Circular No. 41/2014/TT-BCT stipulates the basis and procedures for determining foreign workers transferring within enterprises operating in eleven service sectors committed to the WTO without requiring a work permit. This Circular includes Appendices I, II, and III with detailed provisions on the list of occupations, guidelines for identifying enterprises operating in the eleven committed service sectors, and a sample application form for determining foreign workers transferring within enterprises.
Scope of application
Employers (enterprises/organizations) engaged in business activities within the eleven service sectors committed to the WTO wishing to determine that foreign workers do not require a work permit.
Key points
- The Circular stipulates the basis and procedures for determining foreign workers transferring within enterprises operating in eleven service sectors committed to the WTO without requiring a work permit.
- Appendix I: List of eleven service sectors committed to the WTO.
- Appendix II: Guidelines for identifying enterprises/organizations engaged in business activities within the eleven service sectors committed to the WTO.
- Appendix III: Sample application form for determining foreign workers transferring within enterprises.
- These forms are used by provincial/municipal Departments of Labor, Invalids, and Social Affairs or enterprises/organizations to submit to the Ministry of Industry and Trade for confirmation regarding their business activities within the eleven service sectors committed to the WTO.
🌐 Social impact of this document
- Helps employers save time and costs in the process of recruiting foreign workers.
- Creates favorable conditions for attracting foreign investment in the eleven service sectors committed to the WTO.
❓ Frequently asked questions
Which occupations fall within the eleven service sectors committed to the WTO?
The specific list is stipulated in Appendix I of Circular No. 41/2014/TT-BCT.
What is the procedure for identifying enterprises engaged in business activities within the eleven service sectors committed to the WTO?
Provincial/municipal Departments of Labor, Invalids, and Social Affairs or enterprises/organizations submit the application form according to Appendix III along with relevant documents to the Ministry of Industry and Trade for confirmation.
Do foreign workers transferring within enterprises operating in the eleven service sectors committed to the WTO need a work permit?
No, foreign workers transferring within enterprises operating in the eleven service sectors committed to the WTO do not require a work permit.
Full text
|
MINISTRY OF INDUSTRY AND TRADE |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 41/2014/TT-BCT |
Hanoi, November 5, 2014 |
CIRCULAR
Regulations on the basis and procedures for determining foreign workers transferring within enterprises in eleven service sectors in Vietnam's Services Commitment Schedule with the World Trade Organization that are not subject to labor permit issuance
moving within enterprises within the scope of eleven service sectors listed in Vietnam's Services Commitment Schedule with the World Trade Organization shall not be subject to work permit issuance
services in the Services Commitment Schedule of Vietnam with the World Trade Organization
shall not be subject to work permit issuance
Pursuant to Decree number 95/2012/NĐ-CP dated November 12, 2012 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No. 102/2013/NĐ-CP dated September 5, 2013 of the Government detailing implementation of certain provisions of the Labor Code regarding foreign workers working in Vietnam;
At the proposal of the Director of the Planning Department,
The Minister of Industry and Trade issues this Circular regulating the basis and procedures for determining foreign workers transferring within enterprises in eleven service sectors in Vietnam's Services Commitment Schedule with the World Trade Organization (hereinafter referred to as WTO) that are not subject to labor permit issuance as follows:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates the basis and procedures for determining foreign workers transferring within enterprises in eleven service sectors in Vietnam's Services Commitment Schedule with the WTO (hereinafter referred to as WTO) that are not subject to labor permit issuance.
Article 2. Applicability
This Circular applies to foreign workers transferring within enterprises, employers of foreign workers, and related organizations and individuals.
Article 3. Commercial Presence
The commercial presence defined in Clause 1, Article 3 of Decree No. 102/2013/NĐ-CP dated September 5, 2013 of the Government detailing implementation of certain provisions of the Labor Code regarding foreign workers working in Vietnam (hereinafter referred to as Decree No. 102/2013/NĐ-CP) includes the following forms:
a) Joint venture contracts;
b) Joint ventures, wholly foreign-owned enterprises;
c) Representative offices, branches of foreign enterprises.
