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The Government
Pursuant to the Law on Organization of the
Government dated 25 December 2001;
Pursuant to the Labour Code dated 23 June 1994 and the Law on
Amendment of and Addition to the Labour Code dated 2 April 2002;
Pursuant to the Law on Investment dated 29 November 2005;
On the proposal of the Minister of Labour, War Invalids and Social
Affairs ["Minister of Labour"];
Decrees:
Article 1 Governing scope and applicable entities
This Decree regulates the employment and administration of
foreigners working in Vietnam; the order and procedures for issuance
of work permits and the use of work permits; and the
responsibilities of foreigners, employers and State bodies in the
employment and administration of foreigners working in Vietnam.
This Decree applies to foreigners working in Vietnam and to
enterprises and organizations in Vietnam which employ foreign
employees, specifically as follows:
1. Foreigners working in Vietnam in the following forms:
(a) Pursuant to a labour contract;
(b) Internal transfer within an enterprise which has a commercial
presence in Vietnam;
(c) Performance of any of the following types of contract, namely
economic, commercial, financial, banking, insurance, scientific and
technical, cultural, sporting, educational or medical health
contracts;
(d) Service providers pursuant to a contract;
(dd) People offering services;
(e) Foreigners representing a foreign non-Governmental organization
which is permitted to operate pursuant to the law of Vietnam.
2. Enterprises and organizations employing foreign employees,
comprising:
(a) Enterprises operating pursuant to the Law on Enterprises
[and/or] the Law on Investment;
(b) Foreign contractors (head contractors and sub-contractors)
awarded with a contract in Vietnam;
(c) Representative offices and branches of economic, commercial,
financial, banking, insurance, scientific and technical, cultural,
sporting, educational, and medical health organizations;
(d) Socio-political, social, socio-occupational and
socio-occupational-political organizations; and non-Governmental
organizations;
(dd) State professional units;
(e) Medical health, cultural, educational and sporting
establishments permitted to be established by the competent body;
(g) Offices of foreign or international projects in Vietnam;
(h) Operating offices of foreign partners pursuant to business
co-operation contracts in Vietnam;
(i) Organizations practising law in Vietnam in accordance with the
law of Vietnam;
(k) Co-operatives and co-operative groups established and operating
pursuant to the Law on Cooperatives.
The above enterprises and organizations are all referred to as
employers.
Article 2 Interpretation of terms
In this Decree, the following terms shall be construed as follows:
1. Foreigner means a person without Vietnamese nationality in
accordance with the Law on Vietnamese Nationality.
2. Manager [or] executive director means a foreigner directly
managing a foreign enterprise which has established a commercial
presence in Vietnam, and who is only subject to general supervision
or direction by the board of management or shareholders of the
enterprise or equivalent level.
Management of an enterprise comprises instructing such enterprise or
any office, section or subsidiary unit of the commercial presence;
supervising and controlling the work of specialized staff, managers
or other supervisors; having the right to hire and dismiss or to
recommend the hiring and dismissal of or [managing the] activities
of other staff. Managers [and] executive directors shall not
directly carry out work related to provision of services by the
commercial presence.
3. Expert means a foreigner with specialist and highly technical
qualifications regarding services; and regarding research, technical
knowledge or management of equipment (and includes engineers or
people with qualifications equivalent to the level of engineer or
higher; and includes artisans in traditional occupations and trades)
and [means] people with considerable experience in an occupation or
trade, in operating production and business and in managerial work.
4. Foreigner internally transferring within an enterprise comprises
any of the above-mentioned managers, executive directors and experts
of a foreign enterprise which has already established a commercial
presence within the territory of Vietnam who temporarily transfer
within the enterprise to the commercial presence within the
territory of Vietnam and who have been employed by the foreign
enterprise for at least twelve (12) months prior to such transfer.
5. Foreigner offering services means a person who does not live in
Vietnam and who does not receive remuneration from any source in
Vietnam, and who participates in activities relating to
representation of a service supplier in order to negotiate the sale
[or consumption] of services of such supplier, on condition that he
or she does not directly sell such services to the public and does
not directly participate in the provision of services.
