Circular No. 18/2018/TT-BLDTBXH dated October 30, 2018 of the Ministry of Labor, War Invalids and Social Affairs on amendments and supplements to certain articles of decrees related to administrative procedures under the state management of the Ministry of Labor, War Invalids and Social Affairs

THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Circular No. 18/2018/TT-BLDTBXH dated October 30, 2018 of the Ministry of Labor, War Invalids and Social Affairs onamendments and supplements to certain articles of decrees related to administrative procedures under the state management of ministry of labor, war invalids and social affairs

Pursuant to the Government s Decree No. 14/2017/ND-CP dated February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to the Government s Decree No. 34/2016/ND-CP dated May 14, 2016 elaborating on certain articles and measures for enforcement of the Law on Promulgation of Legislative Documents;

Pursuant to the Government s Decree No. 63/2010/ND-CP dated June 8, 2010 on control of administrative procedures; the Government s Decree No. 48/2013/ND-CP dated May 14, 2013 and the Government’s Decree No. 92/2017/ND-CP dated August 7, 2017 on amendments and supplements to certain articles of other Decrees regarding control of administrative procedures;

Upon the request of the Director of the Department of Legal Affairs,

Minister of Labor, War Invalids and Social Affairs hereby promulgates the Circular on amendments and supplements to certain articles of decrees related to administrative procedures under the state management of Ministry of Labor, War Invalids and Social Affairs.

Article 1. Amending and supplementing the Circular No. 26/2012/TT-BLDTBXH dated November 12, 2012 of the Minister of Labor, War Invalids and Social Affairs providing instructions on certain articles of the Government’s Decree No. 28/2012/ND-CP dated April 10, 2012 elaborating and providing instructions on implementation of certain articles of the Law on Disabled Persons as follows:

1. To amend and supplement Article 3 as follows:

 “Article 3. Documentation requirements and application procedures for recognition of the business hiring at least 30% of disabled employees on their payrolls that are entitled to incentives

1. Documentation requirements for recognition of the business hiring at least 30% of disabled employees on their payrolls, including:

a) Written request made by a business, clearly stating total existing employees and number of disabled employees;  

b) Copy of the business establishment decision or copy of the license of the requesting business; 

c) List of disabled employees and copies of disability certificates of disabled employees on the list;

d) Copies of employment contracts or decisions on hiring of disabled employees currently at work.

2. Application procedures:

a) The requesting business hiring at least 30% of disabled employees on their payroll prepares one set of application documents stipulated in clause 1 of this Article, send it (whether directly or by post) through to the Department of Labor, War Invalids and Social Affairs;

b) Within the maximum duration of 10 working days of receipt of all legally required application documents, the receiving Department of Labor, War Invalids and Social Affairs is responsible for verifying and assessing submitted documents, and granting its decision on recognition of the business hiring at least 30% of disabled employees on their payroll or sending them a notification stating clear reasons for refusal to grant recognition.

3. If the requesting business hires less than 30% of disabled employees, their representative shall be responsible for informing the Department of Labor, War Invalids and Social Affairs on time so that the Department can decide to suspend the recognition of the business hiring at least 30% of disabled employees on their payroll. 

4. The Department of Labor, War Invalids and Social Affairs shall have to conduct the annual inspection and audit at the business hiring at least 30% of disabled employees on their payroll. After such inspection and audit, if it is determined that the business does not meet prescribed recognition requirements, the recognition decision will be withdrawn and sanctions prescribed by laws may be imposed."    

2. The Form No. 05 given in point dd of clause 2 of Article 8 (attached hereto) shall be amended and supplemented.

Article 2. Amending, supplementing and repealing certain contents of the Circular No. 47/2016/TT-BLDTBXH dated December 28, 2016 of the Minister of Labor, War Invalids and Social Affairs prescribing Statutes of vocational intermediate schools as follows:

1. To amend Article 16 as follows:

 “Article 16. Administrative procedures for appointment of the headmaster of a state-owned vocational intermediate school

1. Documentation requirements and procedures for appointment of the headmaster of a state-owned vocational intermediate school shall be subject to existing regulations on public official affairs.

2. Authority to appoint the headmaster of a vocational intermediate school shall be subject to regulations laid down in point a of clause 4 of Article 14 in the Law on Vocational Education”.

