Circular Joint No. 716/VBHN-BLDTBXH guiding the implementation of certain provisions of the Agreement between the Government of Vietnam and the Government of Australia on the Combined Work and Holiday Program. The document stipulates conditions and procedures for issuing Introduction Letters, work permits, and visas for Australian citizens to work in Vietnam; at the same time, it guides relevant agencies in managing and supervising the Program.
Đối tượng áp dụng
Vietnamese citizens going to Australia for combined work and holiday, Australian citizens coming to Vietnam for combined work and holiday, organizations and enterprises in Vietnam employing Australian citizens.
Các điểm cốt lõi
- Australian citizens need to submit an application including passport, air ticket, health certificate, and introduction letter to be granted a work permit in Vietnam.
- The validity period of the work permit does not exceed 12 months, shorter than the passport's validity by at least 30 days.
- Australian citizens are only allowed to work during the participation period of the Program and cannot work for the entire 12-month holiday period.
- In case of loss or change in the content of the work permit, citizens may apply for reissue.
- The Employment Bureau is responsible for reviewing applications, issuing work permits, and notifying results to the Vietnamese representative office.
🌐 Tác động xã hội từ văn bản này
- Creating opportunities for Australian citizens to work in Vietnam during their rest periods.
- Helping employers in Vietnam recruit high-quality labor from Australia.
- Continuing to maintain the Combined Work and Holiday Program between the two countries, strengthening economic and social relations.
❓ Câu hỏi thường gặp
What documents must Australian citizens prepare to obtain a work permit?
Australian citizens need to submit an application including a valid passport, air ticket or proof of sufficient funds to purchase an air ticket, health certificate, and an introduction letter from an authorized government agency of Australia.
What is the validity period of the work permit?
The validity period of the work permit does not exceed 12 months, shorter than the passport's validity by at least 30 days.
How long can Australian citizens work in Vietnam?
Australian citizens are only allowed to work during the participation period of the Program and cannot work for the entire 12-month holiday period.
What should citizens do if the work permit is lost?
Australian citizens need to submit an application for reissuance of the work permit and have confirmation from the Public Security Ward, Town, or District Office or an authorized agency or organization of a foreign country.
What responsibilities do employers in Vietnam have under this Program?
Employers are not allowed to sign employment contracts exceeding six months with Australian citizens participating in the Program and must report on recruitment and utilization of labor.
Toàn văn
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| SOCIALIST REPUBLIC OF VIET NAM
|
JOINT CIRCULAR
Guidelines for Implementing Certain Provisions of the Agreement between the Government of the Socialist Republic of Vietnam and the Government of Australia on the Combined Work and Holiday Program
Joint Circular No. 21/2016/TTLT-BLDTBXH-BCA-BNG dated June 29, 2016, issued by the Ministry of Labor - Invalids and Social Affairs, the Ministry of Public Security, and the Ministry of Foreign Affairs, guiding the implementation of certain provisions of the Agreement between the Government of the Socialist Republic of Vietnam and the Government of Australia on the Combined Work and Holiday Program, effective from August 19, 2016, amended and supplemented by:
Circular No. 08/2023/TT-BLDTBXH dated August 29, 2023, issued by the Minister of Labor - Invalids and Social Affairs, amending and supplementing, abolishing certain provisions of Circulars and Joint Circulars concerning the submission and presentation of paper household registration books, paper temporary residence certificates, or other documents requiring confirmation of place of residence when performing administrative procedures under the management of the Ministry of Labor - Invalids and Social Affairs, effective from October 12, 2023.
Pursuant to the Law on Ratification, Accession and Implementation of International Treaties dated June 14, 2005;
Pursuant to the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam dated June 16, 2014;
Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;
Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;
Pursuant to Decree No. 58/2013/NĐ-CP dated June 11, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;
BThe Minister of Labor - Invalids and Social Affairs, the Minister of Public Security, and the Minister of Foreign Affairs issue this Joint Circular guiding the implementation of certain Articles of the Agreement between the Government of the Socialist Republic of Vietnam and the Government of Australia on the Combined Work and Holiday Program (hereinafter referred to as the Agreement) as follows[1]:
Chapter I. SCOPE AND APPLICABLE OBJECTS
Article 1. Scope of Application
This Circular stipulates the conditions, procedures, and formalities for issuing the Letter of Introduction agreeing to stay in Australia for Vietnamese citizens working and holidaying in Australia (hereinafter referred to as the Letter of Introduction), issuing work permits for combined work and holiday (hereinafter referred to as work permits), issuing visas and residence permits for Australian citizens working and holidaying in Vietnam.
Article 2. Applicability
The applicable objects are Vietnamese citizens going to Australia to work and holiday (hereinafter referred to as Vietnamese citizens); Australian citizens coming to Vietnam to work and holiday (hereinafter referred to as Australian citizens); agencies, organizations, enterprises (hereinafter referred to as employers) in Vietnam employing Australian citizens.
Chapter II[2] (is repealedỏ)
Chapter III. ISSUANCE AND RENEWAL OF WORK PERMITS FOR AUSTRALIAN CITIZENS
Article 11. Application Documents for Issuing Work Permits
1. Application form for issuing work permits for Australian citizens according to Model No. 4 attached hereto.
2. Valid passport of the Australian citizen with validity exceeding six months from the date of expected participation in the Program.
3. Proof of having sufficient funds to purchase air tickets and to support the Australian citizen's purpose of traveling and finding casual employment in Vietnam.
Annually, the Employment Bureau, Ministry of Labor - Invalids and Social Affairs (hereinafter referred to as the Employment Bureau) will announce the amount mentioned above.
4. Health certificate issued not more than twelve months prior to the date of submitting the application for issuance of work permits.
5. Criminal record sheet or equivalent document issued by a competent authority abroad confirming that the applicant for work permit is not a criminal or subject to criminal prosecution; issued not more than six months prior to the date of submitting the application for issuance of work permits.
6. Graduation certificate of bachelor’s degree or proof of completing at least two years of full-time undergraduate studies.
7. Letter of introduction from the competent authority of the Government of Australia agreeing to stay in Vietnam according to the terms of the Program.
Documents specified in Clauses 2, 3, 4, 5, 6, and 7 of this Article shall be one copy of the certified true copy or one copy certified from the original.
Article 12. Duration of Work Permit and Visa
1. The duration of the work permit issued upon request of Australian citizens shall be shorter than the validity period of their passport by at least 30 days but not exceeding 12 months.
2. The duration of the visa issued to Australian citizens shall be equal to the duration of the work permit.
Article 13. Procedures for Issuing Work Permits, Visas, and Temporary Residence Certificates
1. Procedures for issuing work permits:
a) At least 30 days before the expected date of entry into Vietnam, Australian citizens submit applications for work permits directly, through postal services, or via the internet (if eligible) to the diplomatic or consular agencies of Vietnam in Australia (hereinafter referred to as the Vietnamese Agency).
b) Within five working days from the date of receiving complete applications for work permits from Australian citizens, the Vietnamese Agency transmits these applications via email or fax to the Employment Bureau.
c) Within seven working days from the date of receiving complete applications for work permits from the Vietnamese Agency, the Employment Bureau notifies the Vietnamese Agency in writing of the issuance or non-issuance of the work permit.
2. Procedures for issuing visas and temporary residence certificates:
a) Within two working days from the date of the result of the work permit issuance, the Employment Bureau sends a letter requesting the Immigration Control Department under the Ministry of Public Security (hereinafter referred to as the Immigration Control Department) to consider and approve the visa for Australian citizens according to Form NA2 issued together with Circular No. 04/2015/TT-BCA dated January 5, 2015 of the Ministry of Public Security on forms related to entry, exit, transit, and residence of foreigners in Vietnam.
b) Within five working days from the date of receipt of the Employment Bureau's letter, the Immigration Control Department considers, resolves, and responds to the Employment Bureau while simultaneously notifying the Vietnamese Agency to issue the visa.
In case a visa is not granted to Australian citizens, the Immigration Control Department responds in writing to the Employment Bureau and specifies the reasons for the Employment Bureau to notify the Vietnamese Agency to respond to the Australian citizens.
c) Upon entry into Vietnam, Australian citizens are issued a temporary residence certificate by the border control agency at the port of entry. The duration of the temporary residence certificate issued shall correspond to the validity period of the visa.
Article 14. Receiving Work Permits
Within five working days from the date of entry into Vietnam, Australian citizens shall collect their work permits at the Employment Bureau’s office or at the address stated in the application for work permit.
Article 15. Number of Work Permits
Annually, the Employment Bureau issues a maximum of 200 work permits to Australian citizens who meet the conditions stipulated in the Program.
Article 16. Format of Work Permit
1. Work permit according to Form No. 5 issued together with this Circular.
2. The Work Permit is organized for printing and implemented uniformly by the Employment Bureau.
Article 17. Use of Work Permit
1. Citizens of Australia may only work during the Period of Participation in the Program recorded on the Work Permit; they shall not work for the entire twelve months during the holiday period; they shall not work for more than six months for one employer, except where permission has been granted by the Employment Agency.
2. Citizens of Australia are responsible for keeping the issued Work Permit valid while it remains in effect.
3. Citizens of Australia must present the Work Permit when processing procedures related to departure, entry, residence, and upon request by authorized state agencies.
Article 18. Cases for Reissuing the Work Permit
The Work Permit will be reissued in cases of loss, damage, or changes to the content recorded on the issued Work Permit.
Article 19. Documents for Requesting Reissuance of the Work Permit
1. Application form for requesting reissuance of the Work Permit according to Form No. 6 promulgated together with this Circular.
2. The issued Work Permit.
a) In case the Work Permit is lost, there must be confirmation from the local police station in Vietnam or the competent authority of another country as prescribed by law.
b) In case of changes to the content recorded on the Work Permit, proof documents must be provided.
The documents specified in Clause 2 of this Article shall be one copy certified true copy or one copy certified from the original.
Article 20. Procedure for Reissuing the Work Permit
1. Citizens of Australia submit the application for reissuance of the Work Permit directly, through postal service, or via the internet (if applicable conditions are met) to the Employment Agency.
2. Within three working days from the date of receipt of the complete application for reissuance of the Work Permit from citizens of Australia, the Employment Agency will reissue the Work Permit. If the Work Permit is not reissued, a written response stating the reasons will be provided.
Article 21. Receiving the Reissued Work Permit
Citizens of Australia will receive the reissued Work Permit at the Employment Agency's office or at the address stated in the application for reissuance of the Work Permit.
Article 22. Cases Where the Work Permit Expires
1. The Work Permit expires at the end of its validity period.
2. Citizens of Australia are sentenced to imprisonment, die, or are declared dead or missing by a court.
Chapter IV. IMPLEMENTATION RESPONSIBILITY AND EFFECTIVENESS OF IMPLEMENTATION
Article 23. Responsibility for Implementation
1. Responsibilities of the Vietnamese Representative Office:
a) To disseminate and publicize the provisions of this Circular to Australian citizens interested in the Combined Work and Holiday Program in Vietnam;
b) To receive and transfer applications for Work Permits from Australian citizens to the Employment Agency;
c) To notify Australian citizens and the Department of Home Affairs of Australia about the cases where Australian citizens are eligible to participate in the Combined Work and Holiday Program;
d) To issue visas to Australian citizens based on the notification of visa issuance results from the Immigration Management Department.
2. Responsibilities of the Immigration Management Department:
a) To review and approve visa issuance for Australian citizens who have received Work Permit results;
b) To notify the Employment Agency and the Vietnamese Representative Office about the visa issuance review results for Australian citizens participating in the Combined Work and Holiday Program;
c) To take the lead and coordinate with the Employment Agency and the Consular Department of the Ministry of Foreign Affairs (hereinafter referred to as the Consular Department) to handle cases where Australian citizens under this Circular violate Vietnamese laws on entry, exit, and residence of foreigners in Vietnam and regulations on participation of Australian citizens in the Combined Work and Holiday Program.
3. Responsibilities of the Employment Agency:
a) To receive and examine applications for issuance and reissuance of Work Permits;
b) To issue and reissue Work Permits for Australian citizens;
c) To notify the Vietnamese Representative Office of the results of issuing Work Permits;
d) To request the Immigration Management Department to review and approve visa issuance for Australian citizens who have received Work Permit results;
đ) To notify the Australian Diplomatic Mission in Vietnam, the Immigration Management Department, and the Consular Department after completing the issuance of 200 Work Permits each year and stopping the issuance of Work Permits for Australian citizens;
e) To coordinate with the Immigration Management Department and the Consular Department to handle cases where Australian citizens under this Circular violate Vietnamese laws on entry, exit, and residence of foreigners in Vietnam;
g) To announce the number of issued Work Permits, cases where Work Permits expire, and other relevant information on the Employment Agency’s website at http://www.vieclamvietnam.gov.vn so that Australian citizens can be informed and comply;
h) To implement fees and charges as prescribed by law.
For cases where the Work Permit expires as stipulated in Clause 2 of Article 22 of this Circular, notifications shall be made to the Vietnamese Representative Office, the Australian Diplomatic Mission in Vietnam, the Immigration Management Department, and the Consular Department.
4. Responsibilities of the Overseas Labor Management Department:
a) To build, manage, and maintain software for registering Introduction Letters for Vietnamese citizens;
b) To receive applications for issuance and reissuance of Introduction Letters from Vietnamese citizens;
c) To issue and reissue Introduction Letters for Vietnamese citizens;
d) To provide information to Vietnamese citizens wishing to participate in the Program.
5. Responsibilities of the Consular Department:
a) To guide the Vietnamese Representative Office in implementing the provisions of this Circular;
b) To coordinate with the Immigration Management Department and the Employment Agency to handle cases where Australian citizens under this Circular violate Vietnamese laws on entry, exit, and residence of foreigners in Vietnam and regulations on participation of Australian citizens in the Combined Work and Holiday Program in accordance with their functions and responsibilities.
c) Notify the Vietnamese representative offices to cease accepting applications from Australian citizens after receiving the notification from the Employment Department regarding the completion of issuing 200 work permits each year.
6. Responsibilities of employers:
a) Comply with Vietnamese laws related to Australian citizens;
b) Not enter into contracts or agreements for more than six months for Australian citizens participating in the Combined Work and Holiday Program, except where permitted by the Employment Department;
c) Report on the recruitment and employment of Australian citizens to the Employment Department including information on their names, work permit numbers, working periods, and other relevant information.
7. Responsibilities of Australian citizens:
a) Fully comply with this Circular and Vietnamese laws;
b) Submit applications for work permits according to regulations;
c) Pay visa fees and other costs as stipulated by Vietnamese laws.
8. Responsibilities of Vietnamese citizens:
Fully comply with this Circular and Australian laws.
Article 24. Effective Date[3]
1. This Circular takes effect from August 19, 2016.
2. In case of difficulties during implementation, please report to the Ministry of Labour - Invalids and Social Affairs, the Ministry of Public Security, and the Ministry of Foreign Affairs for timely guidance and supplementation.
| MINISTRY OF LABOUR - INVALIDS AND SOCIAL AFFAIRS No.: 716/VBHN-BLDTBXH
Place of Receipt: | CERTIFIED CONSOLIDATED DOCUMENTCONSOLIDATED DOCUMENT
Hà Nội|||On February 26, year 2024
Deputy DirectorPRIME MINISTER |
Model No. 1[4] (approvedto be rescindedỏ)
Form No. 2[5] (approvedto be rescindedỏ)
Model No. 3[6] (approvedto be rescindedỏ)
Model No. 4: Issued together with Joint Circular No. 21/2016/TTLT-BLDTBXH-BCA-BNG dated June 29, 2016 guiding the implementation of certain Articles of the Agreement between the Government of the Socialist Republic of Vietnam and the Government of Australia on the Combined Work and Holiday Program.
