| GOVERMENT | SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
| Number: 152 / 2020 / ND-CP | Hanoi, date 30 month 12 year 2020 |
DECREE
REGULATIONS ON FOREIGN WORKERS WORKING IN VIETNAM AND THE RECRUITMENT AND MANAGEMENT OF VIETNAMESE WORKERS WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM
Based on the Law on Organization of the Government dated June 19, 2015; and the 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 22, 2019:
Based on the Labor Code dated June 20, 2019;
Based on the Investment Law dated June 17, 2020;
Based on the Enterprise Law dated November 17, 2020;
As requested by the Minister of Labour, Invalids and Social Affairs;
The government has issued a Decree regulating foreign workers working in Vietnam and the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree regulates foreign workers working in Vietnam and the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam in accordance with the following articles and clauses of the Labor Code:
1. Conditions, procedures for granting, re-granting, extending, and revoking work permits and certificates of exemption from work permit requirements for foreign workers working in Vietnam under Article 157 of the Labor Code and foreign workers working in Vietnam who are not subject to work permit requirements under Clauses 1, 2, and 9 of Article 154 of the Labor Code.
2. Recruiting, introducing, and managing Vietnamese workers to work for foreign organizations and individuals in Vietnam (hereinafter referred to as foreign organizations and individuals) in accordance with Clause 3, Article 150 of the Labor Code.
Article 2. Subject of application
1. Foreign workers who come to work in Vietnam (hereinafter referred to as foreign workers) do so in the following forms:
a) Fulfilling the employment contract;
b) Internal transfers within the company;
c) To execute contracts or agreements related to economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training, and healthcare;
d) Contracted service providers;
d) Offering services for sale;
e) Working for a foreign non-governmental organization or an international organization operating in Vietnam in accordance with Vietnamese law;
g) Volunteers;
h) The person responsible for establishing the commercial presence;
i) Managers, executives, experts, and technical workers;
k) Participating in the implementation of contracts and projects in Vietnam;
l) Relatives of members of foreign diplomatic missions in Vietnam are permitted to work in Vietnam in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a party.
2. Employers of foreign workers, including:
a) Enterprises operating under the Enterprise Law, the Investment Law, or international treaties to which the Socialist Republic of Vietnam is a signatory;
b) The contractor participates in the bidding process and executes the contract;
c) Representative offices and branches of enterprises, agencies, and organizations that have been licensed to be established by competent authorities;
d) State agencies, political organizations, socio-political organizations, socio-professional organizations, social organizations, and socio-professional organizations;
d) Foreign non-governmental organizations that have been granted registration certificates by competent Vietnamese authorities in accordance with Vietnamese law;
e) Non-profit organizations and educational institutions established in accordance with the law;
g) International organizations, offices of foreign projects in Vietnam; agencies and organizations established and operating in accordance with the law, as permitted by the Government, the Prime Minister, ministries, and sectors;
h) The executive office of a foreign investor in a business cooperation contract or of a foreign contractor is registered to operate in accordance with the law;
i) To establish a law firm in Vietnam in accordance with the law;
k) Cooperatives and cooperative unions established and operating in accordance with the Law on Cooperatives;
l) Household businesses and individuals are permitted to conduct business activities in accordance with the law.
3. Foreign organizations in Vietnam are foreign agencies and organizations authorized by competent Vietnamese authorities to operate in Vietnam, including:
a) Diplomatic missions, foreign consular offices, representative offices of international organizations belonging to the United Nations system, regional and sub-regional organizations;
b) Permanent offices of foreign news agencies, newspapers, radio and television stations;
c) International organizations, intergovernmental organizations, and organizations affiliated with foreign governments;
d) Foreign non-governmental organizations that have been granted registration certificates by competent Vietnamese authorities in accordance with the law;
d) Representative offices in Vietnam of foreign organizations operating in the fields of: economics, trade, finance, banking, insurance, science and technology, culture, education, health, and foreign legal consulting.
4. Foreign individuals in Vietnam are foreigners working at organizations specified in Clause 3 of this Article or persons permitted to reside in Vietnam by competent Vietnamese authorities.
5. Vietnamese workers employed by foreign organizations or individuals in Vietnam.
6. Employment service organizations and labor leasing enterprises provide services to foreign organizations and individuals in Vietnam related to the recruitment, referral, and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam.
Article 3. Explain words
1. Foreign workers who are transferred within a company are managers, executives, experts, and technical workers of a foreign enterprise that has established a commercial presence in Vietnam, who are temporarily transferred within the company to the commercial presence in Vietnam, and who have been employed by the foreign enterprise for at least 12 consecutive months prior to the transfer.
2. Volunteers are foreign workers who work in Vietnam on a voluntary and unpaid basis to fulfill international treaties to which the Socialist Republic of Vietnam is a party, and who have confirmation from a foreign diplomatic mission or international organization in Vietnam.
3. Experts are foreign workers who fall into one of the following categories:
a) Possess a university degree or equivalent and have at least 3 years of work experience in a field of study relevant to the job position the foreign worker intends to work in Vietnam;
b) Have at least 5 years of experience and a professional certificate relevant to the job position that the foreign worker intends to work in Vietnam;
c) Special cases decided by the Prime Minister upon the proposal of the Ministry of Labour, Invalids and Social Affairs.
4. A manager is a person who manages a business as stipulated in Clause 24, Article 4 of the Enterprise Law, or is the head or deputy head of an agency or organization.
5. The Chief Executive Officer is the head and direct manager of a unit under the authority of an agency, organization, or enterprise.
6. Skilled workers are foreign workers who fall into one of the following categories:
a) Having received at least one year of training in a technical or other specialized field and having worked for at least three years in the field of training;
b) Have at least 5 years of experience in a job relevant to the position the foreign worker intends to hold in Vietnam.
