Decree No. 75/2014/ND-CP detailing a number of articles of the Labor Code on the recruitment, management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

 DECREE

Detailed Implementation Decree on Certain Provisions of the Labor Code Regarding Recruitment and Management of Vietnamese Workers Working for Foreign Organizations and Individuals in VietnamThe Government issues this Decree to provide detailed implementation of certain provisions of the Labor Code regarding recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.This Decree stipulates matters concerning the selection, introduction, utilization, and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Labor Code dated June 18, 2012;

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

1. Vietnamese workers are Vietnamese citizens aged eighteen years or older, capable of labor, and having full capacity for civil acts.

Article 1. Scope of Regulation

2. Foreign organizations in Vietnam are agencies and organizations from abroad permitted by competent authorities of Vietnam to operate within the territory of Vietnam, including:

Article 2. Applicability

a) Diplomatic missions, consular offices of foreign countries, representative offices of international organizations under the United Nations system, regional, and sub-regional organizations;

b) Permanent offices of foreign news agencies, press, radio, and television;

c) International organizations, intergovernmental organizations, and organizations under the foreign government;

d) Non-governmental organizations from abroad registered for operation in Vietnam according to the provisions of Government Decree No. 12/2012/NĐ-CP dated November 12, 2012, on registration and management of activities of non-governmental organizations from abroad in Vietnam;

đ) Representative offices of foreign economic, trade, financial, banking, insurance, scientific and technological, cultural, educational, health, and legal advisory organizations operating without profit in Vietnam.

3. Foreign individuals in Vietnam are foreigners working at organizations specified in Clause 2 of this Article or individuals permitted by competent Vietnamese authorities to reside in Vietnam.

4. Vietnamese agencies and organizations related to the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Article 3. Vietnamese Workers Working for Foreign Organizations and Individuals in Vietnam

Vietnamese workers as prescribed in Clause 1 of Article 2 of this Decree are permitted to work for foreign organizations and individuals in Vietnam (hereinafter referred to as foreign organizations and individuals), except Vietnamese workers who are not allowed to work for foreign organizations and individuals according to the law.

Article 4. Authority for Recruitment and Management of Vietnamese Workers Working for Foreign Organizations and Individuals

1. Competent organizations for recruitment and management of Vietnamese workers working for foreign organizations and individuals (hereinafter referred to as competent organizations for recruitment and management of Vietnamese workers) include:

a) Organizations entrusted or authorized by the Ministry of Foreign Affairs;

b) Employment service centers established by the Minister of Labor, Invalids, and Social Affairs or the Chairman of the People's Committee of provinces or centrally governed cities.

2. Organizations specified in Point a Clause 1 of this Article shall recruit, introduce, and manage Vietnamese workers working for foreign organizations and individuals as follows:

a) Foreign organizations specified in Points a, b, c, and d Clause 2 of Article 2 of this Decree;

b) Foreign individuals currently working for foreign organizations specified in Points a, b, c, and d Clause 2 of Article 2 of this Decree.

3. Employment service centers specified in Point b Clause 1 of this Article shall recruit, introduce, and manage Vietnamese workers working for foreign organizations and individuals as follows:

a) Foreign organizations specified in Point đ Clause 2 of Article 2 of this Decree;

b) Foreign individuals currently working for foreign organizations specified in Point đ Clause 2 of Article 2 of this Decree, and foreigners permitted by competent Vietnamese authorities to reside in Vietnam.

a) Foreign organizations as specified in Point đ Clause 2 Article 2 of this Decree;

b) Foreign individuals working for foreign organizations as specified in Point đ Clause 2 Article 2 of this Decree, foreigners permitted by competent authorities of Vietnam to reside in Vietnam.

Article 5. Documents for registration to apply for employment of Vietnamese workers

1. Application form for employment registration according to the model prescribed by the Ministry of Labor, Invalids and Social Affairs.

2. Copy of birth certificate.

3. Health examination certificate issued by a competent medical facility within no more than six months from the date of submitting the application.

4. Copies of diplomas and certificates related to professional technical qualifications, vocational skills, and foreign languages relevant to the job applied for. If the diplomas and certificates are in a foreign language, they must be translated into Vietnamese and certified in accordance with Vietnamese laws.

Article 6. Procedures and formalities for recruiting Vietnamese workers for foreign organizations and individuals

1. When there is a need to use Vietnamese workers, foreign organizations and individuals must submit a written request for recruitment of Vietnamese workers to the competent organization for recruiting and managing Vietnamese workers. The request must clearly state the requirements for job positions, number of workers, professional technical qualifications, vocational skills, foreign languages, recruitment period; rights and obligations of Vietnamese workers and foreign organizations and individuals during the working period and upon termination of employment for each job position requested.

2. Within fifteen working days from the date of receipt of the request from foreign organizations and individuals, the competent organization for recruiting and managing Vietnamese workers shall be responsible for selecting and introducing Vietnamese workers according to the request of foreign organizations and individuals.

3. Upon expiration of the time limit specified in Clause 2 of this Article, if the competent organization for recruiting and managing Vietnamese workers cannot select and introduce Vietnamese workers according to the request of foreign organizations and individuals, then foreign organizations and individuals may directly recruit Vietnamese workers.

