Decree No. 46/1999/ND-CP Amending Certain Articles of Decree No. 85/1998/ND-CP on the Selection, Use, and Management of Vietnamese Workers Working for Foreign Organizations and Individuals in Vietnam dated October 20, 1998 issued by the Government.

DECREE OF THE GOVERNMENT

Amending Certain Articles of Decree No. 85/1998/NĐ-CP dated October 20, 1998 of the Government on the Selection, Use, and Management of Vietnamese Workers Working for Organizations and Individuals from Abroad in Vietnam

Amending Clause 4 of Article 2, Clause 3 of Article 7, and Article 10 of Decree No. 85/1998/NĐ-CP dated October 20, 1998 of the Government on the Selection, Use, and Management of Vietnamese Workers Working for Organizations and Individuals from Abroad in Vietnam as follows:

 foreign individuals in Vietnam

____________________________ 

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Labor Code dated June 23, 1994;

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

DECREE:

Article 1. 1. Clause 4 of Article 2 shall be amended to read as follows:

"4. Foreign-invested enterprises, foreign parties participating in joint venture contracts, branches of foreign companies, and representative offices of foreign organizations: economic, trade, financial, banking, insurance, science and technology, cultural, educational, health, and legal advisory organizations."

2. Clause 3 of Article 7 shall be amended to read as follows:

"3. A curriculum vitae confirmed by the People's Committee of the commune, ward, or town where the worker is registered;"

3. Article 10 shall be amended to read as follows:

"The provision of Vietnamese workers to organizations and individuals from abroad shall be carried out through a labor supply contract between the labor supply organization and the organization or individual from abroad. If, within a maximum period of thirty days from the date of receipt of the request for the supply of Vietnamese workers from the organization or individual from abroad as stated in the labor supply contract, the labor supply organization fails to meet the requirements, then the organization or individual from abroad may directly recruit Vietnamese workers and transfer their files to the labor supply organization specified in Article 6 of this Decree to proceed with the procedures in accordance with the provisions of this Decree."

This Decree takes effect from the date of signature.

Article 2. The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree.

Article 3. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree.