1 of this Decree, including:

- A request for extension of labor permit from the Vietnamese partner according to the prescribed form of the Ministry of Labor, Invalids, and Social Affairs;

- A copy of the contract signed between the Vietnamese partner and the foreign party;

- The previously issued labor permit.

3. Duration of extension of labor permit:

The duration of extension of labor permit depends on the additional working period of the foreign individual for the employer as determined in the labor contract or the dispatch document from the foreign side sending the foreign individual to work in Vietnam or the contract signed between the Vietnamese partner and the foreign party.

The maximum duration of extension for each extension is 36 (thirty-six) months.

4. Procedure for extending labor permit:

a) At least 30 (thirty) days before the labor permit expires, the employer or the Vietnamese partner must submit the application documents for extension of labor permit to the Department of Labor, Invalids, and Social Affairs that issued the labor permit.

b) Within 15 (fifteen) days from the date of receiving complete application documents for extension of labor permit, the Department of Labor, Invalids, and Social Affairs must extend the labor permit. In case of refusal to extend the labor permit, it must provide a written response stating the reasons.

Article 11. Reissuing Work Permits

1. Cases for reissuing work permits:

a) The work permit is lost;

b) The work permit is damaged.

2. Documents for requesting reissuance of work permits include:

a) A request for reissuance of a work permit by a foreigner according to the form prescribed by the Ministry of Labor, War Invalids and Social Affairs, which must clearly explain the reason for loss or damage;

b) A document requesting reissuance of a work permit by the employer, the Vietnamese partner, or the representative of a foreign non-governmental organization;

c) The previously issued work permit that is damaged.

3. Content of reissued work permits: The reissued work permit for foreigners must ensure all contents as in the previously issued work permit.

4. Procedure for reissuing work permits:

a) Within three (3) days from the date when the foreigner discovers the loss or damage of the work permit, the foreigner is responsible for reporting to the employer, the Vietnamese partner, or the representative of a foreign non-governmental organization, and the employer, the Vietnamese partner, or the representative of a foreign non-governmental organization must notify the Department of Labor, War Invalids and Social Affairs that issued the work permit. Within thirty (30) days from the date of loss or damage of the work permit, the employer, the Vietnamese partner, or the representative of a foreign non-governmental organization must submit the application documents for reissuance of the work permit to the Department of Labor, War Invalids and Social Affairs that issued the work permit;

b) Within fifteen (15) days from the date of receiving complete application documents for reissuance of the work permit, the Department of Labor, War Invalids and Social Affairs must reissue the work permit. In case of refusal to reissue the work permit, it must be replied in writing with clear reasons.

Article 12. Cases where work permits become invalid or void

1. The work permit has expired.

2. Termination of labor contracts.

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

4. Economic, trade, financial, banking, insurance, scientific and technical, cultural, sports, educational, and health contracts expire or terminate.

5. Notification from the foreign side ceasing to send foreigners to work in Vietnam.

6. Work permits revoked by competent state agencies due to violation of Vietnamese laws.

7. Enterprises, organizations, Vietnamese partners, or foreign non-governmental organizations in Vietnam cease operations.

8. Foreigners are imprisoned, die, or go missing as declared by the Court.

Article 13. Using Work Permits

1. Foreigners are responsible for keeping their work permits valid during the period they are still effective.

2. Foreigners must present their work permits when handling procedures related to immigration and upon request by competent state agencies.

3. When foreigners come to work in provinces or centrally administered cities (not the province or city where the foreigners usually work) for ten (10) consecutive days or more than thirty (30) cumulative days within one (1) year, the employer, the Vietnamese partner, or the representative of a foreign non-governmental organization must notify in writing about the foreigners coming to work and attach a copy of the issued work permit to the Department of Labor, War Invalids and Social Affairs in the place where the foreigners come to work, in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs.

Chapter 3:

IMPLEMENTATION

Article 14. Inspection, Examination, and Handling of Violations

1. Ministries, ministerial-level agencies, government agencies, and People's Committees at all levels shall be responsible for inspecting and auditing the implementation of the provisions of the Labor Code and this Decree.

