Decree 152/2020/ND-CP on foreign workers working in Vietnam

DECREE

REGULATIONS ON FOREIGN EMPLOYERS WORKING IN VIETNAM AND RECRUITMENT AND MANAGEMENT OF VIETNAMESE EMPLOYERS WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUAL IN VIETNAM

Pursuant to the June 19, 6 Law on Government Organization; Law amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Government dated November 2015, 22:

Pursuant to the Labor Code dated 20 of month 11 year 2019;

Pursuant to the November 17, 6 Investment Law;

Pursuant to the Enterprise Law dated November 17, 6;

At the request of the Minister of Labor - Invalids and Social Affairs;

The Government promulgates a Decree regulating foreign workers working in Vietnam and recruiting and managing Vietnamese employees working for foreign organizations and individuals in Vietnam.

Chapter I #

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for foreign workers working in Vietnam and recruiting and managing Vietnamese employees working for foreign organizations and individuals in Vietnam according to the following provisions and clauses of the Code. Labor:

1. Conditions, order and procedures for granting, re-granting, extending and revoking work permits and certificates of non-working permits for foreign workers working in Vietnam according to Article 157 of the Labor Code and foreign workers working in Vietnam are not eligible for work permits under Clauses 1, 2 and 9, Article 154 of the Labor Code.

2. Recruit, introduce and manage Vietnamese employees working for foreign organizations and individuals in Vietnam (hereinafter referred to as foreign organizations and individuals) according to Clause 3, Article 150 of the Code Labor.

Article 2. Subject of application

1. Labor is a foreign citizen working in Vietnam (hereinafter referred to as foreign worker) in the following manners:

a) Performance of labor contracts;

b) Intra-corporate transitions;

c) Performing types of contracts or agreements on economic, commercial, financial, banking, insurance, scientific and technical, culture, sports, education, vocational education and health;

d) Contractual service provider;

e) Offering for sale of services;

e) Working for foreign non-governmental organizations, international organizations in Vietnam licensed to operate in accordance with Vietnamese law;

g) Volunteers;

h) The person responsible for establishing the commercial presence;

i) Managers, executive directors, experts, technical workers;

k) Participate in the execution of bidding packages and projects in Vietnam;

l) Relatives of members of foreign representative missions in Vietnam are permitted to work in Vietnam under international treaties to which the Socialist Republic of Vietnam is a signatory.

2. Employers of foreign workers include:

a) Enterprises operating under the Enterprise Law, the Investment Law or under international treaties to which the Socialist Republic of Vietnam is a signatory;

b) Contractors participating in bidding, performing contract;

c) Representative offices, branches of enterprises, agencies or organizations licensed to be established by competent agencies;

d) State agencies, political organizations, socio-political organizations, socio-political organizations - professional, social organizations, socio-professional organizations;

dd) The foreign non-governmental organization is granted a registration certificate by a competent Vietnamese agency in accordance with Vietnamese law;

e) Non-business organizations and educational institutions established in accordance with the law;

g) International organizations, offices of foreign projects in Vietnam; agencies and organizations allowed to be established and operated by the Government, the Prime Minister, ministries and branches in accordance with law;

h) The foreign investor's executive office in a business cooperation contract or of a foreign contractor is registered to operate in accordance with the law;

i) Law-practicing organizations in Vietnam according to the provisions of law;

k) Cooperatives and cooperative unions established and operating under the Law on Cooperatives;

l) Business households and individuals permitted to do business in accordance with the law.

3. Foreign organizations in Vietnam are foreign agencies or organizations permitted by Vietnamese competent authorities to operate in the Vietnamese territory, including:

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

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

c) International organizations, intergovernmental organizations, foreign governmental organizations;

d) The foreign non-governmental organization is granted a registration certificate by a competent Vietnamese agency in accordance with the law;

dd) Representative offices in Vietnam of foreign organizations operating in the fields of economics, commerce, finance, banking, insurance, science - technology, culture, education, health , foreign law consulting.

4. Foreign individuals in Vietnam are foreigners working at organizations defined in Clause 3 of this Article or persons permitted to reside in Vietnam by competent Vietnamese agencies.

5. Vietnamese employees working for foreign organizations and individuals in Vietnam.

6. Employment service organizations and labor leasing enterprises provide services to foreign organizations and individuals in Vietnam related to recruiting, introducing and managing Vietnamese employees working for foreign organizations and individuals in Vietnam.

Article 3. Explain words

1. Foreign workers moving internally within an enterprise are managers, executive directors, experts and technical workers of a foreign enterprise that has established a commercial presence in the Vietnamese territory. temporarily move within the enterprise to a commercial presence in the territory of Vietnam and have been previously recruited by a foreign enterprise for at least 12 consecutive months.

2. Volunteers are foreign workers working in Vietnam voluntarily and without pay for the implementation of international treaties to which the Socialist Republic of Vietnam is a member and certified by Foreign diplomatic missions or international organizations in Vietnam.

3. Experts are foreign workers in one of the following cases:

a) Have a bachelor's degree or higher or equivalent and have at least 3 years of experience working in a specialized training relevant to the job position the foreign worker is expected to work for in Vietnam;

b) Have at least 5 years of experience and practice certificate relevant to the job the foreign worker is expected to work in Vietnam;

c) Special cases decided by the Prime Minister at the request of the Ministry of Labor, War Invalids and Social Affairs.

4. Manager is a person who manages an enterprise as prescribed in Clause 24, Article 4 of the Law on Enterprises or is the head or deputy head of an agency or organization.