6. Service provider pursuant to a contract means a foreigner working
in a foreign enterprise which does not have a commercial presence in
Vietnam. Such person must have worked for the foreign
enterprise without a commercial presence in Vietnam for at least two
(2) years, and must satisfy the same conditions which apply to
experts as stipulated in clause 3 of this article.
7. Vietnamese party comprises:
(a) The legal representative of an enterprise or organization in
Vietnam which has a contract with a foreign party for the foreign
party to provide services, to offer services and to perform any type
of contract being an economic, commercial, financial, banking,
insurance, scientific and technical, cultural, sporting, educational
or medical health contract.
(b) The representative of a foreign enterprise or organization which
has already established a commercial presence within the territory
of Vietnam in accordance with the law of Vietnam.
8. Commercial presence means a service provider bearing the
nationality of any one country who goes to a second country and
establishes a legal entity within and provides services in such
second country. For example, a commercial bank opens a branch
overseas.
CHAPTER II
Recruitment and Administration of Foreign Employees Working in
Vietnam
Article 3 Foreigners must satisfy all of the following
conditions in order to work in Vietnam:
1. Must be eighteen (18) years of age or older.
2. Must be in good health as necessary to satisfy the job
requirements.
3. Must be a manager, executive director or an expert as stipulated
in clauses 2 and 3 of article 2 of this Decree.
Foreigners applying to work in a private medical or pharmaceutical
practice or to directly carry out medical examination and treatment
in Vietnam, or to work in the educational and occupational training
sectors must satisfy all conditions stipulated by the law of Vietnam
in relation to private medical or pharmaceutical practice, or
education and occupational training.
4. Must not have a criminal record for a national security offence;
and must not currently be subject to criminal prosecution or any
criminal sentence in accordance with the law of Vietnam and foreign
laws.
5. Must have a work permit issued by the authorized State body of
Vietnam, except in the cases stipulated in article 9.1 of this
Decree where a work permit is not required.
Article 4 Recruitment of foreigners to work in Vietnam
pursuant to a labour contract
1. An employer shall be permitted to recruit foreign workers who
fully satisfy the conditions stipulated in article 3 of this Decree
in order to work as managers, executive directors and experts where
Vietnamese workers are not yet able to satisfy such production and
business requirements.
2. An application file to register the proposed recruitment of a
foreigner: the foreigner shall lodge two sets of an application file
with the employer, the employer shall administer one set and the
other set shall be retained by the employer to conduct procedures
for registration for issuance of a work permit. Each set of the
application file shall comprise:
(a) Registration slip regarding the proposed recruitment of the
foreigner on the standard form prescribed by the Ministry of Labour.
(b) Legal record issued by the authorized body of the country where
the foreigner resided prior to coming to Vietnam. If the foreigner
has currently resided in Vietnam for six (6) months or more, then
there need only be a legal record issued by the Vietnamese
Department of Justice of the locality where the foreigner is
residing.
(c) Curriculum vita of the foreigner on the standard form prescribed
by the Ministry of Labour.
(d) Health certificate issued overseas or health certificate issued
in Vietnam in accordance with the regulations of the Ministry of
Health.
(dd) Copies of certificates of specialist [or] highly technical
qualifications of the foreigner. A foreigner who is an artisan in a
traditional occupation or trade or who has experience in an
occupation or trade or in operating production or in managerial work
and who does not possess certificates or diplomas must have a
document from the authorized body of the country of his or her
nationality certifying that he or she has at least five years'
experience in an occupation or trade, in operating production or in
managerial work.
(e) Three colour photos (3cm by 4cm in size, bareheaded, frontal
view, showing the face and ears clearly, without glasses, and on a
white background) taken within the last six (6) months from the date
on which the foreigner lodges the application file.
