Decree No. 46/1999/ND-CP amends 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. The changes include expanding the eligible entities to supply labor, requiring confirmation of resumes, and stipulating a maximum period of 30 days for the labor-supplying entity to meet the requirements of foreign organizations and individuals.
Scope of application
Ministry of Labor, Invalids, and Social Affairs, foreign-invested enterprises, foreign parties participating in joint business contracts, branches of foreign companies, representative offices of organizations: economic, trade, finance, banking, insurance, science and technology, culture, education, health, and legal advisory from foreign countries.
Key points
- Foreign-invested enterprises and foreign parties participating in joint business contracts are permitted to supply Vietnamese workers.
- Resumes must be confirmed by the People's Committee of the commune, ward, or town where the worker has registered their household registration.
- Supplying Vietnamese workers to foreign organizations and individuals shall be carried out according to a contract between the labor-supplying organization and the foreign organization or individual. If the requirements cannot be met within 30 days, the foreign organization or individual has the right to directly recruit workers.
- The labor-supplying organization must transfer files to the foreign organization or individual in accordance with Article 6 of this Decree to complete the procedures.
🌐 Social impact of this document
- permitted to supply labor more widely, creating job opportunities for Vietnamese workers.
- The requirement for resume confirmation may cause difficulties in the recruitment process.
- The 30-day period to meet the requirements of foreign organizations may affect the business operation schedule.
❓ Frequently asked questions
Who is permitted to supply labor?
Foreign-invested enterprises, foreign parties participating in joint business contracts, branches of foreign companies, representative offices of organizations: economic, trade, finance, banking, insurance, science and technology, culture, education, health, and legal advisory from foreign countries.
Whose confirmation is required for the resume?
The resume must be confirmed by the People's Committee of the commune, ward, or town where the worker has registered their household registration.
What is the maximum time limit to meet the requirements?
30 days from the date the foreign organization or individual requests the supply of Vietnamese workers as stated in the labor-supply contract.
If the requirements cannot be met within 30 days, what can the foreign organization do?
The foreign organization or individual has the right to directly recruit Vietnamese workers and transfer files to the labor-supplying organization in accordance with Article 6 of this Decree.
When does this Decree take effect?
This Decree takes effect from the date of issuance.
Full text
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.
PRIME MINISTER
Download
The original file of this document is being updated. Please read the full text and check back later.
Relations map
Click a document to open. A red border = a relation that changes validity.
Translations
This document is available in the following languages: