Decree No. 75/2001/ND-CP Amending and Supplementing Certain Provisions of Decree No. 46/1999/ND-CP dated July 1, 1999 and Decree No. 85/1998/ND-CP dated October 20, 1998 of the Government on the Selection, Use, and Management of Vietnamese Laborers Working for Foreign Organizations and Individuals in Vietnam.

DECREE

Amending and supplementing certain Articles of

Decree No. 46/1999/NĐ-CP dated July 1, 1999, and Decree No. 85/1998/NĐ-CP dated October 20, 1998, of the Government on the selection, use, and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Decree No. 46/1999/NĐ-CP dated July 1, 1999, of the Government amending some 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 foreign organizations and individuals in Vietnam.

The Government amends Clause 1 and Clause 3 of Article 1 of Decree No. 46/1999/NĐ-CP dated July 1, 1999, of the Government amending some 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 foreign organizations and individuals in Vietnam as follows:

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 become Clause 4 of Article 2 as follows:

1. Clause 1 of Article 1 is amended and supplemented as follows:

4. Representative offices operating non-profit activities in Vietnam of foreign economic, trade, financial, banking, insurance, scientific and technological, cultural, educational, health care, and other sectors."

2. Clause 3 of Article 1 shall be amended as follows:

"3. Article 10 shall be amended to become Article 10 as follows:

The provision of Vietnamese workers to foreign organizations and individuals shall be carried out through labor supply contracts between the labor supply organization and the foreign organizations and individuals. Within a period not exceeding 15 days from the date of receiving the request for supplying Vietnamese workers from foreign organizations and individuals as agreed upon in the labor supply contract, if the labor supply organization fails to meet the requirements, the foreign organizations and individuals may directly recruit Vietnamese workers and transfer their files to the labor supply organization specified in Article 6 of this Decree to handle procedures according to the provisions of this Decree."

Article 19 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 foreign organizations and individuals in Vietnam shall be amended and supplemented as follows:

Article 21. The Ministry of Foreign Affairs shall be responsible for designating or establishing labor supply organizations for Vietnamese workers working for foreign organizations and individuals as stipulated in Clauses 1, 2, and 3 of Article 2 of this Decree.

"Article 19.

The People's Committees of provinces and centrally governed cities shall be responsible for designating or establishing labor supply organizations for Vietnamese workers working for foreign organizations and individuals as stipulated in Clause 4 of Article 2 of this Decree.

2. The Ministry of Finance shall provide guidance on the financial mechanism for labor supply organizations assigned the task of supplying Vietnamese workers to work for foreign organizations and individuals as stipulated in Clause 1 of this Article."

The selection, use, and management of Vietnamese workers working for foreign organizations and individuals in Vietnam that do not fall within the scope of this Decree shall be implemented in accordance with detailed regulations promulgated by the Government to implement the Labor Code, the Law on Investment by Foreign Organizations and Individuals in Vietnam, and the guidelines of the Ministry of Labor, Invalids, and Social Affairs.

Article 3. This Decree takes effect fifteen days from the date of signature. All previous regulations contrary to this Decree are hereby abolished.

The selection, use, and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam, which are not covered by this Decree, shall be carried out in accordance with other detailed regulations of the Government implementing the Labor Code and the Law on Foreign Investment in Vietnam, and in accordance with the guidelines of the Ministry of Labor, Invalids, and Social Affairs.

Article 4. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.