DECREE
11/2016/ND-CP
February
03rd, 2016
On detailing the Regulations on the implementation of
a number of Articles of the Labour Code regarding foreign workers in Vietnam
Pursuant to the Law on organization of
the Government dated June 19, 2015;
Pursuant to the Labour Code dated June
18, 2012;
At the request of the Minister of Labour
- Invalids and Social Affairs;
The Government promulgates this Decree
on detailed regulations on a number of Articles of the Labour Code regarding
foreign workers in Vietnam.
Chapter
I. GENERAL PROVISIONS
Article 1. Scope of adjustment
This Decree provides detailed
regulations for implementation of the Labour Code regarding the issuance of
work permits to foreign citizens to work in Vietnam and the expulsion of
foreign citizens who are working in Vietnam without the work permits.
Article 2. Subject of application
1. Workers who are foreign citizens moving
to Vietnam for employment (hereinafter referred to as the foreign workers) for
the purpose of:
a) Executing the labour contracts; or
b) Complying with the company’s
internal reassignments; or
c) Enforcing contracts or agreements on
business, commerce, finance, banking, insurance, science and technology,
culture, sports, education, vocational training and health; or
d) Providing services under contracts;
or
dd) Offering services; or
e) Working for foreign non-governmental
organizations or international organizations in Vietnam that have been granted
with operating licenses in accordance with the Vietnam law; or
g) Working as volunteers; or
h) Taking charge of establishing the
commercial presence; or
i) Working as managers, chief executive
officers, experts, technicians; or
k) Participating in the execution of
bid contracts and projects in Vietnam.
2. Employers of foreign workers include:
a) Enterprises operating in accordance
with the Enterprise Law, the Investment Law or the International Treaties to
which the Socialist Republic of Vietnam is a signatory;
b) Foreign or Vietnamese contractors
participating in the bidding or executing contracts;
c) Representative offices, branches of
enterprises, agencies or organizations licensed by the competent authorities;
d) State agencies, political
organizations, sociopolitical organizations, sociopolitical professional
organizations, social organizations or socio-professional organizations;
dd) Foreign non-governmental
organizations or international organizations in Vietnam;
e) Public services organizations
established in accordance with the law;
g) Offices of foreign projects or
international organizations in Vietnam;
h) Executive offices of foreign
investors in business cooperation contracts or those of foreign contractors
awarded operating licenses by the law;
i) Law-practicing organizations in
Vietnam in accordance with the law;
k) Cooperatives and cooperative unions
established and operated in accordance with the Law on cooperatives;
l) Business associations or business
unions established in accordance with the law;
m) Business households or individuals
licensed to do business in accordance with the law.
Article 3. Foreign workers being
reassigned in the company, volunteers, experts, managers, chief executive officers
and technicians
1. Foreign workers internally reassigned
in the company are the managers, chief executive officers, experts and
technicians of a foreign enterprise which has established a commercial presence
in Vietnam, are temporarily reassigned within the same enterprise to its
commercial presence in Vietnam and have been employed by the foreign enterprise
for at least 12 months.
2. Volunteers are unpaid foreign workers
who voluntarily work in Vietnam to implement the International Treaties to
which the Socialist Republic of Vietnam is a signatory.
3. An expert means a foreign worker who:
a) Has a document certifying that
he/she is an expert of an overseas agency, organization or enterprise; or
b) Has a bachelor’s degree or
equivalent or higher qualifications provided that he/she has worked at least 03
years in his/her training field in corresponding with the job position that
he/she shall be appointed in Vietnam and other special cases upon the
consideration and decision of the Prime Minister.
4. Managers and chief executive officers
are considered as foreign workers, including:
a) Managers are persons in charge of
managing the companies as regulated in Clause 18 Article 4 of the Enterprise
Law or heads or vice-heads of agencies or organizations;
b) Chief executive officers are the
heads who directly manage subordinate units of agencies, organizations or
enterprises.