3. Any documents prescribed for the above file which are issued,
certified or notarized by a foreign body or organization must be
consularized in accordance with the law of Vietnam and translated
into Vietnamese; and the translations and any copy documents must
also be notarized in accordance with the law of Vietnam.
4. Order and procedures for employing foreigners to work in Vietnam:
(a) At least thirty (30) days prior to recruiting employees, the
employer must publish its need to recruit employees in a central or
local newspaper (in written, oral, pictorial or electronic form)
notifying the following matters: the number of employees to be
recruited, the work, the specialist qualifications, the salary
level, the working conditions and other necessary items which the
employer requires.
It shall not be necessary to publish the above-mentioned notice in a
central or local newspaper if the employer recruits employees via a
recruitment agency.
(b) Employers must provide complete information about the provisions
of the law of Vietnam relating to rights and obligations of
foreigners entering Vietnam to work; and foreigners must fully
research such provisions of the law of Vietnam as supplied by the
employer, and at the same time they must prepare the necessary
documents and correctly comply with the provisions of this Decree.
(c) A foreigner wishing to work in Vietnam must submit to the
employer the application file for registration for recruitment
stipulated in clause 2 of this article. An employer shall receive
such file if it contains all the documents required by this Decree,
and the employer shall then conduct procedures in accordance with
this Decree to apply for issuance of a work permit for the foreigner
to work in Vietnam.
(d) After issuance of a work permit, the foreigner and the employer
must sign a written labour contract in accordance with the labour
law of Vietnam, and the employer shall be responsible to forward a
copy of the signed labour contract to the body which issued the work
permit for such employee. The contents of the labour contract must
not be inconsistent with the contents of the issued work permit.
Article 5 Foreigners entering Vietnam to work in the form of
internal transfer within an enterprise
1. Any foreigner working in Vietnam pursuant to article 1.1(b) of
this Decree must have a letter from the foreign enterprise
appointing him or her to come to Vietnam to work at the commercial
presence of such foreign enterprise in the territory of Vietnam, and
must satisfy the conditions stipulated in article 3 of this Decree.
2. In the case of a foreigner internally transferring within an
enterprise, at least twenty (20) per cent of the total number of the
managers, executive directors and experts of each enterprise with a
commercial presence within the territory of Vietnam must be
Vietnamese citizens. However, each foreign enterprise shall be
permitted to have a minimum1 of three managers, executive directors
and experts who are not Vietnamese.
3. The representative of a foreign enterprise which has established
a commercial presence within the territory of Vietnam in accordance
with the law of Vietnam shall be responsible to provide complete
information about the provisions of the law of Vietnam relating to
the rights and obligations of foreigners working within the
territory of Vietnam, and foreigners must research and fully comply
with the provisions of the law of Vietnam as supplied by the
employer.
4. Foreigners must prepare all the documents stipulated in
sub-clauses (b), (c), (d), (dd) and (e) of article 4.2 of this
Decree.
5. The representative of a foreign enterprise which has established
a commercial presence within the territory of Vietnam shall conduct
procedures requesting issuance of a work permit for a foreigner to
work in Vietnam pursuant to this Decree, prior to such foreigner
coming to Vietnam to work.
Article 6 Foreigners entering Vietnam to perform contracts
(other than labour contracts)
1. Any foreigner working in Vietnam pursuant to sub-clauses (c) and
(d) of article 1.1 of this Decree must satisfy all the conditions
stipulated in article 3, and must have a contract signed between the
Vietnamese party and the foreign party agreeing on the foreigner
coming to Vietnam to work.
2. The Vietnamese party must provide complete information about the
provisions of the law of Vietnam relating to rights and obligations
of foreigners entering Vietnam to work; and foreigners must research
and fully comply with the provisions of the law of Vietnam.
3. Foreigners must prepare all the documents stipulated in
sub-clauses (b), (c), (d), (dd) and (e) of article 4.2 of this
Decree.
4. The Vietnamese party shall conduct procedures requesting issuance
of a work permit for a foreigner to work in Vietnam pursuant to this
Decree, prior to such foreigner coming to Vietnam to work.