Chapter II
BASIS AND PROCEDURES FOR DETERMINING FOREIGN WORKERS TRANSFERRING WITHIN ENTERPRISES IN THE SCOPE OF ELEVEN SERVICE SECTORS IN VIETNAM'S SERVICES COMMITMENT SCHEDULE WITH THE WTO FOREIGN WORKERS MOVING WITHIN ENTERPRISES WITHIN THE SCOPE OFELEVEN SERVICE SECTORS LISTED IN THE SERVICES COMMITMENT SCHEDULE OF VIETNAM WITH WTO
Article 4. Basis for determining foreign workers transferring within enterprises in the scope of eleven service sectors in Vietnam's Services Commitment Schedule with the WTO that are not subject to labor permit issuance
1. The basis for determining foreign workers as managers, executives, experts transferring within enterprises in the scope of eleven service sectors in Vietnam's Services Commitment Schedule with the WTO that are not subject to labor permit issuance as provided in Point a, Clause 2, Article 7 of Decree No. 102/2013/NĐ-CP includes:
a) A foreign enterprise has established a commercial presence on the territory of Vietnam;
b) The commercial presence of a foreign enterprise on the territory of Vietnam operates within the scope of eleven service sectors listed in Appendix I of this Circular;
c) Foreign workers have been recruited by the foreign enterprise at least twelve months before being dispatched to work at the commercial presence of the foreign enterprise on the territory of Vietnam.
2. The basis for determining foreign workers as technical workers transferring within enterprises in the scope of eleven service sectors in Vietnam's Services Commitment Schedule with the WTO that are not subject to labor permit issuance as provided in Point a, Clause 2, Article 7 of Decree No. 102/2013/NĐ-CP includes:
a) A foreign enterprise has established a commercial presence on the territory of Vietnam;
b) The commercial presence of a foreign enterprise on the territory of Vietnam operating within the scope of eleven service sectors specified in Appendix II of this Circular;
c) Foreign workers have been recruited by the foreign enterprise at least twelve months before being dispatched to work at the commercial presence of the foreign enterprise on the territory of Vietnam.
Article 5. Procedures for determining foreign workers transferring within enterprises operating in eleven service sectors listed in the Vietnam's Services Commitments Schedule with the WTO
1. The documents to prove that foreign workers transferring within enterprises operating in the eleven service sectors specified in Appendix I and Appendix II of this Circular are not subject to labor permit issuance as stipulated in Point c Clause 3 Article 8 Decree No. 102/2013/ND-CP include:
a) A document from the foreign enterprise assigning the worker to work at its commercial presence in Vietnam specifying the duration of employment;
b) A document confirming that the worker is a manager, executive, specialist, or technical worker in accordance with Clause 4 Article 10 of Decree No. 102/2013/ND-CP and Clause 3 Article 5 of Circular No. 03/2014/TT-BLDTBXH dated January 20, 2014 issued by the Ministry of Labor, Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 102/2013/ND-CP (hereinafter referred to as Circular No. 03/2014/TT-BLDTBXH);
c) A document proving that the foreign worker has been employed by the foreign enterprise for at least twelve months before being assigned to work at its commercial presence in Vietnam in accordance with Clause 5 Article 5 of Circular No. 03/2014/TT-BLDTBXH.
The documents specified in Points a, b, and c of this Clause shall be one (01) original or one (01) copy. If in a foreign language, they are exempted from consular legalization but must be translated into Vietnamese and certified in accordance with Vietnamese law;
d) A document proving that the commercial presence of the foreign enterprise in Vietnam operates in one of the eleven service sectors specified in Appendix I of this Circular is one of the following documents: Investment License, Certificate of Investment, Business Registration Certificate, Enterprise Registration Certificate, Representative Office Establishment Permit, Branch Establishment Permit issued by the competent authority in accordance with Vietnamese law (one (01) certified copy).
2. Foreign workers transferring within enterprises operating in the eleven service sectors listed in Vietnam's Services Commitments Schedule with the WTO shall implement the procedures for confirmation of non-subject to labor permit issuance as stipulated in Article 11 of Circular No. 03/2014/TT-BLDTBXH.