5. Technicians are workers who had
undergone training in technique or other majors for at least 01 year and have
worked for at least 03 years in their training fields.
Chapter
II. ISSUANCE AND REISSUANCE OF WORK PERMITS AND EXPULSION OF FOREIGN WORKERS
WITHOUT WORK PERMITS
Section
1. DETERMINATION OF JOB POSITIONS AVAILABLE FOR FOREIGN WORKERS
Article 4. Employment of foreign
workers
1. Determination of demand for foreign
workers
a) The employer (except for
contractors) shall determine the demand for foreign workers for every job
position in which Vietnamese workers are incompetent and send reports to the
Chairperson of the People’s Committee of the province or city directly under
the Central Government (hereinafter referred to as the Provincial People’s
Committee) where the planned working place of foreign workers is located. The
employer shall send a report to the Chairperson of the Provincial People’s
Committee if the demand for foreign workers is changed in the course of
execution.
b) In the cases specified in Clause 4,
5 and 8 Article 172 of the Labour Code and point e, point h Clause 2 Article 7
herein, employers are not required to determine the demand for foreign workers
if such foreign workers belong to.
2. The Chairperson of the Provincial
People’s Committee shall issue a written approval to the employer for the
employment of foreign workers in each job position.
Article 5. Employment of foreign
workers by contractors
1. Before recruiting foreign workers, the
contractor shall specify the quantity, qualifications, professional capacity
and experience of foreign workers that are needed for executing the contract in
Vietnam and send written request for the recruitment of Vietnamese workers to
the job positions available for foreign workers (enclosed with the investor’s
certification) to the Chairperson of the Provincial People’s Committee where
the contract is executed.
If the contractor wishes to change or
increase the declared number of workers, the plan for changing or increasing
demand for workers of such foreign contractor must be certified by the
investor.
2. The Chairperson of the Provincial
People’s Committee shall direct local agencies and organizations to introduce
and supply Vietnamese workers to the contractor. If Vietnamese workers are not
introduced or supplied to the contractor within 02 months from the day on which
the written request for 500 Vietnamese workers or more is received, or within
01 month from the day on which the request for fewer than 500 Vietnamese
workers is received, the Chairperson of the Provincial People’s Committee shall
consider allowing the contractor to recruit foreign workers to hold the job positions
in which Vietnamese recruit are incompetent.
3. The investor shall supervise and
request the contractor to conform with the declaration of the employment of
Vietnamese workers and foreign workers; provide guidance, urge and inspect the
contractor’s compliance of the regulations on recruitment and employment of
foreign workers in accordance with the Vietnam law; monitor and manage foreign
workers to comply with the Vietnam law; send quarterly reports to Services of Labour
- Invalids and Social Affairs on the contractor’s recruitment, employment and
management of foreign workers as regulated by the Ministry of Labour - Invalids
and Social Affairs.
4. Quarterly, Services of Labour -
Invalids and Social Affairs shall cooperate with the police services and
relevant agencies in inspecting the compliance with the Vietnam law of the
foreign workers working at local contracts.
Article 6. Report on employment of
foreign workers
1. The Provincial People’s Committee shall
submit annual reports or unscheduled reports to the Ministry of Labour -
Invalids and Social Affairs on demand for foreign workers, approval for demand
for foreign workers and management of foreign workers working in the
province.
2. Every 06 months and every year, the
Service of Labour - Invalids and Social Affairs shall submit reports on foreign
workers working in the province as regulated by the Ministry of Labour -
Invalids and Social Affairs.
Section
2. FOREIGN WORKERS EXEMPT FROM WORK PERMITS
Article 7. The cases in which the
foreign workers are exempt from applying for the work permits
1. The foreign workers regulated in Clause
1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7 and Clause 8
Article 172 of the labour Code.