Article 7 Foreigners entering Vietnam to work in order to
offer services
Any foreigner entering Vietnam to work pursuant to sub-clause (dd)
of article 1.1 of this Decree must provide seven (7) working days
advance notice to the local Department of Labour where the foreigner
proposes to offer services, and the contents of the notice must
comprise the full name, age, nationality and passport number of the
foreigner, the dates of commencing and finishing work, and the
specific work which the foreigner will carry out.
Article 8 Foreigners being representatives of foreign
non-Governmental organizations permitted to operate pursuant to the
law of Vietnam
1. Any foreigner working in Vietnam pursuant to sub-clause (e) of
article 1.1 of this Decree must satisfy all the conditions
stipulated in article 3 of this Decree.
2. Foreigners shall be responsible to research and fully comply with
the provisions of the law of Vietnam on the rights and obligations
of foreigners in Vietnam.
3. Foreigners must prepare all the documents stipulated in
sub-clauses (b), (c), (d), (dd) and (e) of article 4.2 of this
Decree.
4. The representative of the foreign non-Governmental organization
permitted to operate pursuant to the law of Vietnam shall conduct
procedures requesting issuance of a work permit for a foreigner to
work in Vietnam pursuant to this Decree, prior to such foreigner
coming to Vietnam to work.
Article 9 Issuance of work permits
1. Any foreigner working in Vietnam must have a work permit, except
in the following cases:
(a) A foreigner entering Vietnam to work for a period of less than
three (3) months.
(b) A foreigner who is a member of a limited liability company with
two or more members.
(c) A foreigner who is the owner of a one member limited liability
company.
(d) A foreigner who is a member of the board of management of a
shareholding company.
(dd) A foreigner entering Vietnam to offer services.
(e) A foreigner entering Vietnam to work to resolve an emergency
situation such as a breakdown or a technically or technologically
complex situation arising and affecting, or with the risk of
affecting, production [and/or] business and which Vietnamese experts
or foreign experts currently in Vietnam are unable to deal with,
[but] if for above three months then after working for three months
in Vietnam the foreigner must carry out procedures to register for
issuance of a work permit in accordance with this Decree.
(g) A foreign lawyer to whom the Ministry of Justice has issued a
certificate to practise law in Vietnam in accordance with law.
2. Departments of Labour of provinces and cities under central
authority shall issue work permits for foreigners to work in Vietnam
on the standard form prescribed by the Ministry of Labour.
3. An application file for the issuance of a work permit shall
comprise:
(a) Letter from the employer, Vietnamese party or representative of
the foreign non-Governmental
organization requesting issuance of a work permit, on the standard
form prescribed by the Ministry of Labour.
(b) Foreigners recruited pursuant to a labour contract must have all
the documents stipulated in sub-clauses (a), (b), (c), (d), (dd) and
(e) of article 4.2 of this Decree.
(c) Foreigners transferring internally within an enterprise must
have all the documents stipulated in sub-clauses (b), (c), (d), (dd)
and (e) of article 4.2 of this Decree and they must also have a
written letter from the foreign enterprise appointing them to come
to Vietnam to work at the commercial presence of such foreign
enterprise within the territory of Vietnam.
(d) Foreigners prescribed in sub-clauses (c) and (d) of article 1.1
of this Decree must have all the documents stipulated in sub-clauses
(b), (c), (d), (dd) and (e) of article 4.2 and they must also have a
contract signed between the Vietnamese party and the foreign party.
(dd) Foreigners prescribed in sub-clause (e) of article 1.1 of this
Decree must have all the documents stipulated in sub-clauses (b),
(c), (d), (dd) and (e) of article 4.2 and they must have a
certificate proving that the foreign non-Governmental organization
is permitted to operate in accordance with the law of Vietnam.
4. A work permit shall be issued for the same duration as the term
of the proposed labour contract to be signed or as set out in the
decision of the foreign party on appointment to come to work in
Vietnam.