5. Executive Director is the head and directly administers a unit directly under an agency, organization or enterprise.

6. Technical worker means a foreign worker in one of the following cases:

a) Have been trained in a technical discipline or in another discipline for at least 01 year and have worked for at least 03 years in the trained discipline;

b) Have at least 5 years of experience in the job relevant to the job the foreign worker is expected to work for in Vietnam.

7. Commercial presence includes foreign-invested economic organizations; representative offices and branches of foreign traders in Vietnam; Executive office of foreign investor in business cooperation contract.

8. Contractual service provider means a foreign worker who has worked for at least 02 years (24 months) in a foreign enterprise with no commercial presence in Vietnam and must meet regulations applicable to professionals. in Clause 3 of this Article.

9. Foreign workers working by offering services are foreign workers not living in Vietnam and not receiving remuneration from any source in Vietnam, participating in activities related to acting on behalf of a service supplier to negotiate the supplier's consumption of services, provided that the service is not directly sold to the public and is not directly involved in the provision of the service.

Chapter II #

ACCEPTING NEEDS FOR USE OF FOREIGN WORKERS; FOREIGN WORKERS NOT SUBJECT TO THE ISSUANCE OF WORK PERMITS; ISSUANCE, REISSUANCE, RENEWAL, AND WITHDRAWAL WORK PERMITS

Section 1. ACCEPTANCE OF NEEDS FOR USE OF FOREIGN WORKERS

Article 4. Employment of foreign workers

1. Determination of demand for foreign workers

a) At least 30 days before the intended date of employment of the foreign worker, the employer (except contractors) is responsible for determining the need to employ foreign workers for each public position. that Vietnamese workers have not yet met and report to the Ministry of Labor, War Invalids and Social Affairs or the People's Committees of provinces and centrally-run cities (hereinafter referred to as People's Committees for short). province) where the foreign worker is expected to work using Form No. 01 / PLI Appendix I issued with this Decree.

During the implementation process, if there is a change in the demand for foreign workers, the employer must report to the Ministry of Labor, War Invalids and Social Affairs or the provincial People's Committee according to Form No. 02 / PLI of the Appendix. This Decree is issued together with this Decree at least 30 days before the intended date of employment of the foreign worker.

b) In the case of foreign workers specified in Clauses 3, 4 and 5, Article 154 of the Labor Code and Clauses 1, 2, 8, 9, 10, 11, 12 and 13, Article 7 of this Decree, Employers are not required to determine the need for foreign workers.

2. The Ministry of Labor, War Invalids and Social Affairs or the provincial People's Committee shall approve or disapprove in writing the use of foreign workers for each job position according to Form No. 03 / PLI Appendix. Appendix I issued together with this Decree within 10 working days from the date of receipt of the report on explanation or the report on explanation of changes in the need to use foreign workers.

Article 5. Employment of foreign workers by the contractor

1. Before recruiting foreign workers, the contractor has the responsibility to declare the quantity, qualifications, professional qualifications and experience of the foreign worker to be recruited to execute the bidding package in Vietnam and request recruiting Vietnamese workers to the job positions expected to recruit foreign workers with the President of the People's Committee of the province where the contractor executes the package according to Form No. 04 / PLI, Appendix I enclosed herewith this.

In case the contractor wishes to adjust or supplement the declared number of employees, the investor must confirm the contractor's plan of adjusting and supplementing the need to use labor according to Form No. 05 / PLI of Appendix. I issued together with this Decree.

2. Provincial-level People's Committee presidents shall direct local agencies and organizations to introduce and supply Vietnamese workers to contractors or coordinate with other local agencies and organizations to introduce introducing and supplying Vietnamese workers to the contractor. Within 02 months from the date of receipt of the request for recruiting from 500 Vietnamese employees or more and maximum 01 month from the date of receipt of the request to recruit from 100 to less than 500 Vietnamese employees and 15 After receiving the request to recruit less than 100 Vietnamese employees without introducing or supplying Vietnamese workers to the contractor, the President of the People's Committee of the province shall consider and decide whether the contractor is eligible. recruiting foreign workers into positions where Vietnamese workers cannot be recruited according to Form No. 06 / PLI Appendix I issued together with this Decree.

3. The investor shall have to supervise and request the contractor to strictly comply with the declared contents of the employment of Vietnamese and foreign workers; to guide, urge and inspect contractors to comply with the provisions of law on recruiting and employing foreign workers to work for them; monitor and manage the foreign workers' implementation of the provisions of the law; Before July 05 and January 7 of the following year, the investor shall report on the employment of foreign workers in the first 05 months of the year and annually according to Form No. 01 / PLI Appendix I enclosed herewith This Decree.

The closing time of the first 6 months of reporting is from December 15 of the year prior to the reporting period to June 12 of the reporting period, the closing time of annual report data is from December 14 of the previous year. reporting period to December 6 of the reporting period.

4. Annually or irregularly, the Services of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the provincial and municipal police offices; Provincial Border Guard Command or related agencies and units of the Ministry of Defense in border areas, border gates, islands, strategic areas, key areas, critical defense areas and related to the inspection of the implementation of the provisions of law to the foreign worker of the bidding package performed by the successful contractor in the locality, and report on the inspection result to the People's Committee of the province. , Ministry of Labor - Invalids and Social Affairs, Ministry of Public Security and Ministry of Defense.

Article 6. Report on the employment of foreign workers

1. Before July 05 and January 7 of the following year, the foreign employer shall make a report on the first 05 months and annually on the use of foreign workers according to Form No. 01 / PLI of the Appendix. I issued together with this Decree. The closing time of the first 6 months of reporting is from December 07 of the year prior to the reporting period to June 6 of the reporting period, the annual closing time of the annual report is from December 15 of the year preceding the period. reported to December 12 of the reporting period.