2. To amend Clause 3 of Article 18 shall be amended as follows:

 “3. Request documentation requirements for discharge and dismissal of the headmaster of a state-owned vocational intermediate school shall be subject to regulations on public official affairs in force.

Request documentation shall be sent, whether directly or by post, to entities having appointing competences as prescribed in clause 4 of Article 14 in the Law on Vocational Education”.

3. To repeal Article 14 and clause 4 of Article 18.

4. The clause number 3 shall be changed to the clause number 4 in Article 48.

Article 3. Amending, supplementing and repealing certain contents of the Circular No. 46/2016/TT-BLDTBXH dated December 28, 2016 of the Minister of Labor, War Invalids and Social Affairs prescribing Statutes of colleges as follows:

1. To amend Article 16 as follows:

 “Article 16. Administrative procedures for appointment of the headmaster of a state-owned college

1. Documentation requirements and procedures for appointment of the headmaster of a state-owned college shall be subject to existing regulations on public official affairs.

2. Authority to appoint the headmaster of a state-owned college shall be subject to regulations laid down in point a of clause 4 of Article 14 in the Law on Vocational Education”.

2. To amend Clause 3 of Article 18 as follows:

 “3. Request documentation requirements for discharge and dismissal of the headmaster of a state-owned college shall be subject to regulations on public official affairs in force.

Request documentation shall be sent, whether directly or by post, to entities having appointing competences as prescribed in clause 4 of Article 14 in the Law on Vocational Education”.

3. To repeal Article 14 and clause 4 of Article 18.

4. To change the clause number 3 to the clause number 4 in Article 48.

Article 4. Amending and repealing certain contents of the Joint Circular No. 12/2016/TTLT-BLDTBXH-BGDDT-BTC dated June 16, 2016 of the Minister of Labor, War Invalids and Social Affairs, the Ministry of Education and Training and the Ministry of Finance providing instructions on boarding support policies stipulated in the Prime Minister’s Decision No. 53/2015/QD-TTg dated October 20, 2015 on boarding support policies for students of colleges and intermediate schools as follows:

1. Amending the Appendix II, III, IV and V to the Joint Circular on application forms for boarding support policies intended for students currently learning at state-owned vocational education institutions; application forms for boarding support policies intended for students currently learning at private or foreign-invested vocational education institutions; application forms for grant of certifications and boarding support policies intended for students currently learning at state-owned vocational education institutions; application forms for grant of certifications and boarding support policies intended for students currently learning at private or foreign-invested vocational education institutions(Appendix II, III, IV and V hereto).

2. Repealing point b of clause 2 of Article 4.

Article 5. Amending, supplementing and repealing certain contents of the Circular No. 57/2015/TT-BLDTBXH dated December 25, 2015 of the Minister of Labor, War Invalids and Social Affairs prescribing Statutes of vocational education centers as follows:

1. To amend Clause 1 of Article 10 as follows:

 “1. Procedures for appointment of the director of a state-owned vocational education center

a) Documentation requirements and procedures for appointment of the director of a state-owned vocational education center shall be subject to regulation on public official affairs in force.

b) Authority to appoint the headmaster of a state-owned vocational education center shall be subject to regulations laid down in point a of clause 4 of Article 13 in the Law on Vocational Education”.

2. To amend Point b of clause 3 of Article 10 as follows:

 “b) Request documentation requirements for discharge of the director of a state-owned vocational education institution shall be subject to regulations on public official affairs in force.

Request documentation shall be sent, whether directly or by post, to entities having appointing competences as prescribed in clause 4 of Article 13 in the Law on Vocational Education”.