In the case of a foreigner entering Vietnam to work other than
pursuant to a labour contract, then a work permit shall be issued
for the same duration as the term of the contract between the
Vietnamese party and the foreign party. In the case of a foreigner
who will act as representative of a foreign non-Governmental
organization, a work permit shall be issued for the same duration as
the term specified in the certificate proving that the foreign
non-Governmental organization is permitted to operate in accordance
with the law of Vietnam.
The duration of a work permit in any of the above-mentioned cases
shall be a maximum thirty six
(36) months.
5. Order for issuance of work permits:
(a) The employer, the Vietnamese party or the representative of the
foreign non-Governmental organization must lodge the application
file requesting issuance of a work permit with the local Department
of Labour where the foreigner will work on a regular basis, or if
the foreigner will not always work in the same one place then with
the local Department of Labour where the employer has its head
office, at least twenty (20) days prior to the date on which it is
proposed that the foreigner will commence working at the enterprise,
body or organization in Vietnam.
(b) The Department of Labour shall issue the work permit for the
foreigner within a time-limit of fifteen (15) working days from the
date of receipt of a complete and valid application file. In a case
of a refusal, the Department shall provide a written response
specifying its reasons.
(c) In the case of a foreigner who has been issued with a work
permit which is currently valid and who wishes to sign another
labour contract with another employer, then the application file
must contain all the documents stipulated in sub-clauses (a) and (dd)
of article 4.2 and in article 9.3(a), together with a copy of the
currently valid work permit.
6. With respect to foreigners entering Vietnam who do not require a
work permit as prescribed in clause 1 of this article, the employer
or Vietnamese party must provide a report to the local Department of
Labour (where the foreigner will work on a regular basis) seven (7)
days prior to the date on which the foreign employees will commence
work, namely a spreadsheet stating the names, age, nationality and
passport numbers of the foreign employees, their dates of commencing
and finishing work, and the work to be undertaken; and must enclose
the documents of the foreigners prescribed in sub-clauses (b), (c),
(d) and (dd) of article 4.2, and must also ensure satisfaction of
the conditions stipulated in clauses 1 to 4 inclusive of article 3
of this Decree. In the case of foreigners prescribed in sub-clause
(e) of clause 1 of this article, the spreadsheet with the list of
foreign employees must be provided to the Department of Labour
within a time- limit of thirty (30) days after the date on which
such employees commenced working.
Article 10 Extension of work permits
1. It shall be permissible to extend a work permit in the following
cases:
(a) When an employer has a plan and is currently training a
Vietnamese worker(s) to replace the foreign employee in the work the
latter currently does, but a Vietnamese worker is not yet able to be
substituted and the foreigner concerned has not been disciplined
pursuant to the provisions in article 84.1(b) or (c) of the Labour
Code (Amended).
(b) In the case of foreigners entering Vietnam to work as prescribed
in sub-clauses (c) and (d) of article 1.1 of this Decree and the
time required for such work exceeds thirty six (36) months.
2. An application file for extension of a work permit shall
comprise:
(a) In the case of a foreigner working pursuant to a labour
contract:
- Request for extension of the work permit on the standard form
prescribed by the Ministry of Labour, specifying the reason why it
has not been possible to train a Vietnamese worker to replace the
foreign employee, the names of the Vietnamese workers who have been
trained and who are currently being trained, the costs of the
training, the duration of the training, and the location of the
training to replace the foreign employee;
- Copy labour contract (certified by the employer);
- Work permit already issued.
(b) In the case of a foreigner working in a form prescribed in
sub-clauses (c) or (d) of article 1.1 of this Decree:
- Request by the Vietnamese party for extension of the work permit
on the standard form
prescribed by the Ministry of Labour;
- Copy contract signed between the Vietnamese party and the foreign
party;
- Work permit already issued.
3. Duration of an extension of a work permit:
The duration of an extension of a work permit shall depend on the
additional period for which the foreign employee will continue to
work for the employer as stipulated in the labour contract or in the
letter of the foreign party appointing the foreign employee to work
in Vietnam, or [the term of] the contract between the Vietnamese
party and the foreign party.