4. Within seven working days after signing the labor contract, foreign organizations and individuals must notify in writing along with a copy of the signed labor contract with Vietnamese workers to the competent organization for recruiting and managing Vietnamese workers.

Article 7. Responsibilities of Vietnamese workers when working for foreign organizations and individuals

1. Adhere to Vietnamese labor laws.

2. Fulfill all terms of the signed labor contract with foreign organizations and individuals.

3. Comply with regulations of the competent organization for recruiting and managing Vietnamese workers that have introduced them to work for foreign organizations and individuals.

Article 8. Responsibilities of foreign organizations and individuals when using Vietnamese workers

1. Implement the provisions of the Labor Code and current regulations.

2. Fulfill the written request for recruitment of Vietnamese workers and the signed labor contract.

3. Report to the competent organization for recruiting and managing Vietnamese workers on the recruitment and utilization of Vietnamese workers every six months, annually, or at any time when required.

Article 9. Responsibilities of the competent organization for recruiting and managing Vietnamese workers working for foreign organizations and individuals

1. Receive applications for employment registration of Vietnamese workers and written requests for recruitment of Vietnamese workers from foreign organizations and individuals.

2. Organize the selection, introduction, and management of Vietnamese workers working for foreign organizations and individuals.

3. Participate in training and enhancing the qualifications of Vietnamese workers to meet the requirements of foreign organizations and individuals.

4. Report every six months, annually, or at any time when required on the recruitment and management of Vietnamese workers working for foreign organizations and individuals as follows:

a) Organizations entrusted or authorized by the Ministry of Foreign Affairs to recruit and manage Vietnamese workers working for foreign organizations and individuals report to the Ministry of Foreign Affairs.

b) Employment service centers established by the Minister of Labor, Invalids and Social Affairs report to the Ministry of Labor, Invalids and Social Affairs and the Department of Labor, Invalids and Social Affairs where the center's main office is located.

c) Employment Service Centers established by the Chairman of the People's Committee of a province or centrally governed city shall report to the Department of Labor, Invalids and Social Affairs.

5. Performing other tasks as prescribed by law.

Article 10. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. Implement state management over the recruitment and management of Vietnamese workers working for foreign organizations and individuals.

2. Guide, inspect, and audit the implementation of this Decree.

3. Aggregate and report to the Prime Minister on Vietnamese workers working for foreign organizations and individuals annually or at any time when required.

Article 11. Responsibilities of the Ministry of Foreign Affairs

1. Managing Vietnamese workers working for foreign organizations and individuals as specified in Points a, b, c, and d Clause 2 Article 2 of this Decree.

2. Managing organizations assigned or authorized by the Ministry of Foreign Affairs to recruit, manage Vietnamese workers working for foreign organizations and individuals.

3. Guiding the implementation of selection, introduction, and management of Vietnamese workers working for foreign organizations and individuals as specified in Points a, b, c, and d Clause 2 Article 2 of this Decree.

4. Reporting to the Ministry of Labor - Invalids and Social Affairs on the recruitment and management of Vietnamese workers working for foreign organizations and individuals within its jurisdiction every six months, annually, or at any time when required.

Article 12. Responsibilities of the Ministry of Finance

Taking the lead and coordinating with the Ministry of Foreign Affairs to guide the management, utilization, and settlement of funds supported by the state budget for organizations assigned or authorized by the Ministry of Foreign Affairs to perform tasks managing Vietnamese workers working for foreign organizations and individuals as specified in Points a, b, c, and d Clause 2 Article 2 of this Decree.

Article 13. Responsibilities of the Ministry of Public Security

Cooperating with competent authorities to manage Vietnamese workers working for foreign organizations and individuals and foreign organizations and individuals employing Vietnamese workers to implement legal provisions concerning security, public order, and social safety.

Article 14. Responsibilities of the People's Committee of provinces and centrally governed cities

1. Implementing state management over the recruitment and management of Vietnamese workers working for foreign organizations and individuals within the jurisdiction of the locality.

2. Supervising and inspecting the selection, introduction, employment, and management of Vietnamese workers working for foreign organizations and individuals.

3. Reporting to the Ministry of Labor - Invalids and Social Affairs on the recruitment and management of Vietnamese workers working for foreign organizations and individuals within the jurisdiction of the locality every six months, annually, or at any time when required.

Article 15. Effective Date

This Decree takes effect from September 15, 2014.

2. The Government's Decree No. 85/1998/NĐ-CP dated October 20, 1998 on the selection, use, and management of Vietnamese workers working for foreign organizations and individuals in Vietnam; the Government's Decree No. 46/1999/NĐ-CP dated July 1, 1999 amending some articles of the Government's Decree No. 85/1998/NĐ-CP dated October 20, 1998 on the selection, use, and management of Vietnamese workers working for foreign organizations and individuals in Vietnam; the Government's Decree No. 75/2001/NĐ-CP dated October 19, 2001 amending and supplementing some articles of the Government's Decrees No. 46/1999/NĐ-CP dated July 1, 1999 and No. 85/1998/NĐ-CP dated October 20, 1998 on the selection, use, and management of Vietnamese workers working for foreign organizations and individuals in Vietnam shall cease to be effective from the date this Decree takes effect.

Article 16. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central government, and related agencies, organizations, and individuals are responsible for implementing this Decree./.