3. To repeal the phrase “and not-for-profit private vocational education centers” in point b of clause 1 of Article 4.

4. To repeal Clause 2 of Article 4 and section 2 in Chapter II.

Article 6. Repealing the Circular No. 23/2013/TT-BLDTBXH dated October 16, 2013 of the Minister of Labor, War Invalids and Social Affairs providing instructions on certain articles regarding foreign cooperation and investment in the vocational education sector in the Government s Decree No. 73/2012/ND-CP dated September 26, 2012 on foreign cooperation and investment in the education field

Article 7. Amending the Circular No. 16/2014/TT-BLDTBXH dated July 30, 2014 of the Minister of Labor, War Invalids and Social Affairs providing instructions on certain contents of certification and implementation of preferential policies for persons rendering meritorious revolutionary services as provided in the Government’s Decree No. 31/2013/ND-CP dated April 9, 2013 elaborating and providing instructions on implementation of certain articles of the Ordinance on Preferential Treatment for persons rendering meritorious revolutionary services as follows:

To revise the title of Article 12 as follows: Application requirements and procedures for grant of lump-sum support policies to relatives of partisans awarded national medals and died before January 1, 1995 without obtaining preferential policies. 

Article 8. Amending and supplementing clause 4 of Section II in the Joint Circular No. 17/2007/TTLT-BLDTBXH-NHNNVN dated September 4, 2007 of the Minister of Labor, War Invalids and Social Affairs and the Governor of the State Bank of Vietnam, specifying the management and use of security deposits of enterprises and employees working abroad under contracts as follows:

 “4. Procedures and documentation requirements for clearing of escrow accounts

4.1. Within duration of 07 days of receipt of all valid documents, the Ministry of Labor, War Invalids and Social Affairs shall send the commercial bank where an enterprise leaves their deposit a written request for clearing of deposits in their escrow account. Request documentation for clearing of escrow accounts shall be comprised of the followings:

a) As regards enterprises that fail to meet eligibility requirements for licenses to send workers abroad, have to give back these licenses or are subject to withdrawal of these licenses, the following documents must be submitted:

- 01 original copy of the written request for clearing of escrow account, sent to the Ministry of Labor, War Invalids and Social Affairs;

- 01 original copy of the report on fulfillment of obligations to workers under contracts to send workers abroad;

- 01 copy of the certificate for full contributions to the Overseas Employment Support Fund.

b) As regards enterprises sending workers abroad in the form of internship for improvement of professional skills, the following documents must be submitted:

- 01 original copy of the written request for clearing of escrow account, submitted to the Ministry of Labor, War Invalids and Social Affairs (with respect to contracts to send workers abroad in the form of internship for improvement of professional skills with the minimum term of 90 days) or the Departments of Labor, War Invalids and Social Affairs of the localities where the requesting enterprises’ main offices are located (with respect to contracts to send workers abroad in the form of internship for improvement of professional skills with the maximum term of 90 days).

- 01 original copy of the report on fulfillment of obligations to workers under contracts to send workers abroad.

4.2. Commercial banks at localities where enterprises leave their deposits (hereinafter referred to as banks) shall have to repay deposits and clear escrow accounts of these enterprises after receipt of:

a) 01 original copy of the written notification stating the requesting enterprise does not meet eligibility requirements for the license to send workers abroad, issued by the Ministry of Labor, War Invalids and Social Affairs to the enterprise and the bank involved (if that enterprise fails to meet eligibility requirements for the license to send workers abroad);

b) 01 original copy of the written request for clearing escrow accounts issued by the Ministry of Labor, War Invalids and Social Affairs to the enterprise (if that enterprise fails to meet eligibility requirements for the license to send workers abroad; if that enterprise gives back or is subject to the withdrawal of the license to send workers abroad);

c) 01 original copy of the written request for clearing of escrow account of an enterprise, sent by the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs to the enterprise (if that enterprise sends workers abroad in the form of internship for improvement of professional skills).

Article 9. Amending, supplementing and repealing certain articles of the Circular 40/2016/TT-BLDTBXH dated October 25, 2016 of the Minister of Labor, War Invalids and Social Affairs, providing instructions on implementation of certain articles of the Government’s Decree No. 11/2016/ND-CP dated February 3, 2016, elaborating on implementation of the Labor Code on foreign workers in Vietnam as follows:

1. Deleting the phrase “revoking work permits and certifying that work permits have already been revoked” in Article 3.

2. Supplementing point e of clause 1 of Article 3 as follows:

 “e) Employer, referred to in point a of clause 2 of Article 2 in the Decree No. 11/2016/ND-CP, whose main office is located in a province or centrally-affiliated city, but whose representative offices and branches are located in another province or centrally-affiliated city".