2. Before July 15 and January 7 of the following year or unexpectedly at request, the Service of Labor, War Invalids and Social Affairs shall report to the Ministry of Labor, War Invalids and Social Affairs on the employee's situation. foreign employees working in their localities according to Form No. 15 / PLI in Appendix I to this Decree. The time for closing the first 01 months and annual report data shall comply with the Government's regulations on reporting regime of state administrative agencies.

Section 2. FOREIGN WORKERS NOT SUBJECT TO THE ISSUANCE OF WORK PERMITS

Article 7.- The case that the foreign worker is not required to be granted a work permit

Apart from the cases specified in Clauses 3, 4, 5, 6, 7 and 8 Article 154 of the Labor Code, foreign workers are not eligible for work permits:

1. Be the owner or capital contributor of a limited liability company with a capital contribution value of 3 billion VND or more.

2. Be the Chairman of the Board of Directors or a member of the Board of Directors of a joint stock company with a capital contribution value of 3 billion VND or more.

3. Intra-business movement within 11 service sectors in Vietnam's schedule of service commitments to the World Trade Organization, including: business, information, construction, distribution, education. , environment, finance, health, tourism, entertainment and culture.

4. Entering Vietnam to provide professional and technical advisory services or to perform other duties for research, development, evaluation, monitoring, evaluation, management and implementation of the chapter projects using official development assistance (ODA) sources according to regulations or agreements in ODA international treaties signed between Vietnamese and foreign competent agencies.

5. To be licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam according to the provisions of law.

6. To be sent to Vietnam by competent foreign agencies or organizations to teach or study at international schools under the management of foreign diplomatic missions or the United Nations; establishments and organizations established under the agreements that Vietnam has signed and acceded to.

7. Volunteers defined in Clause 2, Article 3 of this Decree.

8. Entering Vietnam to work as a manager, executive director, expert or technical employee for a working time of less than 30 days and not more than 03 times a year.

9. Entering Vietnam to implement international agreements signed by agencies or organizations at the central or provincial level according to the provisions of law.

10. Pupils and students studying at overseas schools and training establishments with internship agreements in agencies, organizations and enterprises in Vietnam; trainees and apprentices on Vietnamese ships.

11. Relatives of members of foreign representative missions in Vietnam specified at Point l, Clause 1, Article 2 of this Decree.

12. Having official passports to work for state agencies, political organizations, socio-political organizations.

13. The person responsible for establishing the commercial presence.

14. Foreign workers are admitted by the Ministry of Education and Training to enter Vietnam for teaching and research.

Article 8. To certify that the foreign worker is not subject to a work permit

1. The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs has the authority to certify that foreign workers are not required to be issued with work permits.

2. The employer requests the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work to certify that the foreign worker is not required to issue a certificate at least 10 days in advance from the date the foreign worker starts working.

In the cases specified in Clauses 4, 6 and 8, Article 154 of the Labor Code and Clauses 1, 2, 8 and 11, Article 7 of this Decree, procedures are not required to confirm that the foreign worker is not required to be issued a certificate. work permit but must report to the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs where the foreign worker is expected to work with information: full name, age, nationality, number the passport, name of the foreign employer, the starting date and the working end date at least 3 days prior to the date the foreign worker is expected to start working in Vietnam.

The time limit for certifying that a foreign worker is not required to be granted a work permit is 02 years at most and according to one of the cases specified in Article 10 of this Decree. In case of re-issuance of certification that the foreign worker is not required to be granted a work permit, the maximum time limit is 02 years.

3. A dossier of application for certification of non-eligibility for a work permit comprises:

a) A written request for certification that the foreign worker is not required to be issued with a work permit using the Form No. 09 / PLI, Appendix I to this Decree;

b) A health certificate or a health certificate as prescribed in Clause 2 Article 9 of this Decree;

c) The written approval of demand for foreign workers, except for cases in which the need to use foreign workers is not determined;

d) A certified copy of the passport which is still valid in accordance with the law;

dd) Documents proving that the foreign worker is not required to be issued a work permit;

e) The papers specified at Points b, c and dd of this Clause are 01 original or certified true copy.If they are foreign, they must be consularly legalized, translated into Vietnamese and authenticated except for exempt from consular legalization under international treaties to which the Socialist Republic of Vietnam and the foreign country concerned are both members or on the principle of reciprocity or according to the provisions of law.

4. Within 05 working days from the date of receipt of a complete application for certification of ineligibility for a work permit, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall have the document certifying that it is not required to be granted a work permit using Form No. 10 / PLI, Appendix I to this Decree. In case of non-confirmation, it will reply in writing, clearly stating the reason.

Section 3. GRANT OF WORK PERMIT

Article 9. Dossier of application for work permit

1. The employer's written request for a work permit made according to Form No. 11 / PLI, Appendix I to this Decree.

2. A health certificate or health certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for 12 months from the date of signing the health conclusion to the date of submit a dossier or certificate of health as prescribed by the Minister of Health.

3. Judicial record card or document certifying that the foreign worker is not currently serving a penalty or has not had his criminal record removed or is being examined for foreign criminal liability or issued by Vietnam.

Judicial record card or document certifying that the foreign worker is not currently serving a penalty or has not had his criminal record removed or is being examined for penal liability shall not exceed 06 month, from the date of issue to the date of filing.