The maximum duration of each extension shall be thirty six (36)
months.
4. Order for extension of a work permit:
(a) The employer or the Vietnamese party must lodge the application
file for extension of the work permit with the Department of Labour
which issued such work permit, at least thirty (30) days prior to
the date of expiry of the work permit.
(b) The Department of Labour shall extend a work permit for a
foreigner within a time-limit of fifteen (15) working days from the
date of receipt of a complete and valid application file. In a case
of refusal, the Department shall provide a written response
specifying its reasons.
Article 11 Re-issuance of work permits
1. A work permit may be re-issued in the following cases:
(a) The work permit was lost.
(b) The work permit was damaged.
2. The application file for re-issuance of a work permit shall
comprise:
(a) Request for re-issuance of the work permit from the foreigner on
the standard form prescribed by the Ministry of Labour, explaining
how the work permit was lost or damaged.
(b) Request from the employer, the Vietnamese party or the
representative of the foreign non-Governmental organization for
re-issuance of the work permit.
(c) The work permit, in a case where the work permit was damaged.
3. The contents of any re-issued work permit must be correct in
terms of [similar to] the contents in the previously issued work
permit.
4. Order for re-issuance of a work permit:
(a) An employee must notify his or her employer, or the Vietnamese
party, or the representative of the foreign non-Governmental
organization that the work permit was lost or damaged within at
least three (3) days of discovering same, in order for the employer,
Vietnamese party or such representative to in turn notify the
Department of Labour which issued the work permit. The employer,
Vietnamese party or such representative must lodge an application
filed for reissuance of the work permit with the Department of
Labour which issued such work permit, within at least thirty (30)
days after the date the work permit was lost or damaged.
(b) The Department of Labour shall re-issue a work permit within a
time-limit of fifteen (15) working days from the date of receipt of
a complete and valid application file. In a case of refusal, the
Department shall provide a written response specifying its reasons.
Article 12 Circumstances in which a work permit shall be
invalid or no longer valid:
1. The work permit expires.
2. The labour contract is terminated.
3. The contents of the labour contract are inconsistent with the
contents of the issued work permit.
4. The economic, commercial, financial, banking, insurance,
scientific and technical, cultural, sporting, educational or medical
health contract is terminated.
5. There is notice from the foreign party terminating the
appointment of the foreign employee to work in Vietnam.
6. The authorized State body withdraws the work permit for a breach
of the law of Vietnam.
7. The enterprise, organization, Vietnamese party or foreign
non-Governmental organization in Vietnam terminates its operation.
8. The foreigner is sentenced to prison, dies, or is proclaimed
missing by a court.
Article 13 Use of work permits
1. Foreigners shall be responsible to retain their issued work
permits for the term of validity.
2. Foreigners shall present their work permits when conducting
procedures for entry and exit, and on request by a competent State
body.
3. If a foreigner goes to work for a period of ten (10) or more
consecutive days or for a total of thirty (30) accumulated days
within any one year in a province or city under central authority
other than the province or city in which the foreigner works on a
regular basis, then the employer, the Vietnamese party or the
representative of the foreign non-Governmental organization must
provide written notice about the foreigner going to work in such
location, enclosing a copy of the issued work permit, to the
Department of Labour in the place where the foreigner will work, in
accordance with regulations of the Ministry of Labour.
CHAPTER III
Organization of Implementation
Article 14 Inspections and dealing with breaches
1. Ministries, ministerial equivalent bodies, Government bodies and
people's committees at all levels shall be responsible to check and
inspect implementation of the provisions of the Labour Code and of
this Decree.
2. Any employer or individual breaching any provision of the Labour
Code, this Decree or any other relevant law shall, depending on the
nature and seriousness of the breach, be subject to an
administrative penalty or criminal prosecution in accordance with
the law of Vietnam.