3. Supplementing point dd of clause 2 of Article 3 as follows:

 “dd) Employer, referred to in point a of clause 2 of Article 2 in the Decree No. 11/2016/ND-CP, whose main office is located in a province or centrally-affiliated city, but whose representative offices and branches are located in another province or centrally-affiliated city".

4. Adding clause 3 to Article 3 as follows:

 “3. Employers, referred to in point a of clause 2 of Article 2 in the Decree No. 11/2016/ND-CP, whose main offices are located in provinces or centrally-affiliated cities, but whose representative offices and branches are located in other provinces or centrally-affiliated cities, must consistently implement regulatory procedures, such as making explanatory reports on their demands for use of overseas workers; issue and reissue of work permits; certification of ineligibility for grant of work permits at the Departments of Labor, War Invalids and Social Affairs or the Ministry of Labor, War Invalids and Social Affairs”.

5. Amending and supplementing clause 1 of Article 4 as follows:

 “1. At least 30 days before the proposed date of hiring of foreign workers, employers (except contractors) must send their explanatory reports on demands for use of foreign workers by using the Form No. 1 in this Circular to the Ministry of Labor, War Invalids and Social Affairs or provincial-level People’s Committees (hereinafter referred to as approving entities).

In case there is any change in demands for foreign workers, employers must send their explanatory reports on such change by using the Form No. 2 in this Circular to approving entities for at least 30 days before the intended date of hiring of foreign workers”.

6. Revising the title of Chapter II as follows:

 “Chapter II. Issue and reissue of work permits”.

7. Repealing clause 2 of Article 7.

8. Amending and supplementing Article 12 as follows:

 “Article 12. Notice of expired work permits

In case where a work permit expires as provided in clause 3 of Article 174 in the Labor Code, the regulatory authority having competence in issuing work permits shall inform the employer in writing of expiry of that work permit in accordance with regulations in force".

9. Amending and supplementing the Form No. 1 and No. 2 stipulated in clause 1 of Article 4; the Form No. 3 stipulated in clause 2 of Article 4; the Form No. 9 stipulated in clause 2 of Article 10; the Form No. 12 stipulated in clause 2 of Article 11 and the Form No. 15 stipulated in clause 2 of Article 13, all of which are annexed to the Circular No. 40/2016/TT-BLDTBXH dated October 25, 2016 of the Minister of Labor, War Invalids and Social Affairs, providing instructions on certain articles of the Decree No. 11/2016/ND-CP(the Form attached hereto). 

Article 10. Transitional provisions

Request documentation for administrative processing of submissions already received but not yet processed prior to the entry into force of this Circular shall be subject to administrative procedures prescribed herein.

Article 11. Effect

1. This Circular takes effect on December 18, 2018.

2. In the course of implementation hereof, if there is any difficulty that arises, the Ministry of Labor, War Invalids and Social Affairs should be promptly informed to consider any possible revision./.

For the Minister

Deputy Minister

Le Quan

Form No.05

 (Annexed to the Circular No. 26/2012/TT-BLDTBXH dated November 12, 2018 of the Minister of Labor, War Invalids and Social Affairs)

DECISION

Documentation requirements for recognition of the business hiring at least 30% of disabled employees on the payroll

DIRECTOR OF DEPARMENT OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to the Law on Disabled Persons;

Pursuant to the Government s Decree No. 28/ND-CP dated April 10, 2012 elaborating and providing guidance on certain articles of the Law on Disabled Persons;

Pursuant to the Circular No…/2018/TT-BLDTBXH dated (dd/mm/2018)… of the Minister of Labor, War Invalids and Social Affairs on amendments and supplements to certain articles of the Circular related to administrative procedures within the competence of Ministry of Labor, War Invalids and Social Affairs;

After considering the application documentation submitted by………………and the request from the Head of Social Protection Division,

HEREBY DECIDES

Article 1.Awarding recognition that……………………, address:……………., is the business using at least 30% of disabled employees on their payroll(total number of employees on the payroll is …persons, including ...............disabled persons making up for ...%); is entitled to the State’s preferential policies as prescribed in clause 1 of Article 9 in the Government’s Decree No. 28/ND-CP dated April 10, 2012, elaborating and providing instructions on implementation of certain articles of the Law on Disabled Persons.