4. Documents and papers proving that the manager, the executive director, the expert, the technical worker and a number of occupations and jobs are defined as follows:

a) Papers proving that he is a manager or executive director as prescribed in Clauses 4 and 5 Article 3 of this Decree;

b) Papers proving that he / she is an expert or technician as prescribed in Clauses 3 and 6 Article 3 of this Decree, including: diplomas, certificates, written certification of agencies, organizations or enterprises at foreign countries in terms of years of experience of experts and technical workers;

c) Document proving experience of foreign soccer player or certificate of international transfer (ITC) issued to foreign soccer player or Vietnamese Football Federation's document confirming temporary registration or officially for a player of a club belonging to the Vietnam Football Federation;

d) Flight license issued by a competent authority of Vietnam or by a competent authority of a foreign country and recognized by a competent Vietnamese authority for foreign pilots or specialized certificates. subjects permitted to work on aircraft issued by the Ministry of Transport to flight attendants;

dd) Certificate of expertise in aircraft maintenance, issued by a competent Vietnamese authority or by a foreign competent authority and recognized by a competent Vietnamese authority. with foreign workers doing aircraft maintenance;

e) A certificate of professional ability or a certificate of qualification issued by a competent Vietnamese agency to a foreign seafarer;

g) Certificate of high achievement in the field of sports and certified by the Ministry of Culture, Sports and Tourism for sports coaches or having at least one of the qualifications such as: B degree ball coach Football from the Asian Football Federation (AFC) either by the AFC level 1 goalkeeping coach or by the AFC level 1 fitness coach or level 1 indoor football coach (Futsal) of the AFC or any equivalent foreign training qualification recognized by the AFC;

h) Diplomas granted by competent agencies satisfy the requirements on qualifications and standards under the Education Law, the Law on Higher Education, the Law on Vocational Education and the Regulation on organization and operation of foreign language centers , informatics issued by the Minister of Education and Training.

5 color photos (02 cm x 4 cm, white background, straight face, bare head, no colored glasses), taken within 6 months of the date of application.

6. The document approving the need to use foreign workers, except for cases where the need to use foreign workers is not required.

7. A certified copy of the passport is valid in accordance with the law.

8. Documents related to the foreign worker:

a) For foreign workers specified at Point b, Clause 1, Article 2 of this Decree, there must be a document sent by the foreign enterprise to work in the commercial presence of that foreign enterprise in the Vietnamese territory. Man and documents proving that the foreign worker has been recruited by that foreign enterprise at least 12 consecutive months before working in Vietnam;

b) For foreign workers specified at Point c, Clause 1, Article 2 of this Decree, there must be a contract or agreement signed between the Vietnamese partner and the foreign party, in which there must be an agreement on the foreign workers working in Vietnam;

c) For foreign workers specified at Point d, Clause 1, Article 2 of this Decree, there must be a service contract signed between the Vietnamese partner and the foreign partner and a document proving the employee. a foreigner who has worked for a foreign enterprise that has no commercial presence in Vietnam for at least 02 years;

d) For foreign workers specified at Point dd, Clause 1, Article 2 of this Decree, there must be a document of the service provider sending the foreign worker to Vietnam to negotiate on service provision;

dd) For the foreign worker specified at Point e, Clause 1, Article 2 of this Decree, there must be a document of the agency or organization sending the foreign worker to work for the foreign non-governmental organization. international organizations in Vietnam, except for the cases specified at Point a, Clause 1, Article 2 of this Decree and operation licenses of foreign non-governmental organizations and international organizations in Vietnam according to the provisions of law;

e) For the foreign worker specified at Point i, Clause 1, Article 2 of this Decree, there must be a document of the foreign enterprise, agency or organization sending the foreign worker to work in Vietnam. and in accordance with the expected work position.

9. Dossier of application for work permit in some special cases:

a) For foreign workers that have been issued a work permit, which is still valid and wish to work for another employer at the same job position and job title as stated in the permit. Dossier to apply for a new work permit includes: confirmation of the previous employer that the employee is currently working, the papers specified in Clauses 1, 5, 6, 7. , 8 This and a certified copy of work permit has been issued;

b) For foreign workers that have been granted a work permit and are in effect but change the job position or job title or the form of work stated in the work permit as prescribed by law. If the employer is not changed, the dossier of application for a new work permit includes the papers specified in Clauses 1, 4, 5, 6, 7 and 8 of this Article and a work permit or a copy. certified work permit has been issued.

10. Consular legalization, authentication documents:

The papers specified in Clauses 2, 3, 4, 6 and 8 of this Article are 01 original or certified true copy, if they are foreign, they must be consularly legalized, except for cases of legal exemption. consularization under an international treaty to which the Socialist Republic of Vietnam and the foreign country concerned are both a member or on the principle of reciprocity or according to the provisions of law; translated into Vietnamese and authenticated in accordance with Vietnamese law.

Article 10. Term of work permit

The term of a work permit is granted in accordance with the term of one of the following cases but not exceeding 02 years:

1. The term of the labor contract is expected to be signed.

2. The term of the foreign party to send the foreign worker to work in Vietnam.

3. Term of contract or agreement signed between Vietnamese and foreign partners.

4. The term of a contract or service provision agreement signed between a Vietnamese and foreign partner.

5. The time limit stated in the service supplier's document appointing the foreign worker to enter Vietnam to negotiate on service provision.

6. The term has been determined in the operation license of the agency, organization or enterprise.

7. The time limit in the service provider's written appointment of sending the foreign worker to Vietnam to establish the commercial presence of the service supplier.

8. The time limit in the document proving that the foreign worker is allowed to participate in the activities of a foreign enterprise has established a commercial presence in Vietnam.

9. The time limit in the written approval of the use of foreign workers, except for the cases in which the report on the need to use foreign workers is not required, as prescribed at Point b, Clause 1, Article 4 of this Decree.