Done at …… on …… the …… Year ……
Done at ……… date ……… (Day, Month, Year)
APPLICATION FOR ISSUE OF A WORK AND HOLIDAY PERMIT
Application for issuance of a work and holiday permit
| Respectfully submitted to: | - Vietnamese Representative Missions in Australia; |
| To: | - Employment Department, Ministry of Labour-Invalids and Social Affairs. |
| 1. Full Name (in capital letters): … | 2. Gender: Male □ | Female □ |
| Full name (in capital letters): … | Sex: Male □ | Female □ |
3. Date of Birth (Day, Month, Year): …
Date of Birth (Day, Month, Year): …
4. Nationality: …
Nationality: …
5. Passport Number: …Issued on: …
Passport number: …Date of issue …
Issued by: …Expiry date: …
Issued by: …Date of expiry: …
6. Educational Qualification: …
Level of Education: …
7. Contact Address: …
Contact Address: …
Telephone: …Mobile Phone: …Email: …
Tel:…Mobile phone: …Email …
8. Apply to participate in the Work and Holiday Program from …… month …… year …… to …… month …… year ……
Apply to take part in the Work and Holiday Programme: from…to …
9. Address to Deliver the Work and Holiday Permit: …
Address to Deliver the Work and Holiday Permit: …
10. Intended Temporary Residential Address in Vietnam: …
Intended Temporary Residential Address in Viet Nam: …
11. Action Plan in Areas of Vietnam: …
The action plan in the areas of Viet Nam: …
I have studied and will fully comply with the Vietnamese laws relating to Australian citizens participating in the Combined Work and Holiday Program in Vietnam. I hereby declare that the above information is true.
I hereby acknowledge and will comply with the provisions of the Vietnamese law relating to Australian applicants taking part in the Work and Holiday Programme in Viet Nam. I declare to the best of my knowledge that all the above particulars are correct.
|
| Applicant |
Model No. 5: Issued together with Joint Circular No. 21/2016/TTLT-BLDTBXH-BCA-BNG dated June 29, 2016 guiding the implementation of certain Articles of the Agreement between the Government of the Socialist Republic of Vietnam and the Government of Australia on the Combined Work and Holiday Program.
Model No. 6: Issued together with Joint Circular No. 21/2016/TTLT-BLDTBXH-BCA-BNG dated June 29, 2016 guiding the implementation of certain Articles of the Agreement between the Government of the Socialist Republic of Vietnam and the Government of Australia on the Combined Work and Holiday Program.
Done tperiodi …… dated …… the …… Year ……
Done at ………… date ……… (Day, Month, Year)
TAPPLICATION FOR REISSUANCE OF A WORK AND HOLIDAY PERMIT
Application for reissuance of a work and holiday permit
| Respectfully submitted to: | Employment Department, Ministry of Labour-Invalids and Social Affairs. |
| To: | Employment Department, Ministry of Labour-Invalids and Social Affairs |
| 1. Full Name (in capital letters): … | 2. Gender: Male □ | Female □ |
| Full name (in capital letters): … | Sex: Male □ | Female □ |
3. Date of Birth (Day, Month, Year): …
Date of Birth (Day, Month, Year): …
4. Nationality: …
Nationality: …
5. Passport Number: …Issued on: …
Passport number: …Date of issue …
Issued by: …Expiry date: …
Issued by: …Date of expiry: …
6. Contact Address: …
Contact Address: …
7. Telephone: …Mobile Phone: …Email: …
Tel:…Mobile phone: …Email …
8. Work and holiday permit issued No.: …
Work and holiday permit issued No.:…
9. Apply for reissuance of a work and holiday permit.
Apply for reissuance of a work and holiday permit.
10. Reasons: …
The reasons for applying for reissuance: …
11. Address to Deliver the Reissued Work and Holiday Permit: …
Address to Deliver the Work and Holiday Permit: …
I declare to the best of my knowledge that all the above particulars are correct.