Article 2.………………………………………shall assume the following responsibilities:

- Doing business under the Business License No. …………issued (for the…time) by………on (dd/mm/2018)……. and its Statutes already in effect.

- Frequently hiring more than 30% of disabled employees on the payroll and guaranteeing stable income to them (if the business does not hire at least 30% of disabled employees on the payroll, it must promptly report and give back this decision to the Department of Labor, War Invalids and Social Affairs).

- Annually, sending a report on its business results to the Department of Labor, War Invalids and Social Affairs (via Social Protection Division), address:..........., commune (ward)......, district……, province (city)………

Article 3.This Decision shall take effect on (dd/mm/20…)…….

Article 4.Head of Social Protection Division, Head of Division of Labor, War Invalids and Social Affairs in the district…, Director of the applicant business......and other entities concerned shall be responsible for compliance to this Decision./.

Appendix II

 (To the Joint Circular No. 12/2016/TTLT-BLDTBXH-BGDDT-BTC dated June 16, 2016 of Minister of Labor, War Invalids and Social Affairs, Minister of Education and Training and Minister of Finance)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

APPLICATION FORM FOR BOARDING SUPPORT POLICY

(Intended for students of state-owned vocational education institutions)

To: State-owned vocational education institution

Full name:...............................................................................................................

Class:…………… Course No.:…………… Faculty:............................................

Student ID number:.................................................................................................

Classified as the policy beneficiary:(specifying the policy beneficiary stated in Article 2 in the Prime Minister’s Decision No. 53/2015/QD-TTg dated October 20, 2015 on boarding support policies for students taking postsecondary and intermediate education programs).

After carefully reading the Prime Minister’s Decision No. 53/2015/QD-TTg dated October 20, 2015, I am writing to request the school to consider offering the prescribed boarding support policy to me.

Appendix III

 (To the Joint Circular No. 12/2016/TTLT-BLDTBXH-BGDDT-BTC dated June 16, 2016 of Minister of Labor, War Invalids and Social Affairs, Minister of Education and Training and Minister of Finance)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

APPLICATION FORM FOR BOARDING SUPPORT POLICY

(Intended for students learning at private vocational education institutions or foreign-invested vocational education institutions)

Full name:...................................................................................................................

Class:…………… Course No.:…………… Faculty:................................................

Full name of parents of the applicant student:...........................................................

Student ID number:....................................................................................................

Classified as the policy beneficiary:(specifying the policy beneficiary stated in Article 2 in the Prime Minister’s Decision No. 53/2015/QD-TTg dated October 20, 2015 on boarding support policies for students taking postsecondary and intermediate education programs).

After carefully reading the Prime Minister’s Decision No. 53/2015/QD-TTg dated October 20, 2015, I am writing to request the school to certify me as your student and the Division of Labor, War Invalids and Social Affairs to consider offering me the prescribed boarding support policy.

Attestation of the private vocational education institution or the foreign-invested vocational education institution

Vocational education institution:……………………………………………………

Certifies that Mr./Mrs.:………………………………………………………………

Is currently a……-year student Semester:……….. Academic year:………class:……….faculty:………course:.............course duration:…….. (year) training system:………..of the school.

Disciplinary action:…………………. (clarifying the level of disciplinary action, if any).

Number of modules or credits in the entire course(with respect to module or credit-based training programs):…………, of which the number of modules or credits in each academic year isas follows:

- Number of modules or credits in the first 6 months of the First academic year:……………

- Number of modules or credits in the second 6 months of the First academic year:……………

- Number of modules or credits in the first 6 months of the Second academic year:……………

- Number of modules or credits in the second 6 months of the Second academic year:……………

- Number of modules or credits in the first 6 months of the Third academic year:……………

- Number of modules or credits in the second 6 months of the Third academic year:……………

This attestation is to request the Division of Labor, War Invalids and Social Affairs to consider granting the boarding support policy to Mr./Mrs.……………in accordance with regulations.

Appendix IV

 (To the Joint Circular No. 12/2016/TTLT-BLDTBXH-BGDDT-BTC dated June 16, 2016 of Minister of Labor, War Invalids and Social Affairs, Minister of Education and Training and Minister of Finance)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

APPLICATION FORM FOR CERTIFICATION AND GRANT OF ALLOWANCE

(Intended for students of state-owned vocational education institutions)

Full name:..................................................................................................................