3. Foreigners currently working in Vietnam and who have not yet
obtained a work permit must carry out procedures to apply for
issuance of a work permit in accordance with this Decree. If after
six (6) months working in Vietnam a foreign employee still does not
have a work permit, the Department of Labour shall propose that the
Minister of Public Security issue a decision on deportation from
Vietnam in accordance with law.
Article 15 Responsibilities of the Ministry of Labour:
1. To preside over co-ordination with the Ministry of Public
Security, the Ministry of Justice and the Ministry of Foreign
Affairs to guide implementation of this Decree regarding procedures
for consularization of documents, regarding legal records, temporary
residence and permanent residence cards, and regarding issuance,
extension and re-issuance of work permits for foreigners to work in
Vietnam.
2. To provide guidelines on implementation of this Decree.
Article 16 Responsibilities of the Ministry of Health:
To provide guidelines on the prescribed standard form, contents of
and issuing body for health certificates, and on the use duration of
health certificates for foreigners to work in Vietnam.
Article 17 Responsibilities of people's councils of provinces
and cities under central authority:
To issue decisions on collection of fees for issuance of work
permits for foreigners to work in Vietnam in accordance with the law
on fees and charges.
Article 18 Responsibilities of Departments of Labour:
1. To receive and archive application files for the issuance,
extension and re-issuance of work permits.
2. To issue, extend and re-issue work permits in accordance with the
provisions of this Decree.
3. To monitor, collate and provide reports on the status of foreign
employees working in enterprises, bodies and organizations within
their localities.
4. To conduct checks and inspections of compliance with the
provisions of the Labour Code and this Decree.
Article 19 Responsibilities of employers and Vietnamese
parties:
1. To correctly implement the labour law of Vietnam and the
provisions of other relevant laws of Vietnam.
2. To carry out procedures to apply for issuance, extension and
re-issuance of work permits for foreigners to work in Vietnam and to
pay the fees for issuance of work permits in accordance with
law.
3. To fully perform labour contracts signed with foreigners working
in Vietnam.
4. To administer application files for registration to recruit
foreigners to work in Vietnam, and to supplement documentation
relevant to foreigners working in Vietnam.
5. To administer foreigners working in enterprises or organizations.
6. To report on the status of employment of foreigners working in
Vietnam in accordance with regulations of the Ministry of Labour.
CHAPTER IV
Implementing Provisions
Article 20 Effectiveness
1. Foreigners in Vietnam comprising students, spouses, assistants2
and foreigners not within the definition in article 1.1 of this
Decree who wish to work for an enterprise, organization or
individual in Vietnam shall not be required to complete an
application file and conduct procedures for issuance of a work
permit. The enterprise, organization or individual employing such
foreigners must provide a report, in accordance with regulations of
the Ministry of Labour, to the local Department of Labour where the
foreigner will work on a regular basis, seven (7) days prior to the
date on which the foreign employees will commence work, namely a
spreadsheet stating the names, age, nationality and passport numbers
of the foreign employees, their dates of commencing and finishing
work, and the work to be undertaken.
2. This Decree shall be of full force and effect after fifteen (15)
days from the date of its publication in the Official Gazette.
This Decree shall replace Decree 105-2003-ND-CP of the Government
dated 17 September 2003
with regulations on implementation of the Labour Code with respect
to employment and administration of foreign employees working in
Vietnam; and Decree 93-2005-ND-CP of the Government dated 13 July
2005 amending Decree 105-2003-ND-CP. Any provisions contrary to this
Decree are also hereby repealed.
In the case of foreign employees who have been issued with work
permits which are currently valid up until the date on which this
Decree takes effect, such work permits shall remain valid and need
not be exchanged for new work permits.
Article 21 Responsibility for implementation
1. The Ministry of Labour shall provide guidelines for
implementation of this Decree.
2. Ministers, heads of ministerial equivalent bodies, heads of
Government bodies and chairmen of people's committees of provinces
and cities under central authority shall be responsible for
implementation of this Decree.
For the Government
Prime Minister
NGUYEN TAN DUNG
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