7. Commercial presence includes economic organizations with foreign investment capital; representative offices and branches of foreign traders in Vietnam; and executive offices of foreign investors in business cooperation contracts.
8. Contracted service providers are foreign workers who have worked for at least two years (24 months) in a foreign enterprise without a commercial presence in Vietnam and must meet the requirements for experts as stipulated in Clause 3 of this Article.
9. Foreign workers employed under the service sales arrangement are foreign workers who do not reside in Vietnam and do not receive remuneration from any source in Vietnam, participating in activities related to representing a service provider to negotiate the sale of that provider's services, provided they do not directly sell those services to the public and do not directly participate in providing the services.
Chapter II
APPROVAL OF NEEDS FOR EMPLOYING FOREIGN WORKERS; FOREIGN WORKERS NOT REQUIRED TO REQUIRE A WORK PERMIT; ISSUANCE, RE-ISSUANCE, EXTENSION AND REVOCATION OF WORK PERMITS
Section 1. APPROVAL OF THE NEED TO EMPLOY FOREIGN WORKERS
Article 4. Employment of foreign workers
1. Determine the need for foreign workers.
a) At least 30 days before the expected date of employing foreign workers, the employer (excluding contractors) is responsible for determining the need for foreign workers for each job position that Vietnamese workers cannot fill and submitting a report explaining the need to the Ministry of Labour, Invalids and Social Affairs or the People's Committee of the province or centrally-administered city (hereinafter referred to as the Provincial People's Committee) where the foreign workers are expected to work, using Form No. 01/PLI in Appendix I issued with this Decree.
During the implementation process, if there is a change in the need to employ foreign workers, the employer must report to the Ministry of Labour, Invalids and Social Affairs or the People's Committee of the province using Form No. 02/PLI, Appendix I, issued with this Decree, at least 30 days before the expected date of employing foreign workers.
b) In the case of foreign workers as stipulated in Clauses 3, 4 and 5 of Article 154 of the Labor Code and Clauses 1, 2, 8, 9, 10, 11, 12 and 13 of Article 7 of this Decree, the employer is not required to determine the need to employ foreign workers.
2. The Ministry of Labour, Invalids and Social Affairs or the People's Committee of the province shall issue a written approval or disapproval of the employment of foreign workers for each job position according to Form No. 03/PLI Appendix I issued with this Decree within 10 working days from the date of receiving the explanatory report or the explanatory report on changes in the need for foreign workers.
Article 5. Use of foreign workers by contractors
1. Before recruiting foreign workers, the contractor is responsible for declaring the number, qualifications, professional capacity, and experience of foreign workers needed to perform the contract in Vietnam and proposing the recruitment of Vietnamese workers for the positions intended for foreign workers to the Chairman of the People's Committee of the province where the contractor is implementing the contract, using Form No. 04/PLI, Appendix I, issued with this Decree.
If the contractor needs to adjust or supplement the declared number of workers, the investor must confirm the adjusted or supplementary plan for the contractor's required labor needs according to Form No. 05/PLI, Appendix I, issued with this Decree.
2. The Chairman of the Provincial People's Committee shall direct local agencies and organizations to introduce and supply Vietnamese workers to the contractor, or coordinate with agencies and organizations in other localities to introduce and supply Vietnamese workers to the contractor. Within a maximum of 02 months from the date of receiving a request to recruit 500 or more Vietnamese workers, and a maximum of 01 month from the date of receiving a request to recruit 100 to less than 500 Vietnamese workers, and 15 days from the date of receiving a request to recruit less than 100 Vietnamese workers, if no Vietnamese workers are introduced or supplied to the contractor, the Chairman of the Provincial People's Committee shall consider and decide whether the contractor is allowed to recruit foreign workers for positions for which Vietnamese workers cannot be recruited, according to Form No. 06/PLI Appendix I issued with this Decree.
3. The investor is responsible for supervising and requiring the contractor to comply with the declared information regarding the use of Vietnamese and foreign workers; guiding, urging, and inspecting the contractor's compliance with regulations on the recruitment and employment of foreign workers; monitoring and managing foreign workers to ensure compliance with legal regulations; and reporting on the situation of foreign worker employment for the first six months and annually, before July 5th and January 5th of the following year, using Form No. 07/PLI in Appendix I issued with this Decree.
The deadline for reporting data for the first six months of the year is from December 15th of the previous year to June 14th of the current year. The deadline for reporting data annually is from December 15th of the previous year to December 14th of the current year.
4. Annually or on an ad hoc basis, the Department of Labor, War Invalids and Social Affairs shall preside over and coordinate with the provincial/city police; the Provincial Border Guard Command or relevant agencies and units of the Ministry of National Defense in border areas, border gates, islands, strategic areas, key areas, and critical areas for national defense; and other relevant agencies to inspect the implementation of legal regulations regarding foreign workers in contracts awarded to contractors in the area, and report the inspection results to the Provincial People's Committee, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Public Security, and the Ministry of National Defense.
Article 6. Reporting on the employment of foreign workers
1. Before July 5th and January 5th of the following year, foreign employers shall report on the employment of foreign workers for the first six months and annually according to Form No. 07/PLI, Appendix I, issued with this Decree. The deadline for reporting the first six months is from December 15th of the previous year to June 14th of the reporting period, and the deadline for reporting the annual report is from December 15th of the previous year to December 14th of the reporting period.
2. Before July 15th and January 15th of the following year, or on an ad hoc basis as requested, the Department of Labor, War Invalids and Social Affairs is responsible for reporting to the Ministry of Labor, War Invalids and Social Affairs on the situation of foreign workers working in the area according to Form No. 08/PLI, Appendix I issued with this Decree. The deadline for finalizing the data for the first six months of the year and annually shall be in accordance with the Government's regulations on the reporting regime of state administrative agencies.