2. Other cases in which the foreign
workers are exempt from work permits, including:
a) The workers are internally
reassigned in the companies which engage in 11 service industries in the
Vietnam’s WTO commitments on services, including: business, communication,
construction, distribution, education, environment, finance, health, tourism,
culture, entertainment and transportation;
b) The workers enter Vietnam to provide
professional and technical advisory services or perform other tasks serving the
research, construction, appraisal, assessment, management and execution of
programs and projects funded by ODA according to the International Treaties on
ODA between the competent authorities of Vietnam and other countries;
c) The workers are issued with the
licenses for the practice of communications or journalism in Vietnam by the
Ministry of Foreign Affairs;
d) The workers are appointed by foreign
agencies or organizations to teach or do research in international schools
under the management of foreign diplomatic missions or international
organizations in Vietnam or the workers are permitted to teach or do research
in educational and training institutions in Vietnam by the Ministry of
Education and Training;
dd) The workers are volunteers who have
obtained the certification of the foreign diplomatic missions or international
organizations in Vietnam;
e) The workers enter Vietnam to hold
the positions of experts, managers, chief executive officers or technicians for
a period of under 30 days and an accumulated working period of under 90 days
per year;
g) The workers enter Vietnam to
implement international agreements to which central or provincial agencies and
organizations are signatories in accordance with the law;
h) Students who are studying in schools
or training institutions in foreign countries execute their practicum at
agencies, organizations or companies in Vietnam upon agreements;
i) Relatives of members who are
executing their functions in foreign missions in Vietnam upon the approval of
the Ministry of Foreign Affairs, unless otherwise stated in the International
Treaties to which the Socialist Republic of Vietnam is a signatory;
k) Workers are holders of Official
Passports for working in state agencies, political organizations or
sociopolitical organizations;
l) Other cases decided by the Prime
Minister at the request of the Ministry of Labour - Invalids and Social Affairs.
Article 8. Certification of foreign
workers eligible for exemption from work permits
1. Services of Labour - Invalids and
Social Affairs are authorized to grant certification to foreign workers
eligible for exemption from work permits.
2. The employer shall request the Service
of Labour - Invalids and Social Affairs of the province where the planned
working place of foreign workers is located to certify that such foreign
workers are eligible for exemption from work permits at least 07 working days
before the day on which they start to work, except for the cases stated in
Clause 4 and Clause 5 Article 172 of the Labour Code and Point e Clause 2
Article 7 herein.
The duration of a certification of
foreign worker’s eligibility for exemption from work permits is specified in
Article 11 herein and shall not exceed 02 years.
3. The application for the certification
of exemption from work permit consists of:
a) The written request for the certification
that the foreign workers are exempt from work permits;
b) The list of foreign workers which
specifies their full names, ages, genders, nationalities, passport numbers,
staring and ending dates of employment and their job positions;
c) Documents proving that the foreign
workers are eligible for exemption from the work permit;
d) Documents proving that the foreign
workers are eligible for exemption from the work permits include 01 photocopy
of each kind enclosed with its original for comparison or 01 certified copy of
each kind; the documents of foreigners are exempt from consular legalization
but they must be translated into Vietnamese and authenticated in accordance
with the Vietnam law.
4. Within 03 working days from the day on
which the sufficient application is received, the Service of Labour - Invalids
and Social Affairs shall send a written certification to the employer. A
written response and explanation shall be provided if the certification is
rejected.
Section
3. ISSUANCE OF WORK PERMITS
Article 9. Conditions for issuing the
work permit
1. The worker is capable of civil acts as
prescribed by law.
2. The worker’s health is fit for working.
3. The worker is a manager, chief
executive officer, expert or technician.
4. The worker is not a criminal or liable
to criminal prosecution in accordance with the Vietnam law and the foreign
country’s law.
5. The employment of the foreign worker is
approved in writing by a state competent authority.
Article 10. Application for the work
permit
An application for the work permit
consists of:
1. The written request for the work permit
made by the employer in accordance with regulations of the Ministry of Labour -
Invalids and Social Affairs.
The health certificate or report on
medical examination which is issued by the foreign or Vietnamese authorized
health organizations or agencies and takes effect within 12 months from the
signing date of conclusion of heath status to the date of application.
3. The criminal record or written
certification that the foreign worker is not a criminal or liable to criminal
prosecution issued by the foreign competent authority. If the foreign worker is
a lawful resident in Vietnam, only the criminal record issued by the Vietnamese
competent authority is required.
The criminal record or written
certification that the foreign worker is not a criminal or liable to criminal
prosecution must be issued within 06 months prior to the submission of the
application.
4. The written certification that the
worker is a manager, chief executive officer, expert or technician.
For some jobs and works, the written
certification of the qualification of the foreign worker can be replaced with
one of the following papers:
a) Certificate of recognition which is
issued by the competent authority of the foreign country if the worker is an
artist in the traditional professions;
b) The documents proving experience of
foreign soccer players;
c) The pilot license issued by a
Vietnam’s competent authority to the foreign pilot;
d) The license for airplane maintenance
issued by a Vietnam’s competent authority to the foreign worker who works in
airplane maintenance industry.
5. 02 color pictures (4cm x 6cm, white
background, frontal face, bareheaded and no colorful glasses) that are taken
within 06 months ahead of the date of application.
6. Certified copy of passport or a
substitute for passport or other license for international travel which is
unexpired in accordance with the law.
7. Documents related to the foreign
workers include:
a) The foreign workers regulated in
Point b Clause 1 Article 2 herein must have papers of the foreign enterprise
showing that they are appoint to work at the commercial presence of such
foreign enterprise in Vietnam and the papers proving that they have been
employed by such foreign enterprise for at least 12 months before they are
appointed to work in Vietnam;
b) The foreign workers regulated in
Point c Clause 1 Article 2 herein must have contracts or agreements sign by the
Vietnamese partner and the foreign partner, including the agreements on sending
foreign workers to work in Vietnam;
c) The foreign workers regulated in
Point d Clause 1 Article 2 herein must have service contracts signed by the
Vietnamese partner and the foreign partner and the papers proving that the
foreign workers have worked for the foreign enterprise without commercial
presence in Vietnam for at least 02 years;
d) The foreign workers regulated in
Point D Clause 1 Article 2 herein must have the papers made by the service
provider proving that the foreign workers are appointed to Vietnam to negotiate
the service supply;
dd) The foreign workers regulated in
Point e Clause 1 Article 2 herein must have certificates issued by the foreign
non-governmental organization or international organization that has been
granted with operating license in accordance with the Vietnam law;
e) The foreign workers regulated in
Point h Clause 1 Article 2 herein must have the paper made by the service
provider who appoints such foreign workers to Vietnam to establish its
commercial presence;
g) The foreign workers regulated in
Point i Clause 1 Article 2 herein, who participate in the operation of the
foreign enterprise that has established its commercial presence in Vietnam,
must have papers proving the foreign workers’ eligibility to participate in
operation of such foreign enterprise.
8. The application for the work permit in
a certain special cases includes:
a) If the foreign worker who is the
holder of an unexpired work permit wants to enter into the employment contract
with another employer at the job position which is the same with that defined
in his work permit in accordance with the law, the application for the work
permit includes documents regulated in Clause 1, 5, 6 and 7 herein and the work
permit or certified copy of the issued work permit;
b) If the foreign worker who is the
holder of an unexpired work permit wants to hold another job position which is
different from that defined in his work permit in accordance with the law but
the employer is unchanged, the application for the work permit includes
documents regulated in Clause 1, 4, 5, 6 and 7 herein and the work permit or
certified copy of the issued work permit;
c) If the foreign worker whose work
permit expires as regulated in Article 174 of the Labour Code wants to continue
his employment at the job position which is the same with that defined in his
work permit in accordance with the law, the application for the work permit
includes documents regulated in Clause 1, 2, 3, 5, 6 and 7 herein and
certificate of revocation of his work permit;
d) If the foreign workers regulated at
Point a, b and c of this Clause have been issued with the work permits as
regulated in the Government's Decree No. 102/2013/ND-CP dated September 05,
2013 on detailed regulations on implementing a number of articles of the Labour
Code regarding foreign workers working in Vietnam, they must submit documents
proving their eligibility as regulated in Clause 3 or Clause 4 or Clause 5
Article 3 herein.