Class:…………… Course No.:…………… Faculty:...............................................

Student ID number:....................................................................................................

I am writing to request the Student Affair Department (or Training Affair Department) to certify that I can“stay at school during Lunar New Year’s holidays in …”so that the school will grant the allowance for my stay at school during Lunar New Year’s holidays in …under the Prime Minister’s Decision No. 53/2015/QD-TTg dated October 20, 2015 on boarding support policies for students taking postsecondary and intermediate education programs   for the following reasons^[1]:...............................................................................................................................................................................................................................................................................................................................................................................................

Appendix V

 (To the Joint Circular No. 12/2016/TTLT-BLDTBXH-BGDDT-BTC dated June 16, 2016 of Minister of Labor, War Invalids and Social Affairs, Minister of Education and Training and Minister of Finance)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

APPLICATION FORM FOR CERTIFICATION AND GRANT OF ALLOWANCE

(Intended for students learning at private vocational education institutions or foreign-invested vocational education institutions)

Full name:....................................................................................................................

Class:…………… Course No.:…………… Faculty:.................................................

Student ID number:....................................................................................................

In order to apply fortheallowance for stay at school during Lunar New Year’s holidays in …under the Prime Minister’s Decision No. 53/2015/QD-TTg dated October 20, 2015 on boarding support policies for students taking postsecondary and intermediate education programs, I am writing to request the school to certify that I am classified as the policy beneficiary(clearly stating the policy beneficiary specified in Article 2 of the Prime Minister’s Decision No. 53/2015/QD-TTg dated October 20, 2015 on boarding support policies for students taking postsecondary and intermediate education programs)and can“stay at school during Lunar New Year’s holidays in…” for the following reasons^[2]:..........................................................................................................................................................................................................................................................

Form No. 1:Annexed to the Circular No. 40/2016/TT-BLDTBXH dated October 25, 2016 of the Minister of Labor, War Invalids and Social Affairs, providing instructions on implementation of certain articles of the Decree No. 11/2016/ND-CP.

To:................................................................ (1)

Enterprise/organization’s particulars: enterprise/organization’s name, business type, total number of employees on the payroll and number of foreign workers, address, telephone number, fax, email, website, business license, scope of business/operation, contact information of the signatory of this letter (telephone number and email address)

The explanatory report on demands for foreign workers includes the followings:

1. Job position 1:(Choose one of the following four job positions: manager/executive officer/expert/technical worker).

- Job title:(this section is intended for the reporting enterprise/organization. For example, accountant or construction superintendent, etc.)

- Number of workers(persons):

- Employment period from(dd/mm/yyyy)to(dd/mm/yyyy):

-(Proposed)workplace:

- Reasons for hiring of foreign workers(overview of efficiency in utilization of foreign workers (if any), requirements concerning qualification and experience of foreigners, reasons for failure to recruit a Vietnamese worker to the post intended to be occupied by a foreign worker, etc.):

2. Job position 2:(if any) (Choose one of the following four job positions: manager/executive officer/expert/technical worker).

- Job title:(this section is intended for the reporting enterprise/organization. For example, accountant or construction superintendent, etc.)

- Number of workers (persons):

- Employment period from(dd/mm/yyyy)to(dd/mm/yyyy):

- Reasons for hiring of foreign workers(overview of efficiency in utilization of foreign workers (if any), requirements concerning qualification and experience of foreigners, reasons for failure to recruit a Vietnamese worker to the post intended to be occupied by a foreign worker, etc.):

3. Job position... (if any)

This is to request... (2) to verify and consider accepting this explanatory report.

Best regards!

Notes:(1)(2) Employment Department (Ministry of Labor, War Invalids and Social Affairs)/People’s Committee of the city or province...

Form No. 2:Annexed to the Circular No. 40/2016/TT-BLDTBXH dated October 25, 2016 of the Minister of Labor, War Invalids and Social Affairs, providing instructions on implementation of certain articles of the Decree No. 11/2016/ND-CP.