Section 2. FOREIGN WORKERS NOT REQUIRED TO OBTAIN A WORK PERMIT
Article 7. Cases where foreign workers are not required to obtain a work permit.
In addition to the cases stipulated in Clauses 3, 4, 5, 6, 7, and 8 of Article 154 of the Labor Code, foreign workers are not subject to the requirement of obtaining a work permit:
1. Being the owner or contributing member of a limited liability company with a capital contribution value of 3 billion VND or more.
2. Being 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. Movement within enterprises in the scope of 11 service sectors in Vietnam's service commitments schedule with the World Trade Organization, including: business, information, construction, distribution, education, environment, finance, health, tourism, culture and entertainment, and transport.
4. Entering Vietnam to provide professional and technical consulting services or perform other tasks serving the research, development, appraisal, monitoring, evaluation, management, and implementation of programs and projects using official development assistance (ODA) funds as stipulated or agreed upon in international treaties on ODA signed between competent authorities of Vietnam and foreign countries.
5. Licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam in accordance with the law.
6. Those sent to Vietnam by competent foreign agencies or organizations to teach or conduct research at international schools under the management of foreign diplomatic missions or the United Nations; or at institutions and organizations established under agreements that Vietnam has signed or participated in.
7. Volunteers as stipulated in Clause 2, Article 3 of this Decree.
8. Entering Vietnam to work in managerial, executive, expert, or technical worker positions for a period of less than 30 days and no more than 3 times in one year.
9. Entering Vietnam to implement international agreements signed by central and provincial-level agencies and organizations in accordance with the law.
10. Students studying at schools and training institutions abroad who have internship agreements with agencies, organizations, and businesses in Vietnam; trainees undergoing internships or apprenticeships on Vietnamese ships.
11. Relatives of members of foreign diplomatic missions in Vietnam as stipulated in point l, clause 1, Article 2 of this Decree.
12. Possessing an official passport to work for a state agency, political organization, or socio-political organization.
13. The person responsible for establishing the commercial presence.
14. Foreign workers entering Vietnam for teaching or research purposes are certified by the Ministry of Education and Training.
Article 8. Confirmation that foreign workers are not subject to the requirement of obtaining a work permit.
1. The Ministry of Labour, Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs has the authority to confirm that foreign workers are not subject to the requirement of obtaining a work permit.
2. Employers must request the Ministry of Labour, Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs in the locality where the foreign worker is expected to work to confirm that the foreign worker is not subject to the requirement of obtaining a work permit at least 10 days before the foreign worker begins work.
In cases stipulated in Clauses 4, 6, and 8 of Article 154 of the Labor Code and Clauses 1, 2, 8, and 11 of Article 7 of this Decree, it is not necessary to go through the procedure of confirming that the foreign worker is not subject to the labor permit requirement, but a report must be submitted to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs in the locality where the foreign worker is expected to work, providing the following information: full name, age, nationality, passport number, name of the foreign employer, start date and end date of work at least 3 days before the foreign worker is expected to start working in Vietnam.
The maximum validity period for confirming that a foreign worker is not subject to the work permit requirement is 02 years, and is based on the duration of one of the cases stipulated in Article 10 of this Decree. In the case of re-issuing confirmation that a foreign worker is not subject to the work permit requirement, the maximum validity period is 02 years.
3. Documents required for confirmation that the applicant is not subject to the work permit requirement include:
a) A written request for confirmation that the foreign worker is not subject to the requirement of obtaining a work permit, using Form No. 09/PLI in Appendix I issued with this Decree;
b) A health certificate or medical examination report as prescribed in Clause 2, Article 9 of this Decree;
c) Written approval of the need to employ foreign workers, except in cases where the need to employ foreign workers does not need to be determined;
d) A certified copy of a passport that is still valid according to the law;
d) Documents to prove that the foreign worker is not subject to the requirement of obtaining a work permit;
e) The documents specified in points b, c, and d of this clause must be one original or certified copy; if from a foreign country, they must be consular legalized, translated into Vietnamese, and certified, except in cases where consular legalization is waived according to an international treaty to which the Socialist Republic of Vietnam and the relevant foreign country are both signatories, or according to the principle of reciprocity, or as stipulated by law.
4. Within 05 working days from the date of receiving a complete application for confirmation that the applicant is not subject to the labor permit requirement, 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 non-obligation to obtain a labor permit, using Form No. 10/PLI in Appendix I attached to this Decree. If confirmation is not granted, a written response stating the reasons shall be provided.
Section 3. Issuance of Work Permits
Article 9. Application dossier for a work permit
1. The employer's application for a work permit must be in accordance with Form No. 11/PLI, Appendix I, issued together with this Decree.
2. A health certificate or medical examination report issued by a competent health authority or organization in a foreign country or in Vietnam is valid for 12 months from the date of the health conclusion to the date of submission of the application or certificate confirming sufficient health as prescribed by the Minister of Health.
3. A criminal record certificate or document confirming that the foreign worker is not currently serving a sentence, has not had their criminal record expunged, or is not currently under criminal investigation by a foreign country or by Vietnam.
The criminal record certificate or document confirming that the foreign worker is not currently serving a sentence, has not had their criminal record expunged, or is not currently under criminal investigation must be issued no more than 06 months prior to the date of application submission.