9. Consular legalization and certification
of documents
a) Documents regulated in Clause 2, 3
and 4 of this Article include 01 photocopy of each kind enclosed with its
original for comparison or 01 certified copy of each kind.
If the above-mentioned documents are
issued by foreign authorities, they must be applied for the consular
legalization, except for cases of exemption from the consular legalization as
regulated in the international treaties to which the Socialist Republic of
Vietnam and relevant foreign country are signatories or in the principle of reciprocity
or as regulated by the law; must be translated into Vietnamese and
authenticated in accordance with the Vietnam law.
b) Documents regulated in Clause 7 of
this Article include 01 photocopy of each kind enclosed with its original for
comparison or 01 certified copy of each kind. If such documents are issued by
foreign authorities, they are exempt from the consular legalization provided
that they must be translated into Vietnamese and authenticated in accordance
with the Vietnam law.
Article 11. Duration of the work permit
The duration of a work permit shall not
exceed 02 years and is equal to one of the following durations:
1. The duration of the labour contract to
be signed;
2. The duration of assignment in Vietnam
decided by the foreign partner;
3. The duration of the contract or
agreement signed by and between the Vietnamese partner and the foreign partner;
4. The duration of the service contract or
agreement signed by and between the Vietnam partner and the foreign partner;
5. The duration stated in the paper made
by the service provider who sends the foreign worker to Vietnam to negotiate
the service supply;
6. The duration stated in the certificate
of the foreign non-governmental organization or international organization that
has been granted with operating license in accordance with the Vietnam law;
7. The duration stated in the paper made
by the service provider who appoints the foreign workers to Vietnam to
establish its commercial presence;
8. The duration stated in the paper
proving the foreign worker’s eligibility to participate in the operation of a
foreign enterprise that has established its commercial presence in Vietnam.
Article 12. Order for issuing the work
permit
1. At least 15 working days before the day
on which the foreign worker intends to start his employment, the employer shall
submit the application for the work permit to the Service of Labour - Invalids
and Social Affairs of the province where the planned working place of the such
foreign worker is located.
2. Within 07 working days from the day on
which the sufficient application is received, the Service of Labour - Invalids
and Social Affairs shall issue the work permit to the foreign worker using the
form provided by the Ministry of Labour - Invalids and Social Affairs. A written
response and explanation shall be provided if the work permit is not issued.
3. After the foreign worker mentioned in
Point a Clause 1 Article 2 of this Decree is issued with the work permit, the
employer and the foreign worker shall sign a written labour contract in
accordance with the Vietnam law before the intended working day of such foreign
worker.
Within 05 working days from the day on
which the labour contract is signed, the employer shall send a copy of the
signed labour contract to the Service of Labour - Invalids and Social Affairs
that issued such work permit.
Section
4. REISSUANCE OF WORK PERMIT
Article 13. The cases in which the work
permit is reissued
1. The unexpired work permit is lost,
damaged or the contents stated in the issued work permit are changed, unless
otherwise stated in Clause 8 Article 10 of this Decree.
2. The work permit is still valid from 05
to 45 days.
Article 14. Application for reissuance
of the work permit
1. The written request for the reissuance
of the work permit made by the employer in accordance with regulations of the
Ministry of Labour - Invalids and Social Affairs.
2. 02 color pictures (4cm x 6cm, white
background, frontal face, bareheaded and no colorful glasses) that are taken
within 06 months ahead of the date of application.