I declare to the best of my knowledge that all the above particulars are correct.
|
| Applicant |
[1] Circular No. 08/2023/TT-BLDTBXH dated August 29, 2023 of the Minister of Labour - Invalids and Social Affairs amending, supplementing, and abolishing certain articles of the Circulars and Joint Circulars promulgated by the Minister of Labour - Invalids and Social Affairs, jointly promulgated, concerning the submission, presentation of paper household registration books, paper temporary residence books, or documents requiring confirmation of place of residence when performing administrative procedures under the management of the Ministry of Labour - Invalids and Social Affairs is based on the following:
"Pursuant to the Law on Household Registration dated November 13, 2020;
Pursuant to the Law on Issuing Legal Documents dated June 22, 2015 and the Law Amending and Supplementing Certain Provisions of the Law on Issuing Legal Documents dated June 18, 2020;
Based on Decree No. 62/2022/NĐ-CP dated September 12, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;
Pursuant to Decree No. 104/2022/NĐ-CP dated December 21, 2022 of the Government amending and supplementing certain articles of the decrees concerning the submission, presentation of paper household registration books, paper temporary residence books when performing administrative procedures, providing public services;
the Director the proposal of the Legal Department Director;
BThe Minister of Labour - Invalids and Social Affairs issues the Circular amending, supplementing, and abolishing certain articles of the Circulars and Joint Circulars promulgated by the Minister of Labour - Invalids and Social Affairs, jointly promulgated.
[2] This Chapter includes Articles 3, 4, 5, 6, 7, 8, 9, and 10 which have been repealed pursuant to Clause 5 of Article 3 of Circular No. 08/2023/TT-BLDTBXH dated August 29, 2023, issued by the Minister of Labor, Invalids, and Social Affairs to amend, supplement, and repeal certain provisions of Circulars and Joint Circulars concerning the submission and presentation of paper household registration books, paper temporary residence books, or other documents requiring confirmation of place of residence when performing administrative procedures under the management of the Ministry of Labor, Invalids, and Social Affairs, effective from October 12, 2023.
[3] Article 5 of Circular No. 08/2023/TT-BLDTBXH amending, supplementing, and repealing certain provisions of Circulars and Joint Circulars concerning the submission and presentation of paper household registration books, paper temporary residence books, or other documents requiring confirmation of place of residence when performing administrative procedures under the management of the Ministry of Labor, Invalids, and Social Affairs, effective from October 12, 2023, provides as follows:
"1. This Circular shall take effect from October 12, 2023.
2.For samples of documents that are part of the administrative procedure dossier received before this Circular takes effect and have not yet been resolved, they shall continue to be processed according to the provisions of the Circulars and Joint Circulars that have not been amended, supplemented, or repealed by this Circular.
3. The Director of the Legal Department, Heads of State Management Units under the Ministry of Labor, Invalids, and Social Affairs, and relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.During implementation, if there are any difficulties, they are requested to promptly report to the Ministry of Labor, Invalids, and Social Affairs for study and resolution."
In the process of implementation, if there are any difficulties, they are requested to promptly report to the Ministry of Labor, Invalids, and Social Affairs for study and resolution..
[4] This Model has been repealed pursuant to Clause 5 of Article 3 of Circular No. 08/2023/TT-BLDTBXH dated August 29, 2023, issued by the Minister of Labor, Invalids, and Social Affairs to amend, supplement, and repeal certain provisions of Circulars and Joint Circulars concerning the submission and presentation of paper household registration books, paper temporary residence books, or other documents requiring confirmation of place of residence when performing administrative procedures under the management of the Ministry of Labor, Invalids, and Social Affairs, effective from October 12, 2023.
[5] This Model has been repealed pursuant to Clause 5 of Article 3 of Circular No. 08/2023/TT-BLDTBXH dated August 29, 2023, issued by the Minister of Labor, Invalids, and Social Affairs to amend, supplement, and repeal certain provisions of Circulars and Joint Circulars concerning the submission and presentation of paper household registration books, paper temporary residence books, or other documents requiring confirmation of place of residence when performing administrative procedures under the management of the Ministry of Labor, Invalids, and Social Affairs, effective from October 12, 2023.
[6] This Model has been repealed pursuant to Clause 5 of Article 3 of Circular No. 08/2023/TT-BLDTBXH dated August 29, 2023, issued by the Minister of Labor, Invalids, and Social Affairs to amend, supplement, and repeal certain provisions of Circulars and Joint Circulars concerning the submission and presentation of paper household registration books, paper temporary residence books, or other documents requiring confirmation of place of residence when performing administrative procedures under the management of the Ministry of Labor, Invalids, and Social Affairs, effective from October 12, 2023.
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