4. Documents proving that the applicant is a manager, executive director, expert, technical worker, or holds certain other professions or jobs as specified below:
a) Documents proving that the applicant is a manager or executive director as stipulated in Clauses 4 and 5 of Article 3 of this Decree;
b) Documents proving that the applicant is a specialist or technical worker as stipulated in Clauses 3 and 6 of Article 3 of this Decree, including: diplomas, certificates, and confirmation documents from agencies, organizations, or enterprises abroad regarding the number of years of experience of the specialist or technical worker;
c) Documents proving the experience of a foreign football player or an International Transfer Certificate (ITC) issued to a foreign football player, or a document from the Vietnam Football Federation confirming the temporary or official registration of the player by a club belonging to the Vietnam Football Federation;
d) A pilot's license issued by a competent authority of Vietnam or by a competent authority of a foreign country and recognized by a competent authority of Vietnam for foreign pilots, or a professional certificate allowing work on aircraft issued by the Ministry of Transport for flight attendants;
d) A certificate of professional qualifications in the field of aircraft maintenance issued by a competent authority of Vietnam or by a competent authority of a foreign country and recognized by a competent authority of Vietnam for foreign workers performing aircraft maintenance work;
e) Certificate of professional competence or recognition of professional competence certificate issued by a competent authority of Vietnam to foreign seafarers;
g) A certificate of high achievement in the field of sports, certified by the Ministry of Culture, Sports and Tourism, for sports coaches, or at least one of the following qualifications: AFC Football Coaching Certificate B, AFC Goalkeeper Coaching Certificate Level 1, AFC Fitness Coaching Certificate Level 1, AFC Futsal Coaching Certificate Level 1, or any equivalent foreign coaching qualification recognized by the AFC;
h) Diplomas issued by competent authorities that meet the requirements for qualifications and standards as stipulated in the Law on Education, the Law on Higher Education, the Law on Vocational Education, and the Regulations on the Organization and Operation of Foreign Language and Information Technology Centers issued by the Minister of Education and Training.
5. Two color photographs (4 cm x 6 cm in size, white background, face looking straight ahead, head uncovered, no colored glasses), taken no more than 6 months prior to the application submission date.
6. Written approval of the need to employ foreign workers, except in cases where the need to employ foreign workers does not need to be determined.
7. A certified copy of a passport that is still valid according to the law.
8. Documents related to foreign workers:
a) For foreign workers as stipulated in point b, clause 1, Article 2 of this Decree, there must be a document from the foreign enterprise assigning them to work at the foreign enterprise's commercial presence in Vietnam, and a document proving that the foreign worker has been employed by that foreign enterprise for at least 12 consecutive months before working in Vietnam;
b) For foreign workers as stipulated in point c, clause 1, Article 2 of this Decree, there must be a contract or agreement signed between the Vietnamese and foreign partners, which must include an agreement on the foreign worker's employment in Vietnam;
c) For foreign workers as stipulated in point d, clause 1, Article 2 of this Decree, there must be a service contract signed between the Vietnamese and foreign partners, and documentation proving that the foreign worker has worked for a foreign enterprise without a commercial presence in Vietnam for at least two years;
d) For foreign workers as stipulated in point d, clause 1, Article 2 of this Decree, there must be a document from the service provider sending the foreign worker to Vietnam to negotiate the provision of services;
d) For foreign workers as stipulated in point e, clause 1, Article 2 of this Decree, there must be a document from the agency or organization sending the foreign worker to work for a foreign non-governmental organization or international organization in Vietnam, except for the cases stipulated in point a, clause 1, Article 2 of this Decree, and the operating license of the foreign non-governmental organization or international organization in Vietnam as prescribed by law;
e) For foreign workers as stipulated in point i, clause 1, Article 2 of this Decree, there must be a document from the foreign enterprise, agency, or organization sending the foreign worker to work in Vietnam, and the work must be in accordance with the intended position.
9. Application dossier for work permits in certain special cases:
a) For foreign workers who have been granted a valid work permit and wish to work for a different employer in the same position and job title as stated in the work permit, the application for a new work permit shall include: a confirmation letter from the previous employer stating that the worker is currently employed, the documents specified in clauses 1, 5, 6, 7, and 8 of this Article, and a certified copy of the previously issued work permit;
b) For foreign workers who have been granted a valid work permit and change their job position, job title, or form of work as stated in the work permit in accordance with the law, but without changing the employer, the application for a new work permit shall include the documents specified in clauses 1, 4, 5, 6, 7, and 8 of this Article, and the work permit or a certified copy of the previously issued work permit.
10. Consular legalization and authentication of documents:
The documents stipulated in Clauses 2, 3, 4, 6, and 8 of this Article must be one original or certified copy; if from a foreign country, they must be legalized by consular authorities, except in cases where consular legalization is waived according to international treaties to which the Socialist Republic of Vietnam and the relevant foreign country are both parties, or according to the principle of reciprocity, or as prescribed by law; they must be translated into Vietnamese and certified according to Vietnamese law.
Article 10. Duration of work permit
The validity period of a work permit is granted according to one of the following cases, but not exceeding 02 years:
1. The expected duration of the employment contract.
2. The duration of the contract for foreign workers sent to work in Vietnam by the foreign party.
3. The term of the contract or agreement signed between the Vietnamese and foreign partners.
4. The term of the contract or service agreement signed between the Vietnamese and foreign partners.
5. The timeframe stated in the document from the service provider sending foreign workers to Vietnam for service negotiations.
6. The duration is specified in the operating license of the agency, organization, or enterprise.
7. The time limit specified in the document from the service provider sending foreign workers to Vietnam to establish a commercial presence of that service provider.
8. The validity period specified in the document proving that a foreign worker is permitted to participate in the activities of a foreign enterprise that has established a commercial presence in Vietnam.
9. The time limit specified in the approval document for employing foreign workers, except in cases where a report explaining the need to employ foreign workers is not required as stipulated in point b, clause 1, Article 4 of this Decree.