2. Employers and individuals who violate the Labor Code, this Decree, and other relevant laws shall be subject to administrative sanctions or criminal prosecution according to the nature and degree of violation as stipulated by Vietnamese law.

3. Foreign workers currently working in Vietnam Male without having been granted a work permit must complete the procedures to request a work permit in accordance with this Decree. If foreign workers have worked in Vietnam for six months without a work permit, the Department of Labor - Invalids and Social Affairs shall request the Ministry of Public Security to issue a decision to deport them from Vietnam in accordance with the law.

Article 15. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

To take the lead and coordinate with the Ministry of Public Security, the Ministry of Justice, and the Ministry of Foreign Affairs to guide the implementation of this Decree regarding the legal procedures for consular legalization, criminal records, temporary residence cards, permanent residence cards, issuance of work permits, extension of work permits, and reissuance of work permits for foreign workers in Vietnam.

Article 16. Responsibilities of the Ministry of Health

To guide the format, content, and authority to issue health certificates, and the validity period of health certificates for foreign workers in Vietnam.

Article 17. Responsibilities of the People's Councils of provinces and centrally governed cities

The provincial and centrally governed city People's Councils shall decide on the collection of fees for issuing work permits for foreign workers in Vietnam in accordance with the law on fees and charges.

Article 18. Responsibilities of the Department of Labor, Invalids, and Social Affairs

1. To receive and store applications for work permits, applications for extension of work permits, and applications for reissuance of work permits.

2. To issue work permits, extend work permits, and reissue work permits in accordance with this Decree.

3. To monitor, compile, and report on the situation of foreign workers employed in enterprises, agencies, and organizations within their jurisdiction.

4. To inspect and audit the implementation of the provisions of the Labor Code and this Decree.

Article 19. Responsibilities of employers and partners in Vietnam

1. To comply with the provisions of Vietnamese labor laws and other relevant laws of Vietnam.

2. To complete the procedures to request work permits, extend work permits, and reissue work permits for foreign workers in Vietnam and pay the fee for issuing work permits as prescribed by law.

3. To fully implement labor contracts concluded with foreign workers in Vietnam.

4. To manage the registration files of foreign workers employed in Vietnam, and simultaneously supplement related documents concerning foreign workers in Vietnam.

5. To manage foreign workers employed in enterprises and organizations.

6. To report on the employment of foreign workers in Vietnam in accordance with the regulations of the Ministry of Labor - Invalids and Social Affairs.

Chapter 4:

IMPLEMENTING PROVISIONS

Article 20. Effective Date

1. For foreign nationals in Vietnam including students, spouses, domestic helpers, and foreign nationals not falling under the scope defined in Clause 1, Article 1 of this Decree who wish to work for enterprises, organizations, and individuals in Vietnam, they are not required to submit application and procedural documents for work permits. Enterprises, organizations, and individuals employing such foreign nationals must report to the local Department of Labor - Invalids and Social Affairs seven days prior to the commencement of work by the foreign national, providing a list of the foreign national's details including name, age, nationality, passport number, start date and end date of work, and job responsibilities as prescribed by the Ministry of Labor - Invalids and Social Affairs.

2. This Decree shall take effect fifteen days after its publication in the Official Gazette.

This Decree replaces Decree No. 105/2003/NĐ-CP dated September 17, 2003 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on the recruitment and management of foreign workers in Vietnam; Decree No. 93/2005/NĐ-CP dated July 13, 2005 amending and supplementing certain provisions of Decree No. 105/2003/NĐ-CP dated September 17, 2003 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on the recruitment and management of foreign workers in Vietnam, and abolishes provisions contrary to this Decree.

For foreign workers who have already been granted work permits that remain valid until the effective date of this Decree, those work permits will continue to be valid and there is no need to obtain new work permits.

Article 21. Responsibility for Implementation

1. The Ministry of Labor - Invalids and Social Affairs shall be responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.