Article 11. Sequence of issuance of work permits

1. At least 15 days before the date the foreign worker is expected to start working in Vietnam, the person who submits the application for a work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor Labor - Invalids and Social Affairs where the foreign worker is expected to work is prescribed as follows:

a) Employers in case the foreign workers work under the forms specified at Points a, b, e, g, i and k, Clause 1, Article 2 of this Decree;

b) Vietnamese agencies, organizations and enterprises or foreign organizations and enterprises operating in Vietnam where the foreign workers come to work in the form specified at Points c and d, Clause 1, Article 2 of the Decree this;

c) The foreign worker enters Vietnam to offer services, the person responsible for establishing a commercial presence in the form specified at Points dd and h, Clause 1, Article 2 of this Decree.

2. Within 05 working days from the date of receipt of the complete application for the work permit, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the employee is expected to work to issue work permits to foreign workers according to Form No. 12 / PLI, Appendix I to this Decree. The work permit form is printed and issued uniformly by the Ministry of Labor, War Invalids and Social Affairs. In case of not issuing work permit, it shall reply in writing and clearly state the reason.

3. For the foreign workers specified at Point a, Clause 1, Article 2 of this Decree, after the foreign worker is granted a work permit, the employer and the foreign worker must sign it. incorporating a written labor contract in accordance with Vietnam's labor law prior to the intended date of employment for the employer.

The employer must send the signed labor contract as required to the competent agency that issued the work permit. Labor contract is an original or an authenticated copy.

Section 4. REQUIREMENTS OF WORK PERMITS

Article 12. Cases of re-issuance of work permits

1. Work permit is still valid.

2. Work permit with valid term is damaged.

3. Change of surname and up, nationality, passport number, workplace indicated in the valid work permit.

Article 13. Dossier for re-issue of work permits

1. The written request for re-issuance of the work permit of the employer according to Form No. 11 / PLI Appendix I issued together with this Decree.

2 color photos (02 cm x 4 cm, white background, straight face, bare head, no colored glasses), taken within 6 months of the date of application.

3. The work permit with a valid term has been issued:

a) In case the work permit is lost under the provisions of Clause 1, Article 12 of this Decree, certification of the commune-level police agency of the place where the foreigner resides or the competent foreign agency is required. legal regulations;

b) In case of changing the contents of the work permit, there must be supporting papers.

4. The document approving the need to use foreign workers, except for cases where the need to use foreign workers is not required.

5. Papers specified in Clauses 3 and 4 of this Article are originals or certified copies, except for the cases specified in Clause 1, Article 12 of this Decree, if they are foreign, they must be consularly legalized and translated. Vietnamese language except for cases of consular legalization exemption under international treaties to which the Socialist Republic of Vietnam and the foreign country concerned are both members or on the principle of reciprocity or as prescribed by law.

Article 14. Sequence of re-issuance of work permits

Within 03 working days from the day on which the application for reissuance of the work permit is received, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall re-issue the work permit. In case of refusal to re-issue a work permit, it shall reply in writing, clearly stating the reason.

Article 15. Term of work permit reissued

The term of a work permit reissued is equal to the period of the issued work permit minus the time the foreign worker has worked up to the time of application for reissuance of a work permit.

Section 5. RENEWAL OF WORK PERMITS

Article 16. Conditions for the extension of work permits

1. The work permit granted is valid for at least 05 days but not exceeding 45 days.

2. To have their demand for foreign workers approved by a competent agency specified in Article 4 or Article 5 of this Decree.

3. Papers proving that the foreign worker continues to work for the employer according to the contents of the work permit issued.

Article 17. Dossier requesting for the extension of work permits

1. The written request for extension of the work permit of the employer, made according to Form No. 11 / PLI, Appendix I to this Decree.

2 color photos (02 cm x 4 cm, white background, straight face, bare head, no colored glasses), taken within 6 months of the date of application.

3. The work permit is still valid.

4. The document approving the need to use foreign workers, except for cases where the need to use foreign workers is not required.

5. A certified copy of the passport is valid in accordance with the law.

6. A health certificate or a health examination certificate specified in Clause 2, Article 9 of this Decree.

7. One of the papers specified in Clause 8, Article 9 of this Decree proves that the foreign worker continues to work for the employer according to the contents of the work permit issued.

8. Papers specified in Clauses 3, 4, 6 and 7 of this Article are 01 original or certified true copy.If they are foreign, they must be consularly legalized and translated into Vietnamese unless otherwise possible. exemption from consular legalization under international treaties to which the Socialist Republic of Vietnam and the foreign country concerned are both members or on the principle of reciprocity or according to the provisions of law.

Article 18. Sequence of renewal of work permits

1. At least 05 days in advance but not later than 45 days before the expiration date of the work permit, the employer must submit a dossier to request the extension of the work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor. Labor - Invalids and Social Affairs issued that work permit.

2. Within 05 working days from the date of receipt of a complete application for the extension of a work permit, the Ministry of Labor, War Invalids and Social Affairs or the Service of Labor, War Invalids and Social Affairs shall extend the work permit. moving. In case of no extension of work permit, a written reply clearly stating the reason.

3. For foreign workers specified at Point a, Clause 1, Article 2 of this Decree, after the foreign worker is granted an extension of his work permit, the employer and the foreign worker must sign a written labor contract in accordance with the Vietnamese labor law before the expected date of continuing to work for the employer.

The employer must send the signed labor contract upon request to the competent authority that has extended that work permit. Labor contract is an original or an authenticated copy.

Article 19. The term of the work permit is extended

The term of the work permit is extended according to the term of one of the cases specified in Article 10 of this Decree but only extended once for a maximum period of 02 years.