Article 11. Procedures for granting work permits
1. At least 15 days before the date the foreign worker is expected to start working in Vietnam, the applicant for a work permit must submit the application to the Ministry of Labour, Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs in the locality where the foreign worker is expected to work, as stipulated below:
a) The employer in the case of foreign workers working under the forms specified in points a, b, e, g, i, and k of Clause 1, Article 2 of this Decree;
b) Vietnamese agencies, organizations, or enterprises, or foreign organizations or enterprises operating in Vietnam, where foreign workers come to work under the forms specified in points c and d of Clause 1, Article 2 of this Decree;
c) Foreign workers entering Vietnam to offer services are responsible for establishing a commercial presence in accordance with the forms specified in points d and h of Clause 1, Article 2 of this Decree.
2. Within 05 working days from the date of receiving a complete application for a work permit, the Ministry of Labour, Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs of the locality where the worker is expected to work shall issue a work permit to the foreign worker according to Form No. 12/PLI, Appendix I, issued together with this Decree. The work permit form shall be printed and issued uniformly by the Ministry of Labour, Invalids and Social Affairs. In case of refusal to issue a work permit, a written response shall be provided stating the reasons.
3. For foreign workers as stipulated in 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 a written labor contract in accordance with Vietnamese labor law before the expected start date of employment with the employer.
Employers must submit the signed employment contract to the competent authority that issued the work permit, upon request. The employment contract must be the original or a certified copy.
Section 4. Reissuance of Work Permit
Article 12. Cases for reissuing work permits
1. The work permit, which is still valid, has been lost.
2. The valid work permit is damaged.
3. Change the surname and given name, nationality, passport number, and place of work as stated in the valid work permit.
Article 13. Documents required for re-issuance of work permit
1. The employer's request for the re-issuance of a work permit must be in accordance with Form No. 11/PLI, Appendix I, issued together with this Decree.
2. Two color photographs (4 cm x 6 cm in size, white background, face looking straight ahead, head uncovered, no colored glasses), taken no more than 6 months prior to the application submission date.
3. A valid work permit has been issued:
a) In case the work permit is lost as stipulated in Clause 1, Article 12 of this Decree, confirmation from the commune-level police agency where the foreigner resides or from the competent authority of the foreign country as prescribed by law is required;
b) In case of changes to the information recorded on the work permit, supporting documents must be provided.
4. Written approval of the need to employ foreign workers, except in cases where the need to employ foreign workers does not need to be determined.
5. The documents specified in Clauses 3 and 4 of this Article must be originals or certified copies, except as stipulated in Clause 1 of Article 12 of this Decree. If they are from a foreign country, they must be legalized by consular authorities and translated into Vietnamese, except in cases where consular legalization is waived according to international treaties to which the Socialist Republic of Vietnam and the relevant foreign country are both parties, or according to the principle of reciprocity, or as prescribed by law.
Article 14. Procedures for reissuing work permits
Within 03 working days from the date of receiving a complete application for the re-issuance of a work permit, the Ministry of Labour, Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs shall re-issue the work permit. In case the work permit is not re-issued, a written response will be provided stating the reasons.
Article 15. Validity Period of Reissued Work Permits
The validity period of a renewed work permit is equal to the validity period of the original work permit minus the time the foreign worker has worked up to the time of applying for renewal.
Section 5. EXTENSION OF WORK PERMIT
Article 16. Conditions for renewing a work permit
1. The issued work permit must be valid for at least 05 days but no more than 45 days.
2. The need to employ foreign workers has been approved by the competent authority as stipulated in Article 4 or Article 5 of this Decree.
3. Documents proving that the foreign worker will continue to work for the employer in accordance with the terms of the issued work permit.
Article 17. Documents required for requesting extension of work permit.
1. The employer's request for extension of the work permit must be in accordance with Form No. 11/PLI, Appendix I, issued together with this Decree.
2. Two color photographs (4 cm x 6 cm in size, white background, face looking straight ahead, head uncovered, no colored glasses), taken no more than 6 months prior to the application submission date.
3. A valid work permit has been issued.
4. Written approval of the need to employ foreign workers, except in cases where the need to employ foreign workers does not need to be determined.
5. A certified copy of a passport that is still valid according to the law.
6. A health certificate or medical examination report as prescribed in Clause 2, Article 9 of this Decree.
7. One of the documents specified in Clause 8, Article 9 of this Decree proving that the foreign worker continues to work for the employer in accordance with the content of the issued work permit.
8. The documents specified in Clauses 3, 4, 6, and 7 of this Article must be one original or certified copy; if from a foreign country, they must be legalized by consular authorities and translated into Vietnamese, except in cases where consular legalization is waived according to an international treaty to which the Socialist Republic of Vietnam and the relevant foreign country are both parties, or according to the principle of reciprocity, or as stipulated by law.
Article 18. Procedures for renewing work permits
1. At least 05 days but no more than 45 days before the work permit expires, the employer must submit an application for renewal of the work permit to the Ministry of Labour, Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs that issued the work permit.
2. Within 05 working days from the date of receiving a complete application for extension of the work permit, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall extend the work permit. In case of refusal to extend the work permit, a written response shall be provided stating the reasons.
3. For foreign workers as stipulated in point a, clause 1, Article 2 of this Decree, after the foreign worker's work permit is extended, the employer and the foreign worker must sign a written labor contract in accordance with Vietnamese labor law before the expected date of resuming work for the employer.
Employers must submit the signed employment contract to the competent authority that renewed the work permit upon request. The employment contract must be the original or a certified copy.