3. In case the Department of Labor, Invalids and Social Affairs encounters difficulties in determining foreign workers transferring within enterprises operating in the eleven service sectors specified in Appendix I and Appendix II of this Circular to serve as the basis for confirming that foreign workers are not subject to labor permit issuance, the Department of Labor, Invalids and Social Affairs shall send a request letter to the Ministry of Industry and Trade for comments according to Model No. 1 in Appendix III of this Circular (one (01) original) along with the documents specified in Clause 1 of this Article (one (01) copy).
Within three (03) working days from the date of receipt of the letter from the Department of Labor, Invalids and Social Affairs, the Ministry of Industry and Trade shall issue a letter to the Department of Labor, Invalids and Social Affairs, clearly stating whether the activities of the foreign enterprise's commercial presence in Vietnam fall within or outside the scope of the eleven service sectors specified in Appendix I and Appendix II of this Circular.
4. In case the employer disagrees with the determination of the Department of Labor, Invalids and Social Affairs regarding foreign workers transferring within enterprises operating in the eleven service sectors specified in Appendix I and Appendix II of this Circular, the employer shall submit a request letter to the Ministry of Industry and Trade for comments according to Model No. 2 in Appendix III of this Circular along with the documents specified in Clause 1 of this Article (one (01) copy) and the reply letter from the Department of Labor, Invalids and Social Affairs to the employer (one (01) copy).
Within five (05) working days from the date of receipt of the letter from the employer, the Ministry of Industry and Trade shall issue a letter to the Department of Labor, Invalids and Social Affairs and send a copy to the employer, clearly stating whether the activities of the foreign enterprise's commercial presence in Vietnam fall within or outside the scope of the eleven service sectors specified in Appendix I and Appendix II of this Circular.
Based on the letter from the Ministry of Industry and Trade, the Department of Labor, Invalids and Social Affairs shall be responsible for reviewing the confirmation of foreign workers not being subject to labor permit issuance.
Chapter III
IMPLEMENTATION
Article 6. Responsibility for Implementation
1. The Planning Department of the Ministry of Industry and Trade is the lead unit in resolving issues related to the determination of foreign workers transferring within enterprises operating in the eleven service sectors listed in Vietnam's Services Commitments Schedule with the WTO specified in Appendix I and Appendix II of this Circular.
2. The Department of Labor, Invalids and Social Affairs shall be responsible for implementing the determination of foreign workers transferring within enterprises operating in the eleven service sectors listed in Vietnam's Services Commitments Schedule with the WTO who are not subject to labor permit issuance as stipulated in this Circular.
3. During the implementation process, if there are any difficulties, relevant agencies, organizations, and individuals shall report to the Ministry of Industry and Trade for timely guidance and supplementation.
Article 7. Reporting System
Every six (06) months, before January 15 and July 15 each year, the Department of Labor, Invalids and Social Affairs shall report to the Ministry of Industry and Trade and the Ministry of Labor, Invalids and Social Affairs on the situation of foreign workers working in enterprises, agencies, and organizations under their management as stipulated in Point c Clause 7 Article 13 of Circular No. 03/2014/TT-BLDTBXH, including a detailed report on foreign workers transferring within enterprises in sections (cell 20) and (cell 21) of the report.
Article 8. Effective Date
This Circular takes effect from December 22, 2014.
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Place of Receipt: |
DEPUTY MINISTER |
ANNEX I
LIST OF ELEVEN SERVICE SECTORS IN VIETNAM'S SERVICES COMMITMENT WITH THE WTO FOR FOREIGN MANAGERS, SUPERVISORS, AND EXPERTS
(Annexed to Circular No. 41/2014/TT-BCT dated November 5, 2014 of the Ministry of Industry and Trade)
For example, convention services with CPC code 87909* are considered components of a broader sector classified in the Central Product Classification table and this sector has a wider scope or content than convention services.