To:................................................................ (1)

Pursuant to the written document No……(dd/mm/yyyy)of……(2) on the notification of approval of job positions occupied by foreign workers and actual demands of(enterprise/organization’s name).

Enterprise/organization’s particulars: enterprise/organization’s name, business type, total number of employees on the payroll and number of foreign workers, address, telephone number, fax, email, website, business license, scope of business/operation, contact information of the signatory of this letter (telephone number and email address)

The explanatory report on demands for foreign workers includes the followings:

1. Job position(manager/executive officer/expert/technical worker),number of workers(persons),job title, employment period from(dd/mm/yyyy)to(dd/mm/yyyy), and approved workplace: ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

2. Job position(manager/executive officer/expert/technical worker), number of workers(persons), job title, employment period from(dd/mm/yyyy)to(dd/mm/yyyy), and preexisting workplace(if any:………………………………………………………………………………………………………………………………………………………………………………………………………………………

3. Job position(manager/executive officer/expert/technical worker),number of workers(persons),job title,in utilization of foreign workers (if any), requirements concerning qualification and experience of foreigners, reasons for failure to recruit a Vietnamese worker to the post intended for foreign workers, etc.):employment period from(dd/mm/yyyy)to(dd/mm/yyyy), workplace, reasons for foreign workers(stating demands for changes to be made, current efficiency

This is to request... (3) to verify and consider accepting this explanatory report.

Best regards!

Notes:(1)(2)(3) Employment Department (Ministry of Labor, War Invalids and Social Affairs)/People’s Committee of the city or province...

Form No. 3:Annexed to the Circular No. 40/2016/TT-BLDTBXH dated October 25, 2016 of the Minister of Labor, War Invalids and Social Affairs, providing instructions on implementation of certain articles of the Decree No. 11/2016/ND-CP.

To:(Enterprise/organization’s name)

Pursuant to the request made in the written document No.............(dd/mm/yyyy)of(Enterprise/organization’s name)and the consent of the People’s Committee of the city/province………….(if any),… (2) hereby informs job positions(enterprise/organization’s name)that may be occupied by foreign workers as follows:

I. APPROVED JOB POSITIONS

1. Job position(manager/executive officer/expert/technical worker); job title; number of workers(persons); employment period from(dd/mm/yyyy)to(dd/mm/yyyy), workplace.

2. Job position(if any) (manager/executive officer/expert/technical worker); job title; number of workers; employment period from(dd/mm/yyyy)to(dd/mm/yyyy), workplace.

II. I. DISAPPROVED JOB POSITIONS

1. Job position(manager/executive officer/expert/technical worker); job title; number of workers(persons):…………………………………………………………

Reasons:…………………………………………………………………………..

2. Job position(if any) (manager/executive officer/expert/technical worker); job title; number of workers(persons):…………………………………………………………

Reasons:…………………………………………………………………………..

(Enterprise/organization’s name)is responsible for complying with laws on foreign workers in Vietnam./.

Notes: -(1)(2) Employment Department (Ministry of Labor, War Invalids and Social Affairs)/People’s Committee of the city or province...

- (3) Department’s Director/People’s Committee of the province.

Form No. 9:Annexed to the Circular No. 40/2016/TT-BLDTBXH dated October 25, 2016 of the Minister of Labor, War Invalids and Social Affairs, providing instructions on implementation of certain articles of the Decree No. 11/2016/ND-CP.

To:........................................................(1)

1. Enterprise/organization s name:…………………………………………………………….

2. Business type(domestic business/foreign-invested business/entity, organization/contractor).........................................................................

3. Total number of employees on the payroll:.................................................persons

Out of which the number of foreign workers is..............................persons

4. Address: …………………………………………………………………………………

5. Telephone:………………………………6. Email(if any): …………..............

7. Business (operational) license No.:.......................................................................

Issuing entity:........................................................ Valid until (date):....................................

Scope of business (operation) No.:......................................................................................

8. Contact information about the person signing on this application (where necessary) (telephone number and email address):

..............................................................................................................................................