Article 19. Duration of work permit extension
The validity period of the work permit may be extended according to the duration of one of the cases stipulated in Article 10 of this Decree, but it can only be extended once for a maximum period of 02 years.
Section 6. Revocation of Work Permits
Article 20. Cases of revocation of work permits
1. The work permit expires in accordance with Clauses 1, 2, 3, 4, 5, 6 and 7 of Article 156 of the Labor Code.
2. Employers or foreign workers fail to comply with the regulations in this Decree.
3. Foreign workers, while working in Vietnam, fail to comply with Vietnamese law, affecting security, order, and social safety.
Article 21. Procedures for revoking work permits
1. In the case stipulated in Clause 1, Article 20 of this Decree, within 15 days from the date the work permit expires, the employer shall revoke the work permit of the foreign worker and return it to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs that issued the work permit, along with a document stating the reason for revocation, in cases where the permit is eligible for revocation but cannot be revoked.
2. In cases stipulated in Clauses 2 and 3 of Article 20 of this Decree, the Ministry of Labour, Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs that issued the work permit shall issue a decision to revoke the work permit according to Form No. 13/PLI in Appendix I attached to this Decree and notify the employer to revoke the work permit of the foreign worker and return it to the Ministry of Labour, Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs that issued the work permit.
3. Within 05 working days from the date of receiving the revoked work permit, the Ministry of Labour, Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs shall issue a written confirmation of the revocation of the work permit to the employer.
Chapter III
RECRUITMENT AND MANAGEMENT OF VIETNAMESE WORKERS EMPLOYED FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM
Article 22. Authority to recruit and manage Vietnamese workers employed by foreign organizations and individuals.
1. Organizations authorized to recruit and manage Vietnamese workers for foreign organizations and individuals (hereinafter referred to as organizations authorized to recruit and manage Vietnamese workers) include:
a) Organizations that have been delegated, authorized, assigned tasks, commissioned, or tendered by the Ministry of Foreign Affairs;
b) Organizations that have been delegated, authorized, assigned tasks, commissioned, or tendered by the Department of Labor, War Invalids and Social Affairs.
2. The organizations specified in point a, clause 1 of this Article are authorized to recruit and manage Vietnamese workers employed by the following foreign organizations and individuals:
a) Foreign organizations as stipulated in points a, b, c, and d of Clause 3, Article 2 of this Decree;
b) Foreign individuals working for foreign organizations as stipulated in points a, b, c, and d of Clause 3, Article 2 of this Decree.
3. The organization specified in point b, clause 1 of this Article is authorized to recruit and manage Vietnamese workers employed by the following foreign organizations and individuals:
a) Foreign organizations as stipulated in point d, clause 3, Article 2 of this Decree;
b) Foreign individuals working for foreign organizations as stipulated in point d, clause 3, Article 2 of this Decree, and foreigners who have been granted permission to reside in Vietnam by competent Vietnamese authorities.
Article 23. Application documents for Vietnamese workers
1. Application form for employment according to Form No. 01/PLII Appendix II issued with this Decree.
2. A certified copy of one of the following documents: birth certificate, identity card, or citizen identification card.
3. A health certificate or medical examination report issued by an authorized medical facility is valid for 12 months from the date of application submission.
4. Certified copies of diplomas and certificates demonstrating professional, technical, vocational, and foreign language skills relevant to the job the applicant is applying for. If from a foreign country, they must be legalized by consular authorities, except in cases where consular legalization is waived according to international treaties to which the Socialist Republic of Vietnam and the relevant foreign country are both signatories, or according to the principle of reciprocity, or as stipulated by law; translated into Vietnamese and certified according to Vietnamese law.
Article 24. Procedures for recruiting Vietnamese workers to work for foreign organizations and individuals.
1. When there is a need to employ Vietnamese workers, foreign organizations and individuals may directly recruit or recruit through employment service organizations, labor leasing companies, or organizations authorized to recruit and manage Vietnamese workers.
2. In cases of recruitment through an organization authorized to recruit and manage Vietnamese workers, foreign organizations and individuals must send a written request to recruit Vietnamese workers to that organization. The request must clearly state the job requirements, number of positions, professional and technical qualifications, foreign language skills, recruitment deadline, and the rights and obligations of both the Vietnamese workers and the foreign organization/individual during and after employment for each position being recruited.
Within 15 working days from the date of receiving the request from a foreign organization or individual, the organization authorized to recruit and manage Vietnamese workers is responsible for recruiting and managing Vietnamese workers as requested by the foreign organization or individual. If, after the aforementioned period, the organization authorized to recruit and manage Vietnamese workers fails to recruit or introduce Vietnamese workers as requested by the foreign organization or individual, it must provide a written response stating the reasons.
3. Within 07 working days from the date of signing the labor contract with a Vietnamese worker, the foreign organization or individual must notify in writing, accompanied by a certified copy of the signed labor contract with the Vietnamese worker and the documents specified in Clauses 2 and 4 of Article 23 of this Decree, the organization authorized to recruit and manage Vietnamese workers. If the labor contract is signed in a foreign language, a Vietnamese translation must be included.
Article 25. Responsibilities of Vietnamese workers when working for foreign organizations and individuals
1. Comply with Vietnamese labor laws.
2. Comply strictly with the terms of the employment contract signed with the foreign organization or individual.
3. Comply strictly with the regulations of the competent organization responsible for recruiting and managing Vietnamese workers employed by foreign organizations and individuals.
Article 26. Responsibilities of foreign organizations and individuals in Vietnam when employing Vietnamese workers.