Services marked with (**) are considered components of
1. Services marked with (*) are considered components of a broader service sector whose scope or content has not been specifically identified with a specific CPC code. For example, convention services with CPC classification code 87909* are considered components of a broader service sector classified in the Central Product Classification Table, which has a wider scope or content than convention services.
2. Services marked with (**) are considered components of a broader service sector with a wider scope or content but with a clear CPC code. This code does not carry the (**) mark. For example, telecommunication services with CPC code 7523** means that telecommunication services are components of data transmission and messaging services (with CPC code 7523).
Architectural services (CPC 8671).
1. BUSINESS SERVICES
A. Professional services
a) Legal services (CPC 861 excluding: participation in litigation as defense counsel or representative for clients before Vietnamese courts; Legal document and notarization services related to Vietnamese laws).
b) Accounting, auditing, and bookkeeping services (CPC 862).
c) Tax services (CPC 863).
d) Architectural services (CPC 8671).
D. Rental services without operators
e) Engineering consultancy services (CPC 8673).
g) Urban planning and landscape architectural services (CPC 8674).
B. Computer and related services (CPC 841 - 845, CPC 849)
Management consulting services (CPC 865).
Services related to management consulting (CPC 866, except CPC 86602 and mediation and arbitration services for commercial disputes between traders (CPC 86602**)).
d) Technical analysis and testing services (CPC 8676, except testing and certification for transportation vehicles).
Services related to agriculture, hunting, and forestry (CPC 881).
Services related to mining (CPC 883) excluding the following activities: supply of materials, equipment, and chemicals, base services, vessel services, living services, and air transport services.
a) Advertising services (CPC 871, except tobacco advertising services).
b) Market research services (CPC 864, except CPC 86402).
c) Management consultancy services (CPC 865).
d) Services related to management consultancy (CPC 866, except CPC 86602 and Commercial arbitration and mediation services for trade disputes between traders (CPC 86602**)).
d) Technical analysis and testing services (CPC 8676 excluding vehicle inspection and certification);
e) Services related to agriculture, hunting, and forestry (CPC 881).
g) Services related to mining (CPC 883) excluding the following activities: supply of materials, equipment, and chemicals, base camp services, vessel services, living services, and air services.
h) Services related to production (CPC 884 and 885).
i) Services related to scientific and technical consultancy (only for CPC 86751, 86752, and 86753).
k) Maintenance and repair services for machinery and equipment (excluding ship, aircraft, or other transportation equipment maintenance and repair services) (CPC 633);
2. INFORMATION SERVICES
A. Courier services (CPC 7512**)
* Express courier services include collection, sorting, transportation, and delivery within the country or internationally:
a) Information in textual form, expressed in any physical format, including hybrid mail services; direct mail advertising.
Excluding processing of textual information items with lower service charges: less than ten times the postage rate for a standard letter sent domestically at the first weight level; 9 US dollars (USD) when sent internationally provided the total weight of these items does not exceed 2000 grams.
b) Parcels and other goods
* Processing non-addressed items
B. Telecommunications services
Basic telecommunications services
a) Voice services (CPC 7521).
b) Packet-switched data transmission services (CPC 7523**).
c) Circuit-switched data transmission services (CPC 7523**).
d) Telex services (CPC 7523**).
Video conferencing services (CPC 75292);
e) Facsimile services (CPC 7521** + 7529**).
Wireless information services, including:
+ Mobile voice services (including terrestrial and satellite mobile);
- Video conferencing services (CPC 75292);
- Signal transmission services excluding promotional broadcasting.
- Radio information services, including:
(IXP).
Virtual private network (VPN) services.
+ Messaging services;
Voice mail services (CPC 7523**).
Online information and database access services (CPC 7523**).
- Internet connection services (IXP).
- Virtual private network (VPN) services.
Value-added telecommunications services
a) Email services (CPC 7523**).
b) Voice messaging services (CPC 7523**).
c) Online information access and database retrieval services (CPC 7523**).
d) Electronic data interchange (EDI) services (CPC 7523**).