3. The issued work permit
a) If the work permit is lost as
regulated in Clause 1 Article 13 of this Decree, certification which is issued
by the communal police agency of Vietnam or the competent authority of foreign
country in accordance with the law is required;
b) If the contents stated in the issued
work permit are changed as regulated in Clause 1 Article 13 of this Decree,
documents providing such change are required;
c) If the work permit is still valid
from 05 to 45 days as regulated in Clause 2 Article 13 of this Decree, the
health certificate or report on medical examination regulated in Clause 2
Article 10 of this Decree and one of documents regulated in Clause 7 Article 10
of this Decree are required;
d) If the foreign worker has been
issued with the work permit as regulated in the Government's Decree No.
102/2013/ND-CP dated September 05, 2013 on detailed regulations on implementing
a number of articles of the Labour Code regarding foreign workers working in
Vietnam, documents proving his eligibility as regulated in Clause 3 or Clause 4
or Clause 5 Article 3 of this Decree are required.
4. Documents regulated in Clause 3 of this
Article include 01 photocopy of each kind enclosed with its original for
comparison or 01 certified copy of each kind; the documents issued by foreign
authorities are exempt from consular legalization but they must be translated
into Vietnamese and authenticated in accordance with the Vietnam law.
Article 15. Order for reissuing the
work permit
1. If the work permit is re-issued upon
the cases prescribed in Clause 2 Article 13 of this Decree, from 05 to 45 days
before the work permit expires, the employer must submit the application for
reissuance of the work permit to the Service of Labour - Invalids and Social
Affairs where the former work permit has been issued.
2. Within 03 working days from the day on
which the sufficient application for reissuance of the work permit is received,
the work permit shall be re-issued by the Service of Labour - Invalids and
Social Affairs. A written response and explanation shall be provided if the
work permit is not re-issued.
3. After the foreign worker mentioned in
Point a Clause 1 Article 2 of this Decree is re-issued with the work permit,
the employer and such foreign worker shall sign a written labour contract in
accordance with the labour law of Vietnam before the day on which the foreign
worker intends to continue the employment with the employer.
Within 05 working days from the day on
which the labour contract is signed, the employer shall send a copy of the
signed labour contract to the Service of Labour - Invalids and Social Affairs
that re-issued such work permit.
Article 16. Duration of the reissued
work permit
1. The duration of the work permit
reissued in the cases prescribed in Clause 1 Article 13 of this Decree is equal
to the duration of the issued work permit minus the period that the foreign
worker has worked up to the day the application for the reissuance of the work
permit is submitted.
2. The duration of the work permit
reissued in the cases prescribed in Clause 2 Article 13 of this Decree shall
follow the duration of one of the cases regulated in Article 11 of this Decree
but not exceed 02 years.
Section
5. REVOCATION OF THE WORK PERMIT AND EXPULSION OF FOREIGN WORKER
Article 17. Revocation of the work
permit
1. The work permit expires as regulated in
Clause 1, 2, 3, 4, 5, 7 and 8 Article 174 of the labour Code.
2. The work permit is revoked because the
employer or the foreign worker fails in the compliance with regulations of this
Decree.
3. Order for revoking the work permit
a) As for the cases prescribed in
Clause 1 of this Article, the employee shall revoke the work permit of the
foreign worker and submit to the Service of Labour - Invalids and Social
Affairs where such work permit is issued;
b) As for the cases prescribed in
Clause 2 of this Article, the Director of the Service of Labour - Invalids and
Social Affairs where such work permit is issued shall make decision on
revocation and send notice to the employer who shall revoke the work permit of
the foreign worker and submit to the Service of Labour - Invalids and Social
Affairs;
c) The Service of Labour - Invalids and
Social Affairs shall send a certificate of having the work permit revoked to
the employer.
4. The Ministry of Labour - Invalids and
Social Affairs provides in detailed for procedures for revoking the work
permit.