1. Comply with the provisions of the Labor Code and other applicable regulations.
2. Strictly adhere to the labor contracts signed with Vietnamese workers.
3. Before December 15th of each year, or on an ad hoc basis when requested, foreign organizations and individuals employing Vietnamese workers shall submit an annual report on the recruitment and employment of Vietnamese workers for foreign organizations and individuals, using Form No. 02/PLII in Appendix II issued with this Decree. The deadline for finalizing the annual report data is from December 15th of the year preceding the reporting period to December 14th of the reporting period, and the report shall be submitted as follows:
a) Foreign organizations and individuals specified in points a, b, c, and d of Clause 3, Article 2 of this Decree shall submit reports to the competent organization for recruiting and managing Vietnamese workers as prescribed in point a, Clause 1, Article 22 of this Decree;
b) Foreign organizations and individuals specified in point d, clause 3, Article 2 of this Decree shall submit reports to the organization authorized to recruit and manage Vietnamese workers as prescribed in point b, clause 1, Article 22 of this Decree.
Article 27. Responsibilities of organizations authorized to recruit and manage Vietnamese workers
1. Receiving application dossiers from Vietnamese workers and written requests for the recruitment of Vietnamese workers from foreign organizations and individuals.
2. To organize the recruitment, placement, and management of Vietnamese workers employed by foreign organizations and individuals.
3. Participate in training and professional development programs for Vietnamese workers in accordance with the law to meet the requirements of foreign organizations and individuals.
4. Before December 20th of each year, or on an ad hoc basis when requested, the competent organization responsible for recruiting and managing Vietnamese workers shall report on the situation of recruiting and managing Vietnamese workers employed by foreign organizations and individuals in Vietnam according to Form No. 03/PLII, Appendix II, issued with this Decree. The deadline for finalizing the annual report data is from December 15th of the year preceding the reporting period to December 14th of the reporting period, and the report shall be submitted as follows:
a) Organizations authorized, delegated, assigned tasks, commissioned, or tendered by the Ministry of Foreign Affairs to recruit and manage Vietnamese workers employed by foreign organizations or individuals shall report to the Ministry of Foreign Affairs;
b) Organizations that are delegated, authorized, assigned tasks, commissioned, or tendered by the Department of Labor, War Invalids and Social Affairs to recruit and manage Vietnamese workers employed by foreign organizations or individuals must report to the Department of Labor, War Invalids and Social Affairs.
5. Recommend that competent authorities and individuals take action against agencies, organizations, and individuals who violate the provisions of this Decree.
6. Perform other duties as prescribed by law.
Article 28. Responsibilities of employment service organizations and labor leasing enterprises
Before December 15th of each year, or on an ad hoc basis when requested, employment service organizations and labor leasing enterprises shall report on the situation of supplying Vietnamese workers or leasing Vietnamese workers to work for foreign organizations and individuals in Vietnam according to Form No. 04/PLII, Appendix II issued with this Decree, to the organization authorized to recruit and manage Vietnamese workers. The deadline for finalizing the annual report data is from December 15th of the year preceding the reporting period to December 14th of the reporting period.
Chapter IV
TERMS ENFORCEMENT
Article 29. Enforcement
1. This Decree shall take effect from January 15, 2021.
2. Government Decree No. 11/2016/ND-CP dated February 3, 2016, detailing the implementation of several articles of the Labor Code concerning foreign workers in Vietnam (hereinafter referred to as Decree No. 11/2016/ND-CP), has been amended and supplemented by Government Decree No. 140/2018/ND-CP dated October 8, 2018, amending and supplementing decrees related to investment and business conditions and administrative procedures under the state management scope of the Ministry of Labor, Invalids and Social Affairs (hereinafter referred to as Decree No. 140/2018/ND-CP) and Government Decree No. 75/2014/ND-CP dated July 28, 2014, detailing the implementation of several articles of the Labor Code concerning the recruitment and management of Vietnamese workers working for organizations and individuals. The provisions regarding foreign nationals in Vietnam cease to be effective from the date this Decree comes into force.
3. Transitional provisions:
a) Documents such as approval letters for the employment of foreign workers, confirmation letters stating that the applicant is not subject to the labor permit requirement, and labor permits already issued or reissued in accordance with Decree No. 11/2016/ND-CP, as amended and supplemented by Decree No. 140/2018/ND-CP, shall continue to be used until their expiration date;
b) In cases where labor contracts for foreign workers working in Vietnam have been signed and are still in effect before the effective date of this Decree, they shall continue to be implemented until the work permit issued in accordance with Decree No. 11/2016/ND-CP, as amended and supplemented by Decree No. 140/2018/ND-CP, expires.
Article 30. Responsible for implementing
1. Responsibilities of the Ministry of Labour, Invalids and Social Affairs:
a) To approve the need for employing foreign workers; to confirm that a worker is not subject to the requirement of obtaining a work permit; to issue, reissue, extend, and revoke work permits for foreign workers employed by employers specified in point g, clause 2, Article 2 and agencies and organizations specified in points d and e, clause 2, Article 2 of this Decree, which are authorized by the Government, the Prime Minister, ministries, and sectors to be established;
b) Employers specified in point a, clause 2, Article 2, whose head office is in one province or city but has a representative office or branch in another province or city, and employers specified in point d, clause 2, Article 2 of this Decree, may choose to carry out the approval of the need to employ foreign workers; confirm that they are not subject to the requirement of obtaining a work permit; issue, reissue, extend, and revoke work permits at the Ministry of Labor, War Invalids and Social Affairs;
c) To exercise state management over the recruitment and management of foreign workers working in Vietnam and Vietnamese citizens working for foreign organizations and individuals in Vietnam;
d) To chair and coordinate with ministries and agencies in organizing annual or unscheduled monitoring, evaluation, inspection, and auditing of relevant agencies, organizations, and enterprises regarding the implementation of legal regulations on foreign workers working in Vietnam and Vietnamese workers working for foreign organizations and individuals in Vietnam;
d) To chair and coordinate with ministries, central and local agencies in guiding, disseminating information, collecting data, researching, and evaluating the effectiveness of the implementation of this Decree;
e) To compile and report to the Prime Minister on foreign workers working in Vietnam and Vietnamese workers working for foreign organizations and individuals when requested;
g) Propose and handle violations by agencies, organizations, and individuals that violate the provisions of this Decree.