Film screening services (CPC 96121).
e) Code and protocol conversion.
g) Online information and data processing services (including transaction processing) (CPC 843**).
h) Other services
High-rise building construction (CPC 512)
Civil engineering construction (CPC 513)
a) Film production services (CPC 96112, excluding tapes).
b) Film distribution services (CPC 96113, excluding tapes).
c) Film screening services (CPC 96121).
d) Audio recording services.
Commission agency services (CPC 621, 61111, 6113, 6121)
A. High-rise building construction services (CPC 512)
B. Civil engineering construction services (CPC 513)
D. Franchise services (CPC 8929)
EDUCATION SERVICES
Primary education services (CPC 922)
4. DISTRIBUTION SERVICES
A. Commission agency services (CPC 621, 61111, 6113, 6121)
B. Wholesale services (CPC 622, 61111, 6113, 6121)
C. Retail services (CPC 631+632, 61112, 6113, 6121)
D. Franchise services (CPC 8929)
5. EDUCATION SERVICES
A. Primary education services (CPC 922)
B. Higher education services (CPC 923)
Insurance and related insurance services
D. Other educational services (CPC 929 including foreign language training)
6. ENVIRONMENTAL SERVICES
A. Wastewater treatment services (CPC 9401)
B. Waste disposal services (CPC 9402)
Insurance support services (such as consulting, computing services, risk assessment, and claims settlement).
- Air pollution control services (CPC 94040) and noise abatement services (CPC 94050);
- Environmental impact assessment services (CPC 94090*).
7. FINANCIAL SERVICES
A. Insurance and insurance-related services
a) Original insurance:
- Life insurance, excluding health insurance;
- Non-life insurance.
b) Reinsurance and reinsurance cession.
c) Insurance intermediaries (such as insurance brokers and agents).
d) Insurance support services (such as advisory, calculation, risk assessment, and claims settlement services).
B. Banking and other financial services
a) Accepting deposits and other liabilities from the public.
b) Lending in all forms, including consumer credit, mortgage loans, factoring, and trade finance.
c) Financial leasing.
d) All payment and money transfer services, including credit cards, debit cards, traveler's checks, and bank drafts.
C. Securities
e) Trading on its own account or on behalf of customers, at exchanges, in negotiated markets, or otherwise such as:
- Money market instruments (including checks, bills of exchange, certificates of deposit);
- Foreign exchange;
- Interest rate and currency derivatives, including products such as swaps and forward contracts;
- Bullion.
g) Currency brokerage.
h) Asset management, such as cash or portfolio management, collective investment management, pension fund management, custody, and trust services.
i) Payment services and financial asset settlement, including securities, derivatives, and other transferable instruments.
k) Provision and transmission of financial information and processing of financial data as well as related software provided by other financial service providers.
l) Advisory, intermediary, and other ancillary financial services for all activities mentioned from sub-item a) to k), including reference and credit analysis, investment research and advisory, portfolio management advisory, acquisition and corporate restructuring and strategy advisory.
Dental and outpatient services (CPC 9312)
a) Trading on its own account or on behalf of customers at stock exchanges, over-the-counter markets, or other markets the following products:
- Derivatives, including futures and options contracts;
- Transferable securities;
- Other transferable instruments and financial assets, except for gold bullion.
b) Participating in the issuance of all types of securities, including underwriting, and acting as agent (public offering or private placement), providing services related to such issuances.
c) Asset management including portfolio management, all forms of collective investment management, pension fund management, custodial and trust services.
d) Payment and settlement services for securities, derivatives, and other related securities products.
Advisory, intermediary, and ancillary services related to securities, excluding activities under sub-item (a), including investment advisory and research, portfolio advisory, corporate acquisition advisory, strategy and restructuring advisory (For other services under sub-item (e), refer to sub-item (e) in the commitments on banking services);
e) Advisory, intermediary, and ancillary services related to securities, excluding the activities mentioned in sub-item (a), including investment and portfolio advisory, company acquisition advisory, corporate restructuring and strategy advisory (For other services mentioned in sub-item (e), refer to sub-item (e) in the commitment on banking services).