Section 6. RECOVERY OF WORK PERMIT

Article 20. Cases of work permit revocation

1. The work permit expires according to the provisions of Clauses 1, 2, 3, 4, 5, 6 and 7, Article 156 of the Labor Code.

2. The employer or the foreign worker fails to strictly comply with the provisions of this Decree.

3. Foreign workers, while working in Vietnam, fail to comply with Vietnamese laws, affecting social security, order and safety.

Article 21. Sequence of revocation of work permits

1. For the cases specified in Clause 1, Article 20 of this Decree, within 15 days after the work permit expires, the employer shall revoke the work permit of the foreign worker for payment. The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs that issued the work permit, together with a document stating the reason for revocation, is subject to revocation but cannot be recovered.

2. For the cases specified in Clauses 2 and 3, Article 20 of this Decree, the Ministry of Labor, War Invalids and Social Affairs or the Service of Labor, War Invalids and Social Affairs that has issued the work permit shall issue a decision to revoke the paper. work permit according to Form No. 13 / PLI Appendix I issued together with this Decree and notify the employer to revoke the work permit of the foreign worker and return it to the Ministry of Labor - Trade. The Department of Labor - Invalids and Social Affairs issued that work permit.

3. Within 05 working days from the day on which the revoked work permit is received, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall issue a written confirmation of the revocation. work permit sent to the employer.

Chapter III #

RECRUITMENT AND MANAGEMENT OF VIETNAMESE WORKERS WORKING FOR FOREIGN ORGANIZATION AND INDIVIDUAL IN VIETNAM

Article 22.- Competence to recruit and manage Vietnamese employees working for foreign organizations and individuals

1. Organizations competent to recruit and manage Vietnamese workers working for foreign organizations and individuals (hereinafter referred to as organizations competent to recruit and manage Vietnamese employees) include: :

a) Organizations delegated, authorized, assigned by the Ministry of Foreign Affairs, assigned tasks, placed orders or bidding;

b) Organizations are delegated, authorized, assigned by the Department of Labor, War Invalids and Social Affairs, assigned tasks, placed orders or bidding.

2. The organizations specified at Point a, Clause 1 of this Article may recruit and manage Vietnamese workers working for the following foreign organizations and individuals:

a) Foreign organizations specified at Points a, b, c and d, Clause 3, Article 2 of this Decree;

b) Foreign individuals working for foreign organizations specified in point a, b, c and d clause 3 Article 2 of this Decree.

3. The organizations specified at Point b, Clause 1 of this Article may recruit and manage Vietnamese workers working for the following foreign organizations and individuals:

a) Foreign organizations specified at Point dd, Clause 3, Article 2 of this Decree;

b) Foreign individuals working for foreign organizations specified at Point dd, Clause 3, Article 2 of this Decree, foreigners permitted by competent Vietnamese agencies to reside in Vietnam.

Article 23. Application file for registration for recruitment of Vietnamese employees

1. The registration form for labor recruitment according to Form No. 01 / PLII, Appendix II to this Decree.

2. A certified copy of one of the following documents: birth certificate or identity card or citizen identification.

3. A health certificate or health certificate issued by a competent medical establishment is valid for 12 months up to the time of submission of the dossier.

4. Authenticated copies of diplomas and certificates of professional, technical, professional and foreign language qualifications related to the job that the employee registered for recruitment. In case of a foreign country, it must be consularly legalized, except for cases exempted from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the foreign concerned are both a member or pursuant to rules of reciprocity or as prescribed by law; translated into Vietnamese and authenticated in accordance with Vietnamese law.

Article 24. Order and procedures for recruiting Vietnamese laborers to work for foreign organizations and individuals

1. When there is a need to employ Vietnamese workers, foreign organizations and individuals directly recruit or through employment service organizations, labor leasing enterprises or organizations with recruitment competence and management of Vietnamese employees.

2. In case of recruitment through an organization competent to recruit and manage Vietnamese employees, the foreign organization or individual must send a written request for the recruitment of Vietnamese workers to the organization competent to recruit Vietnamese workers. employing and managing Vietnamese employees. The document must clearly state the requirements for the job position, quantity, technical and professional qualifications, skills, foreign language, recruitment period, rights and obligations of Vietnamese workers and the organization. and foreign individuals in the working process and when they quit their jobs for each job to be recruited.

Within 15 working days after receiving a written request from a foreign organization or individual, the organization competent to recruit and manage Vietnamese employees shall recruit and manage the employees. Vietnam at the request of foreign organizations and individuals. Upon the expiration of the aforesaid time limit, if the organizations competent to recruit and manage Vietnamese employees fail to recruit or introduce Vietnamese workers at the request of foreign organizations or individuals, they shall reply in writing and state the reason.

3. Within 07 working days from the date on which the labor contract is signed with the Vietnamese employee, the foreign organization or individual must give a written notice enclosed with a certified copy of the labor contract. to sign with Vietnamese employees and the papers specified in Clauses 2 and 4, Article 23 of this Decree for organizations competent to recruit and manage Vietnamese employees. In case the labor contract is signed in a foreign language, the Vietnamese translation is required.

Article 25. Responsibilities of Vietnamese employees working for foreign organizations and individuals

1. Compliance with the labor laws of Vietnam.

2. To strictly comply with the terms of the labor contract signed with the foreign organization or individual.

3. To strictly comply with the regulations of the organizations competent to recruit and manage Vietnamese employees working for foreign organizations and individuals.