2. Responsibilities of the Ministry of Foreign Affairs:
a) To preside over and coordinate with central and local agencies in guiding and disseminating regulations on the recruitment and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam within the scope of the Ministry of Foreign Affairs' management;
b) Managing organizations that are delegated, authorized, assigned tasks, commissioned, or tendered by the Ministry of Foreign Affairs for the recruitment and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam;
c) Providing guidance on the recruitment and management of Vietnamese workers employed by foreign organizations and individuals as stipulated in points a, b, c, and d of Clause 3, Article 2 of this Decree;
d) Before December 30th of each year, or on an ad hoc basis when requested, the Ministry of Foreign Affairs shall send to the Ministry of Labour, Invalids and Social Affairs an annual report on the recruitment and management of Vietnamese workers employed by foreign organizations and individuals under its management, using Form No. 03/PLII in Appendix II issued with this Decree. The deadline for finalizing the annual report shall be in accordance with the Government's regulations on reporting regimes of state administrative agencies.
3. Responsibilities of the Ministry of Defense:
In coordination with competent authorities managing foreign workers, Vietnamese workers employed by foreign organizations and individuals, and foreign organizations and individuals employing Vietnamese workers, implement legal regulations on ensuring security, order, and social safety in border areas, border gates, islands, strategic and key areas, and areas critical to national defense.
4. Responsibilities of the Ministry of Public Security:
a) Periodically, on a monthly basis, provide information to the Ministry of Labour, Invalids and Social Affairs regarding foreign workers granted visas with symbols such as: LD, LV, DN, DT, who are employed by agencies, organizations, and enterprises;
b) Coordinate with competent authorities managing Vietnamese workers employed by foreign organizations and individuals in Vietnam, and with foreign organizations and individuals employing Vietnamese workers, to implement legal regulations on ensuring security, order, and social safety.
5. Responsibilities of the People's Committees of provinces and centrally-administered cities:
a) Managing and guiding local agencies and organizations in implementing legal regulations on foreign workers working in Vietnam and Vietnamese workers working for foreign organizations and individuals in Vietnam;
b) Directing local authorities to organize the dissemination of laws; inspect, investigate, and handle violations in accordance with the law regarding the recruitment and management of foreign workers and Vietnamese workers employed by foreign organizations and individuals in Vietnam within the locality;
c) Directing local agencies and organizations to introduce and supply Vietnamese labor to contractors;
d) Deciding whether to allow contractors to recruit foreign workers for job positions that cannot be filled by Vietnamese workers in the area;
d) Approve job positions where foreign workers are employed within the locality, or assign this task to an authorized agency.
6. Responsibilities of the Department of Labor, War Invalids and Social Affairs:
a) To approve the need for employing foreign workers; to confirm that a work permit is not required; to issue, reissue, extend, and revoke work permits for foreign workers employed by employers as stipulated in points a, b, c, h, i, k, l of Clause 2, Article 2, and by agencies and organizations stipulated in points d and e of Clause 2, Article 2 of this Decree established by the Provincial People's Committee, specialized agencies under the Provincial People's Committee, and District People's Committee;
b) Employers specified in point a, clause 2, Article 2, whose head office is in one province or city but has a representative office or branch in another province or city, and employers specified in point d, clause 2, Article 2 of this Decree, may choose to carry out the approval of the need to employ foreign workers; confirm that they are not subject to the requirement of obtaining a work permit; issue, reissue, extend, and revoke work permits at the Department of Labor, War Invalids and Social Affairs;
c) Upon receiving applications for the issuance, re-issuance, or extension of work permits; confirming that a foreign worker is not subject to work permit requirements, the application must be recorded in the tracking log according to Form No. 14/PLI, Appendix I, issued with this Decree, and a receipt must be given to the employer. The receipt must clearly state the date of receipt of the application; the documents included in the application; and the deadline for a response.
d) In cases where it is not confirmed that the applicant is not eligible for a work permit, or where a work permit is not issued, reissued, or extended, a written response must be provided using Form No. 15/PLI in Appendix I issued with this Decree;
d) To preside over and coordinate with local agencies in guiding and disseminating this Decree;
e) To exercise state management over foreign workers working in Vietnam and to recruit and manage Vietnamese workers working for foreign organizations and individuals within the local jurisdiction;
g) Managing organizations that are delegated, authorized, assigned tasks, commissioned, or tendered by the Department of Labor, War Invalids and Social Affairs regarding the recruitment and management of Vietnamese workers employed by foreign organizations and individuals;
h) Inspect, examine, and supervise the implementation of legal regulations concerning foreign workers working in Vietnam and the recruitment and management of Vietnamese workers working for foreign organizations and individuals within the local jurisdiction;
i) Before December 30th of each year, or on an ad hoc basis when requested, the Department of Labor, War Invalids and Social Affairs shall report to the Ministry of Labor, War Invalids and Social Affairs on the situation of recruitment and management of Vietnamese workers employed by foreign organizations and individuals under its management, using Form No. 03/PLII, Appendix II, issued with this Decree. The deadline for finalizing annual reports shall be in accordance with the Government's regulations on reporting regimes of state administrative agencies.
7. Ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial and centrally-administered city People's Committees, and relevant agencies, organizations, and individuals are responsible for implementing this Decree.