Pursuant to the written document No....(dd/mm/yyyy)of ...... regarding approval of hiring of foreign workers,(enterprise/organization’s name)hereby requests ...... (2) to certify that the following foreign workers are eligible for work permits:

9. Full name:………………….…………………………………………………………..

10. Birth date (dd/mm/yyyy):……………......... 11. Sex (Male/Female):………………..

12. Nationality:……………………… 13. Passport No.:........................................................

14. Issuing entity:.................................... 15. Valid until (date):......................................

16. Job position:…………………………………………………………..

17. Job title:………………………………………………………………………………………

18. Professional qualification (skills) level (if any):................................................................

19. Working for the enterprise/organization:.........................................................................

20. Workplace:.................................…………………………………………………………..

21. Employment period: From(dd/mm/yyyy).........................to(dd/mm/yyyy).....................

22. If a foreign worker does not meet regulatory requirements for work permits(clearly stating that such foreign worker is classified as one of the policy beneficiaries referred to in Article 7 in the Decree No. 11/2016/ND-CP dated February 3, 2016):

....................................................................................................................................

....................................................................................................................................

23. Attached evidencing documents(listing out documents):

......................................................................................................................................

Best regards!

Notes:(1)(2) Employment Department (Ministry of Labor, War Invalids and Social Affairs)/Department of Labor, War Invalids and Social Affairs of the city or province...

Form No. 12:Annexed to the Circular No. 40/2016/TT-BLDTBXH dated October 25, 2016 of the Minister of Labor, War Invalids and Social Affairs, providing instructions on implementation of certain articles of the Decree No. 11/2016/ND-CP.

CERTIFICATION OF EXEMPTION FROM WORK PERMIT

No:

1.Full name (in capital letters)  :                                     Sex:               Male     Female

3.Date of birth (day/month/year):

4.Nationality:                                                                Passport number:

5.Working at enterprise/organization:

6 .Working place:

7.Job assignment:

8.Job title:

9.Period of work            from (day/month/year)       to (day/month/year)

Reasons for exempted work permit

Notes: -(1) Employment Department, Ministry of Labour, Invalids and Social Affairs/ Department of Labour, Invalids and Social Affairs

- (2) Department s Head/Director.

Form No. 15:Annexed to the Circular No. 40/2016/TT-BLDTBXH dated October 25, 2016 of the Minister of Labor, War Invalids and Social Affairs, providing instructions on implementation of certain articles of the Decree No. 11/2016/ND-CP.

ASSESSMENT OF HIRING OF FOREIGN WORKERS IN QUARTER……/FIRST 6 MONTHS OF THE YEAR……/YEAR……

To: Ministry of Labor, War Invalids and Social Affairs (Employment Department)

Upon implementing the Circular No. 40/2016/TT-BLDTBXH dated October 25, 2016 of the Minister of Labor, War Invalids and Social Affairs, providing instructions on implementation of certain articles of the Government’s Decree No. 11/2016/ND-CP dated February 3, 2016, elaborating on implementation of certain articles of the Labor Code on foreign workers in Vietnam, the Department of Labor, War Invalids and Social Affairs hereby makes an assessment of foreign workers in the quarter..../first 6 months of the year..../year……as follows:

I. GENERAL OVERVIEW OF HIRING OF FOREIGN WORKERS

1. Assessment of approval of demands for hiring of foreign workers(clearly stating number of foreign workers and job positions already approved for recruitment of foreign workers at entities, enterprises, organizations and contractors)

2. Assessment of grant of work permits(clearly assessing grant of work permits at entities, enterprises, organizations and contractors)

3. Assessment of management of foreign workers within localities (achievements, causes, unsolved issues and difficulties)(enclosing the general review report on foreign workers in the quarter……/first 6 months of the year....../year……).

II. SOLUTIONS AND RECOMMENDATIONS

1. Solutions to managing foreign workers.

2. Recommendations

ASSESSMENT OF HIRING OF FOREIGN WORKERS IN QUARTER……/FIRST 6 MONTHS OF THE YEAR……/YEAR......

Annexed to the report no.:...(dd/mm/yyyy)

Unit: Person

[1]Clearly stating objective reasons related to the applicant’s study, internship or health-related reasons that may support his/her request for stay at school during Lunar New Year’s holidays.

[2]Clearly stating objective reasons related to the applicant’s study, internship or health-related reasons that may support his/her request for stay at school during Lunar New Year’s holidays.