Article 26. Responsibilities of foreign organizations and individuals in Vietnam when employing Vietnamese workers

1. To strictly comply with the provisions of the Labor Code and the current regulations.

2. To strictly comply with the labor contracts signed with the Vietnamese employees.

3. Before December 15 every year or on an irregular basis when so requested, foreign organizations and individuals, when employing Vietnamese workers, report annually on the situation of recruitment and employment of Vietnamese employees. for foreign organizations and individuals according to Form No. 12 / PLII Appendix II issued with this Decree. The deadline for closing the annual report data is from December 02 of the year before the reporting period to December 15 of the reporting period and submitting the report as follows:

a) Foreign organizations and individuals specified at Points a, b, c and d, Clause 3, Article 2 of this Decree shall send reports to the organizations competent to recruit and manage Vietnamese employees according to the provisions of this Decree. Point a, Clause 1, Article 22 of this Decree;

b) Foreign organizations and individuals specified at Point e, Clause 3, Article 2 of this Decree shall send reports to organizations competent to recruit and manage Vietnamese employees as prescribed at Point b, Clause 1, Article 22. This Decree.

Article 27. Responsibilities of organizations competent to recruit and manage Vietnamese employees

1. To receive registration dossiers for Vietnamese workers and foreign organizations and individuals to request the recruitment of Vietnamese workers.

2. Organizing the recruitment, recommendation and management of Vietnamese employees working for foreign organizations and individuals.

3. To participate in training and retraining to improve Vietnamese workers' qualifications according to law provisions to meet the requirements of foreign organizations and individuals.

4. Before December 20 every year or on an irregular basis when so requested, the organizations competent to recruit and manage Vietnamese employees shall report on the recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam according to Form No. 12 / PLII in Appendix II to this Decree. The deadline for closing the annual report data is from December 03 of the year before the reporting period to December 15 of the reporting period and submitting the report as follows:

a) Organizations decentralized, authorized, assigned by the Ministry of Foreign Affairs, assigned tasks, placed orders or bidding to recruit and manage Vietnamese employees working for foreign organizations and individuals, report to the Ministry. Diplomatic;

b) Organizations that are decentralized, authorized, assigned by the Department of Labor, War Invalids and Social Affairs, assigned tasks, place orders or bid to recruit and manage Vietnamese employees working for organizations and individuals. report the foreign countries to the Department of Labor, War Invalids and Social Affairs.

5. To propose competent agencies or persons to handle agencies, organizations or individuals that have committed acts of violating the provisions of this Decree.

6. To perform other duties as provided for by law.

Article 28. Responsibilities of employment service organizations and labor leasing enterprises

Before December 15 every year or on an irregular basis upon request, the employment service organization or the labor leasing enterprise shall report on the supply of Vietnamese workers or the outsourcing of Vietnamese employees. for foreign organizations and individuals in Vietnam according to Form No. 12 / PLII Appendix II issued together with this Decree for organizations competent to recruit and manage Vietnamese employees. The time to close the annual report data is from December 04 of the year prior to the reporting period to December 15 of the reporting period.

Chapter IV #

TERMS ENFORCEMENT

Article 29. Enforcement

1. This Decree takes effect on February 15, 02.

2. Decree No. 11/2016/ND-CP dated February 03, 02 of the Government detailing the implementation of a number of articles of the Labor Code regarding foreign workers working in Vietnam (hereinafter referred to as: Decree No. 2016/11/ND-CP) has been amended and supplemented in Decree No. 2016/140/ND-CP dated October 2018, 08 of the Government amending and supplementing Decrees related to Article 10 of this Decree. business investment cases and administrative procedures under the state management of the Ministry of Labor, War Invalids and Social Affairs (hereinafter referred to as Decree No. 2018/140/ND-CP) and Decree No. 2018/75 /ND-CP dated July 2014, 28 of the Government detailing the implementation of a number of articles of the Labor Code on recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam. Nam shall cease to be effective from the effective date of this Decree.

3. Transition terms:

a) For documents such as the written approval of the employment of foreign workers, the written confirmation that the work permit is not eligible, and the work permit has been granted or re-issued under the provisions of this Decree. Decree No. 11/2016/ND-CP, which was amended and supplemented in Decree No. 140/2018/ND-CP, continues to be used until the expiry date;

b) In case a labor contract with a foreign worker working in Vietnam has been signed and is still valid before the effective date of this Decree, it will continue to be performed until the permit is issued. employees have been granted according to the provisions of Decree No. 11/2016/ND-CP as amended and supplemented in Decree No. 140/2018/ND-CP expires.

Article 30. Responsible for implementing

1. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs:

a) Accepting the demand for foreign workers; certifying that it is not subject to a work permit; issue, re-issue, extend and revoke work permits for foreign workers working for employers as prescribed at Point g, Clause 2, Article 2 and agencies and organizations specified at Point d, f, Clause 2, Article 2 of this Decree is permitted for establishment by the Government, the Prime Minister, ministries and branches;

b) The employer defined at Point a, Clause 2, Article 2 has its head office in a province or city but has a representative office or branch in another province or city and the employer specified in Point dd, Clause 2, Article 2 of this Decree may choose to accept the demand for the employment of foreign workers; certifying that it is not subject to a work permit; issue, re-issue, extend and revoke work permits at the Ministry of Labor, War Invalids and Social Affairs;

c) Carry out the state management of recruitment and management of foreign workers in Vietnam and Vietnamese people working for foreign organizations and individuals in Vietnam;

d) To assume the prime responsibility for, and coordinate with ministries and branches in, organizing the annual or irregular monitoring, evaluation, examination and inspection by concerned agencies, organizations and enterprises on the implementation of regulations of law. law on foreign workers in Vietnam and Vietnamese employees working for foreign organizations and individuals in Vietnam;

dd) To assume the prime responsibility for, and coordinate with ministries, branches, central and local agencies in guiding, propagating, collecting information, studying and evaluating the effectiveness of the implementation of this Decree;

e) Summarize and report to the Prime Minister on foreign workers in Vietnam and Vietnamese employees working for foreign organizations and individuals upon request;

g) Proposing and handling violations of agencies, organizations and individuals that violate the provisions of this Decree.