8. HEALTH AND SOCIAL SERVICES
A. Hospital services (CPC 9311)
B. Dental and outpatient services (CPC 9312)
Hotels and restaurants include:
A. Accommodation and food services including:
- Hotel accommodation services (CPC 64110).
- Food and beverage provision services (CPC 642 and CPC 643).
B. Travel agency and tour operation services (CPC 7471)
10. ENTERTAINMENT, CULTURAL, AND SPORTS SERVICES
A. Entertainment services (including theaters, live music, and circus) (CPC 9619)
B. Other services
Electronic game business (CPC 964**).
11. TRANSPORTATION SERVICES
A. Marine transportation services
a) Passenger transportation services, including domestic transportation (CPC 7211).
b) Cargo transportation services, excluding domestic transportation (CPC 7212).
c) Marine transportation support services
- Container handling services (CPC 7411);
- Customs clearance services;
- Container storage services.
B. Inland waterway transportation services
a) Passenger transportation services (CPC 7221).
b) Cargo transportation services (CPC 7222).
C. Air transportation services
a) Air product sales and marketing services.
b) Computerized reservation and holding services.
c) Aircraft maintenance and repair services (CPC 8868**).
D. Rail transportation services
a) Passenger transportation services (CPC 7111).
b) Cargo transportation services (CPC 7112).
D. Road transportation services
a) Passenger transportation services (CPC 7121+7122).
b) Cargo transportation services (CPC 7123).
E. Support services for all modes of transportation
a) Container handling services, excluding those provided at airports (part of CPC 7411).
b) Storage services (CPC 742).
c) Freight forwarding services (CPC 748).
d) Other services (part of CPC 749)./.
ANNEX II
LIST OF ELEVEN SERVICE SECTORS IN THE VIETNAM SERVICES COMMITMENT WITH THE WTO FOR FOREIGN TECHNICAL WORKERS
(Annexed to Circular No. 41/2014/TT-BCT dated November 5, 2014 of the Ministry of Industry and Trade)
For example, convention services with CPC code 87909* are considered components of a broader sector classified in the Central Product Classification table and this sector has a wider scope or content than convention services.
Services marked with (**) are considered components of
1. Services marked with (*) are considered components of a broader service sector whose scope or content has not been specifically identified with a specific CPC code. For example, convention services with CPC classification code 87909* are considered components of a broader service sector classified in the Central Product Classification Table, which has a wider scope or content than convention services.
2. Services marked with (**) are considered components of a sector with a broader scope or content but with a clear CPC code. This code does not carry the symbol (**). For example, telecommunication services with CPC code 7523** means that telecommunication services are components of data transmission and messaging services (with CPC code 7523).
Architectural services (CPC 8671).
1. BUSINESS SERVICES
A. Professional services
a) Legal services (CPC 861 excluding: representation as counsel or advocate before Vietnamese courts on behalf of clients; legal documentation and notarization services related to Vietnamese law)
b) Tax services (CPC 863)
c) Architectural services (CPC 8671)
d) Technical consulting services (CPC 8672)
d) Integrated technical consulting services (CPC 8673)
e) Urban planning and landscape architectural services (CPC 8674)
B. Computer and related services (CPC 841 - 845, CPC 849)
Management consulting services (CPC 865).
Research and development services for natural sciences (CPC 851)
d) Technical analysis and testing services (CPC 8676, except testing and certification for transportation vehicles).
Aircraft leasing services (CPC 83104)
Services related to mining (CPC 883) excluding the following activities: supply of materials, equipment, and chemicals, base services, vessel services, living services, and air transport services.
