Decree No. 85/1998/ND-CP On the Selection, Employment, and Management of Vietnamese Workers Working for Foreign Organizations and Individuals in Vietnam

DECREE

Regarding the selection, use, and management of Vietnamese workers

working for foreign organizations and individuals in Vietnam

THE GOVERNMENT

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

Pursuant to the Labour Code dated June 23, 1994;

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

DECREE:

PART I
GENERAL PROVISIONS

Article 1. The Vietnamese workers referred to in this Decree are Vietnamese citizens aged eighteen years or older, residing permanently in Vietnam, with clear records, and possessing full capacity for civil conduct.

Article 2. Foreign organizations in Vietnam referred to in this Decree are agencies and organizations from abroad that have been authorized by competent authorities of Vietnam to operate on Vietnamese territory, including:

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

2. Representative offices of foreign news agencies, press, radio, and television.

3. Representative offices and project offices of non-governmental organizations from abroad.

4. Project offices of foreign investments, branches of foreign companies, representative offices of economic, commercial, financial, banking, insurance, scientific and technical, cultural, educational, health, and legal advisory organizations from abroad.

Article 3. Foreign individuals in Vietnam referred to in this Decree are those holding foreign nationality working at the agencies mentioned in Article 2 of this Decree or persons permitted by competent Vietnamese authorities to reside in Vietnam.

Article 4. The Government of Vietnam encourages foreign organizations and individuals in Vietnam (hereinafter referred to as foreign organizations and individuals) to employ Vietnamese workers in accordance with this Decree and the Labor Code of the Socialist Republic of Vietnam.

PART II
THE SELECTION, USE AND MANAGEMENT OF VIETNAMESE WORKERS
WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM

Article 5. Vietnamese workers meeting the conditions stipulated in Article 1 of this Decree are permitted to work for foreign organizations and individuals, except for the following categories:

1. Current civil servants, public officials; officers, non-commissioned officers, soldiers of the Vietnam People's Army and the Vietnam People's Public Security currently serving;

2. Individuals belonging to the category mentioned in Clause 1 of this Article who have retired or left their jobs due to reaching retirement age or being discharged from military service and have not yet completed five years since retirement or discharge;

3. Spouses of individuals engaged in work related to state secrets;

4. Individuals who have been disciplined for disclosing state secrets or national security information;

5. Individuals currently under criminal investigation, individuals currently serving a court judgment or decision regarding criminal matters, or individuals who have not had their criminal record expunged.

Article 6.

1. Vietnamese workers wishing to work for foreign organizations and individuals mentioned in Clauses 1, 2, and 3 of Article 2 of this Decree must submit job application documents to labor supply organizations under the Ministry of Foreign Affairs.

2. Vietnamese workers wishing to work for foreign organizations and individuals mentioned in Clause 4 of Article 2 of this Decree must submit job application documents to labor supply organizations under the People's Committee of the province or centrally administered city where the foreign organization or individual has its main office.

Article 7. Job application documents of workers include:

1. Job application form (according to the model prescribed by the Ministry of Labor, Invalids and Social Affairs);

2. Employment book, in cases where the worker has not yet received an employment book, they must provide an introduction letter from the People's Committee of the commune, ward, or town where the worker is registered;

3. A detailed resume confirmed by the police station of the commune, ward, or town where the worker is registered;

4. A valid health certificate issued by a medical authority;

5. Four color photographs in passport format (4x6);

6. Certified copies of certificates and diplomas related to cultural education, professional skills, vocational training, and foreign languages relevant to the job applied for, certified by competent authorities.

Article 8. Foreign organizations and individuals wishing to use Vietnamese workers must send a request document to the labor supply organization specified in Article 6 of this Decree. In the request document, it must clearly specify the standards, quantity, and recruitment period required; rights and obligations of Vietnamese workers and foreign organizations and individuals during the employment period and upon termination of employment.