2. Responsibilities of the Ministry of Foreign Affairs:

a) To assume the prime responsibility for, and coordinate with central and local agencies in, guiding and propagating regulations on recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam. manager of the Ministry of Foreign Affairs;

b) Manage organizations decentralized, authorized, assigned by the Ministry of Foreign Affairs, and place orders or bid on recruiting and managing Vietnamese employees working for foreign organizations and individuals in Vietnam;

c) Guide the recruitment and management of Vietnamese employees working for foreign organizations and individuals specified at Points a, b, c and d, Clause 3, Article 2 of this Decree;

d) Before December 30 every year or irregularly upon request, the Ministry of Foreign Affairs shall send the Ministry of Labor, War Invalids and Social Affairs an annual report on the recruitment and management of Vietnamese employees working for the group. Foreign organizations and individuals under their management according to Form No.12 / PLII in Appendix II to this Decree. The time for closing the annual report data shall comply with the Government's regulations on the reporting regime of state administrative agencies.

3. Responsibilities of the Ministry of National Defense:

Coordinate with agencies competent to manage foreign workers, Vietnamese employees working for foreign organizations and individuals and foreign organizations and individuals employing Vietnamese workers in the regulations of law on ensuring social order and security in border areas, border gates, islands, strategic areas, key areas, and critical defense areas.

4. Responsibilities of the Ministry of Public Security:

a) Monthly, provide information about foreign workers who are granted visas with symbols such as: LĐ, LV, DN, DT to work for agencies, organizations and enterprises to the Ministry of Labor - Invalids and Society;

b) Coordinate with the agencies competent to manage Vietnamese employees working for foreign organizations and individuals in Vietnam and foreign organizations and individuals employing Vietnamese workers in regulations of the law on social security, order and safety.

5. Responsibilities of People's Committees of provinces and centrally run cities:

a) Manage and guide local agencies and organizations to comply with the law on foreign workers in Vietnam and Vietnamese employees working for foreign organizations and individuals. in Viet Nam;

b) Direct local authorities to propagate and disseminate laws; to examine, inspect and handle violations in accordance with the law on recruitment and management of foreign workers and Vietnamese employees working for foreign organizations and individuals in Vietnam in their respective localities. ;

c) Direct local agencies and organizations to introduce and supply Vietnamese workers to the contractor;

d) Decide on permitting the contractor to recruit foreign workers in each job position where Vietnamese workers cannot be recruited in the locality;

dd) Accept the job positions that are used by foreign workers in the area or assigned to an authorized agency.

6. Responsibilities of the Department of Labor, War Invalids and Social Affairs:

a) Accepting the demand for foreign workers; certifying that it is not subject to a work permit; Issuance, re-issue, extension and revocation of work permits for foreign workers working for employers, as specified in points a, b, c, h, i, k, l, clause 2 of Article 2 and agencies and organizations specified at Points d and e, Clause 2, Article 2 of this Decree, established by the provincial-level People's Committees, specialized agencies affiliated to the provincial-level People's Committees or district-level People's Committees;

b) The employer defined at Point a, Clause 2, Article 2 has its head office in a province or city but has a representative office or branch in another province or city and the employer specified in Point dd, Clause 2, Article 2 of this Decree may choose to accept the demand for the employment of foreign workers; certifying that it is not subject to a work permit; issue, re-issue, extend and revoke work permits at the Department of Labor - Invalids and Social Affairs;

c) Upon receipt of the application for the issuance, reissuance or extension of work permits; certifying that the foreign worker is not required to be granted a work permit must enter the monitoring book according to Form No. 14 / PLI Appendix I issued together with this Decree and have a receipt given to the employer. The receipt must clearly state the date of receipt of the dossier; papers in file and deadline for reply;

d) In case of failure to certify that the work is not in the category of work permit, not to issue, reissue or renew a work permit, a written reply shall be made according to Form No. 15 / PLI, Appendix I to this Decree. ;

dd) To assume the prime responsibility for, and coordinate with local agencies in, guiding and propagating this Decree;

e) To perform the state management and foreign employees working in Vietnam and to recruit and manage Vietnamese employees working for foreign organizations and individuals under local management;

g) Manage organizations decentralized, authorized by the Department of Labor - Invalids and Social Affairs, assign tasks, place orders or bid on recruiting and managing Vietnamese employees working for organizations and individuals. foreign;

h) Inspecting, examining and supervising the implementation of the law on foreign workers in Vietnam and recruiting and managing Vietnamese employees working for foreign organizations and individuals. local management scope;

i) Before December 30 every year or irregularly upon request, the Department of Labor, War Invalids and Social Affairs shall report to the Ministry of Labor, War Invalids and Social Affairs on the recruitment and management of Vietnamese employees. work for foreign organizations and individuals under their management according to Form No.12 / PLII, Appendix II to this Decree. The time for closing the annual report data shall comply with the Government's regulations on the reporting regime of state administrative agencies.

7. Ministers, Heads of Ministerial-level agencies, Heads of Governmental agencies, Presidents of People's Committees of provinces and centrally-run cities and relevant agencies, organizations and individuals are responsible for implementation of this Decree./.