a) Services related to management consulting (CPC 866, excluding CPC 86602 and arbitration and mediation services for commercial disputes between traders (CPC 86602**))
b) Services related to scientific and technical consulting (only for CPC 86751, 86752, and 86753)
2. INFORMATION SERVICES
A. Telecommunication services
Basic telecommunications services
a) Telex services (CPC 7523**)
b) Telegraph services (CPC 7523**)
c) Facsimile services (CPC 7521** + 7529**)
Value-added telecommunications services
d) Value-added facsimile services, including storage and transmission, storage and recovery (CPC 7523**)
d) Other services
B. Audiovisual services
a) Film projection services (CPC 96121)
b) Sound recording services
3. CONSTRUCTION SERVICES AND RELATED TECHNICAL SERVICES
Assembly work (CPC 514)
4. DISTRIBUTION SERVICES
Franchise services (CPC 8929)
5. EDUCATION SERVICES
FINANCIAL SERVICES
6. ENVIRONMENTAL SERVICES
Environmental impact assessment services (CPC 94090*)
7. FINANCIAL SERVICES
Non-life insurance
8. HEALTH AND SOCIAL SERVICES
9. TOURISM SERVICES AND RELATED SERVICES
Hotels and restaurants include:
Travel agency and tour operation services (CPC 7471)
10. ENTERTAINMENT, CULTURAL, AND SPORTS SERVICES
A. Entertainment services (including theaters, live music, and circus) (CPC 9619)
B. Other services
Electronic game business (CPC 964**)
II. TRANSPORTATION SERVICES
Air product sales and marketing services./.
ANNEX III
Model Number 1: Issued together with Circular No. 41/2014/TT-BCT dated November 5, 2014, by the Ministry of Industry and Trade
PROVINCE/CITY PEOPLE'S COMMITTEE/
----------------Number: …/SLĐTBXH-………
DEPARTMENT OF LABOR, INVALIDS AND SOCIAL AFFAIRS
-------SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Regarding the determination of foreign workers moving within enterprises in the eleven service sectors committed to the WTO
………, day ….. month ….. year …..Pursuant to Circular No. /2014/TT-BCT dated month year 2014 of the Ministry of Industry and Trade stipulating the basis and procedures for determining foreign workers moving within enterprises in the eleven service sectors in Vietnam's services commitment with the World Trade Organization that do not require work permits,
Respected Ministry of Industry and Trade
The Department of Labor, Invalids and Social Affairs of the province/city … requests the Ministry of Industry and Trade to determine whether the business presence of foreign enterprises on Vietnamese territory falls within or outside the eleven service sectors in Vietnam's services commitment with the World Trade Organization (relevant documents attached)./.
- Employer (for information);
Place of Receipt:
- As above;
- To be filed: VT, Drafting Unit.DIRECTOR
EMPLOYER NAME
(Sign, write full name and stamp)
Model Number 2: Issued together with Circular No. 41/2014/TT-BCT dated November 5, 2014, by the Ministry of Industry and Trade
(ENTERPRISE/
LABOR
ORGANIZATION)
Pursuant to Circular No. /2014/TT-BCT dated month year 2014 of the Ministry of Industry and Trade stipulating the basis and procedures for determining foreign workers moving within enterprises in the eleven service sectors in Vietnam's services commitment with the World Trade Organization that do not require work permits,
-------SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------No.: …
………, day ….. month ….. year …..Pursuant to Circular No. /2014/TT-BCT dated month year 2014 of the Ministry of Industry and Trade stipulating the basis and procedures for determining foreign workers moving within enterprises in the eleven service sectors in Vietnam's services commitment with the World Trade Organization that do not require work permits,
Respected Ministry of Industry and Trade
Pursuant to Circular number /2014/TT-BCT dated /2014 of the Ministry of Industry and Trade stipulating the basis and procedures for determining foreign workers moving within enterprises within the scope of eleven service sectors listed in Vietnam's Services Commitment Schedule with the World Trade Organization shall not be subject to work permit issuance,
(Name of enterprise/organization) requests the Ministry of Industry and Trade to determine whether the business activities of the enterprise/organization fall within or outside the scope of the 11 service sectors in Vietnam's Services Commitment Schedule with the World Trade Organization (relevant documents attached)./.
Place of Receipt:
- As above;
- Department of Labor, Invalids and Social Affairs of the province/city... (for reporting);
- To be filed: VT, Drafting Unit.AUTORIZED REPRESENTATIVE
OF THE ENTERPRISE/ORGANIZATION
(Sign, write full name and stamp)
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