Article 18. Expelling the foreign
worker
1. The foreigner who works in Vietnam
without the work permit or certificate of eligibility for exemption from the
work permit as regulated in this Decree (hereinafter referred to as the foreign
worker working in Vietnam without the work permit) shall be expelled in
accordance with the Vietnam law.
2. The Service of Labour - Invalids and
Social Affairs shall request the police agency to expel the foreign worker
working in Vietnam without the work permit.
If the organizations and individuals
discover any foreign worker working in Vietnam without the work permit, it
should be reported to the Service of Labour - Invalids and Social Affairs where
the working place of such worker is located.
3. Within 15 working days from the day on
which the foreign worker is pronounced working in Vietnam without the work
permit, the Service of Labour - Invalids and Social Affairs shall request the
police agency to expel such foreign worker.
Chapter
III. IMPLEMENTATION PROVISIONS
Article 19. Effect
1. This Decree takes effect on April 01,
2016.
2. The Government's Decree No. No.
102/2013/ND-CP dated September 05, 2013 on detailed regulations on implementing
a number of articles of the Labour Code regarding foreign workers working in
Vietnam; Point a Section 4 of the Government’s Resolution No. 47/NQ-CP dated
July 08, 2014 shall be annulled from the effective date of this Decree.
3. Transitional provision
a) The following documents: written
approvals on the employment of the foreign workers, certificates of eligibility
for exemption from the work permit and the work permits issued in accordance
with the Government's Decree No. 102/2013/ND-CP dated September 05, 2013 on
detailed regulations on implementing a number of articles of the Labour Code regarding
foreign workers working in Vietnam shall apply until they expire.
b) If the employer has submitted the reports
on explanation of demand for the foreign workers; the application for issuance
or reissuance of the work permit or the foreign workers’ certificates of
eligibility of exemption from the work permit before the effective date of this
Decree, the Government's Decree No. 102/2013/ND-CP dated September 05, 2013 on
detailed regulations on implementing a number of articles of the Labour Code regarding
foreign workers working in Vietnam shall apply.
Article 20. Implementation responsibilities
1. The Ministry of Labour - Invalids and
Social Affairs shall assume the following responsibilities:
a) Providing guidelines for
implementing this Decree;
b) Giving approval on demand for
foreign workers; granting certificates of eligibility of exemption from the
work permit; issuing and reissuing the work permit; revoking the work permit;
granting certificates of having the work permit revoked and requesting the
police agencies to expel the foreign workers working in Vietnam without the
work permit, applicable to the foreign workers working for the employers
regulated at Point d, D, e, g and l Clause 2 Article 2 of this Decree;
c) Directing, speeding up, inspecting
and supervising the compliance with the law on the foreign workers working in
Vietnam.
2. Ministry of Public Security shall
assume the following responsibilities:
a) Providing guidelines on authority
and procedures for expelling the foreign workers working in Vietnam without the
work permit;
b) Providing guidelines on granting
visas to the foreign workers in connection with the issuance or reissuance of
the work permit; granting certificates of eligibility of exemption from the
work permit;
c) Quarterly, providing the Ministry of
Labour - Invalids and Social Affairs with the information of the foreign workers
who are eligible for issuance of visas for working in organizations, agencies
or enterprise.
3. The Ministry of Finance shall provide
guidelines on the fees for issuance or reissuance of the work permit, issuance
of certificates of eligibility of exemption from the work permit upon the cases
regulated at Point b Clause 1 of this Article.
4. The Ministry of Industry and Trade
shall provide guidelines on foundations and procedures for determining the
cases in which the foreign workers are internally reassigned in the companies
to engage in 11 service industries in the commitment on services between
Vietnam and WTO.
5. Ministers, Heads of ministerial
agencies, Heads of Governmental agencies, Chairpersons of the People’s
Committees of provinces and central-affiliated cities shall implement this
Decree./.