Article 9. The labor supply organizations specified in Article 6 of this Decree are responsible for:

1. Receiving job application documents of Vietnamese workers and requests for labor supply from foreign organizations and individuals;

2. Entering into labor supply contracts with foreign organizations and individuals;

3. Organizing the selection, recommendation, and supply of Vietnamese workers to foreign organizations and individuals according to the labor supply contracts already concluded;

4. Handling administrative and personnel procedures for Vietnamese workers working for foreign organizations and individuals according to the authorization of competent state management authorities;

5. Adhering strictly to the provisions of the Labor Code, this Decree, and other relevant laws of Vietnam;

6. Reporting periodically every six months and annually to the competent labor authority about the situation of selecting, training, and supplying Vietnamese workers to work for foreign organizations and individuals.

Article 10. The supply of Vietnamese workers to foreign organizations and individuals shall be carried out according to the labor supply contract between the labor supply organization and the foreign organization and individual. In case the labor supply organization fails to meet the requirements of the foreign organization and individual after the recruitment period stipulated in the labor supply contract has expired, the foreign organization and individual may directly recruit Vietnamese workers and transfer the documents to the labor supply organization specified in Article 6 of this Decree to handle the procedures as prescribed in this Decree.

Article 11. The labor contract is directly concluded between Vietnamese workers and foreign organizations and individuals according to the model prescribed by the Ministry of Labor, Invalids and Social Affairs. Vietnamese workers can only conclude a labor contract with foreign organizations and individuals when introduced by a labor supply organization and must not contravene the labor supply contract stipulated in Article 10 of this Decree.

Article 12. Labor supply organizations are allowed to organize training and upgrading of Vietnamese workers' qualifications to meet the labor requirements of foreign organizations and individuals.

Article 13. Responsibilities of Vietnamese workers when working for foreign organizations and individuals:

1. Fulfill all obligations to the State as prescribed by Vietnamese law;

2. Comply with all terms of the labor contract concluded with foreign organizations and individuals;

3. Adhere to the regulations of the labor supply organization that has introduced, guided, and facilitated their employment at foreign organizations and individuals.

Article 14. Responsibilities of foreign organizations and individuals when employing Vietnamese workers:

1. Comply with the provisions of the Labor Code, this Decree, and other relevant Vietnamese laws;

2. Comply with the labor supply contract and labor contract concluded;

3. When it is necessary to send Vietnamese workers abroad for training, foreign organizations and individuals must submit a notification document specifying the number, duration, location, and field of training to the labor supply organization referred to in Article 6 of this Decree to implement the provisions of Clause 4, Article 9 of this Decree.

Article 15. The Department of Labor, Invalids and Social Affairs of provinces and centrally governed cities shall be responsible for supervising and inspecting the selection, training, and supply of Vietnamese workers employed by foreign organizations and individuals by labor supply organizations under their jurisdiction; periodically report every six months or annually to the People's Committee of the province or centrally governed city, the Ministry of Labor, Invalids and Social Affairs, and related ministries and sectors on the situation of selection, training, supply, and management of Vietnamese workers employed by foreign organizations and individuals within their jurisdiction.

CHAPTER III
HANDLING VIOLATIONS

Article 16. Vietnamese workers, labor supply organizations, and foreign organizations and individuals who fail to fully comply with or violate the provisions of this Decree shall be subject to administrative penalties or criminal liability追究根据越南法律的规定，视其为集体或个人、违法行为的性质和程度而定。

PART IV
IMPLEMENTING PROVISIONS

Article 17. This Decree takes effect from January 1, 1999. Previous conflicting regulations are abolished.

Article 18. Within ninety days from the date this Decree comes into force, Vietnamese workers who have been working for foreign organizations and individuals prior to the effective date of this Decree and whose labor contracts are still valid must supplement their files in accordance with the provisions of Article 7 of this Decree for foreign organizations to transfer to the labor management authority for formal registration.

Article 19. The Ministry of Foreign Affairs and the People's Committees of provinces and centrally governed cities shall be responsible for establishing or designating labor supply organizations to carry out the tasks stipulated in this Decree.

Article 20. The Ministry of Labor, Invalids and Social Affairs shall be responsible for guiding and inspecting the implementation of this Decree.

Article 21. 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./.