Circular No. 24/2015/TT-BLDTBXH dated July 13, 2015 of the Ministry of Labor, War Invalids and Social Affairs prescribing specific provisions on the implementation of the clause 6, Article 14 of the Decree No. 87/2014/ND-CP dated September 22, 2014 of the Government on attraction of scientists and technologists who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam

CIRCULAR

Detailing Clause 6, Article 14 of the Government’s Decree No. 87/2014/ND-CP of September 22, 2014, on attraction of scientists and technologists who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam[1]

Pursuant to the Government’s Decree No. 106/2012/ND-CP of December 20, 2012, 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. 87/2014/ND-CP of September 22, 2014, on attraction of scientists and technologists who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam;

Pursuant to the Government’s Decree No. 102/2013/ND-CP of September 5, 2013, detailing a number of articles of the Labor Code regarding foreign workers in Vietnam;

At the proposal of the Director of the Employment Department;

The Minister of Labor, War Invalids and Social Affairs promulgates the Circular detailing Clause 6, Article 14 of the Government’s Decree No. 87/2014/ND-CP of September 22, 2014, on attraction of scientists and technologists who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam (below referred to as Decree No. 87/2014/ND-CP).

Article 1. Scope of regulation

This Circular provides the fast-track order and procedures for grant of work permits for overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam under Clause 6, Article 14 of Decree No. 87/2014/ND-CP.

Article 2. Subjects of application

1. Overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam (below collectively referred to as scientific and technological experts).

2. Agencies or organizations where scientific and technological experts defined in Clause 1 of this Article work (below referred to as agencies or organizations).

3. Overseas Vietnamese who participate in scientific and technological activities in Vietnam and enter Vietnam with Vietnamese passports are not governed by this Circular.

Article 3. Work permits

1. Work permits shall be printed by the Employment Department (the Ministry of Labor, War Invalids and Social Affairs) for unified application.

2. A work permit shall be made according to form No. 1 issued together with this Circular.

Article 4. Dossier of application for a work permit

1. An application for a work permit, made according to form No. 2 issued together with this Circular by an agency or organization defined in Clause 2, Article 2 of this Circular, to be sent to the Employment Department (the Ministry of Labor, War Invalids and Social Affairs).

2. The written approval of the employment of a scientific and technological expert, issued by a competent agency defined in Article 11 or 12 of Decree No. 87/2014/ND-CP, or the Prime Minister’s written permission for the employment of a scientific and technological expert as prescribed in Clause 2, Article 3 of Decree No. 87/2014/ND-CP.

3. A certified copy of the passport or passport substitute or valid international travel document as prescribed by law.

4. Two color photos (3cm x 4cm, white background, frontal view, bareheaded, without glasses) taken within 6 months by the date of dossier submission.

Article 5. Sequence of granting a work permit

1. At least 10 working days before the date a scientific and technological expert is expected to start working in Vietnam, the agency or organization shall submit a dossier of application for a work permit directly or by post or by email via http://www.vieclamvietnam.gov.vn to the Employment Department (the Ministry of Labor, War Invalids and Social Affairs).

2. Within 3 working days after receiving a complete dossier, the Employment Department (the Ministry of Labor, War Invalids and Social Affairs) shall grant a work permit to the scientific and technological expert. In case of refusal, it shall issue a written reply, clearly stating the reason, made according to form No. 3 issued together with this Circular.

 Article 6. Validity duration of a work permit

The validity duration of a work permit is that requested by the agency or organization and must comply with the competent agency’s written approval or the Prime Minster’s written permission for the employment of a scientific and technological expert as prescribed in Clause 2, Article 4 of this Circular, but must not exceed 2 years.

Article 7. Cases of re-granting a work permit

1. The work permit is lost or damaged, or has its contents changed, except the change of the agency or organization.

2. The work permit expires.

Article 8. Dossier of application for re-grant of a work permit

1. An application for re-grant of a work permit, made according to form No. 2 issued together with this Circular.

2. The granted work permit.

a/ In case the work permit is lost, the written certification of a Vietnamese commune-level public security agency or foreign police office is required.

b/ In case of change of contents in the work permit as prescribed in Clause 1, Article 7 of this Circular, papers proving such change are required.

3. Two color photos (3cm x 4cm, white background, frontal view, bareheaded, without glasses) taken within 6 months by the date of dossier submission.

The papers mentioned in Clause 2 of this Article are copies accompanied by their originals for comparison or certified copies of the originals. The papers that are made in a foreign language shall be consularly legalized and translated into Vietnamese with the translator’s signature certified in accordance with Vietnamese law.

Article 9. Sequence of re-granting a work permit

1. For the case specified in Clause 2, Article 7 of this Circular, within 60 days before the date the work permit expires, the agency or organization shall submit a dossier of application for re-grant of a work permit directly or by post or by email via http://vieclamvietnam.gov.vn to the Employment Department (the Ministry of Labor, War Invalids and Social Affairs).

2. Within 3 working days after receiving a complete dossier, the Employment Department (the Ministry of Labor, War Invalids and Social Affairs) shall re-grant a work permit. In case of refusal, it shall issue a written reply, clearly stating the reason, made according to form No. 3 issued together with this Circular.

Article 10. Validity duration of a re-granted work permit

1. The validity duration of a work permit re-granted in the case specified in Clause 1, Article 7 of this Circular equals the validity duration of the granted work permit minus the period during which the scientific and technological expert has worked by the date of application for permit re-grant.

2. The validity duration of the work permit re-granted in the case specified in Clause 2, Article 7 of this Circular is that requested by the agency or organization and must comply with the competent agency’s written approval or the Prime Minster’s written permission for the employment of a scientific and technological expert as prescribed in Clause 2, Article 4 of this Circular, but must not exceed 2 years.

Article 11. Receipt of a granted or re-granted work permit

1. The agency or organization shall receive a granted or re-granted work permit at the head office of the Employment Department (the Ministry of Labor, War Invalids and Social Affairs) or at the address stated in the application for grant or re-grant of a work permit.

2. In case the agency or organization submits a dossier of application for a work permit under Article 4 of this Circular or a dossier of application for re-grant of a work permit under Article 8 of this Circular by email via http://www.vieclamvietnam.gov.vn, it shall submit the dossier directly or by post to the Employment Department (the Ministry of Labor, War Invalids and Social Affairs) before receiving a work permit.

Article 12. Cases of exemption from a work permit

1. Scientific and technological experts who enter Vietnam to work for less than 30 days are exempt from a work permit.

2. For the case specified in Clause 1 of this Article, 10 working days before the date a scientific and technological expert is expected to start working in Vietnam, the agency or organization shall send a report, made according to form No. 4 issued together with this Circular, to the Employment Department (the Ministry of Labor, War Invalids and Social Affairs).

Article 13. Cases of invalidation of a work permit

1. The work permit expires.

2. The contract or agreement between the agency or organization and the scientific and technological expert expires or is terminated.

3. The contents of the labor contract are inconsistent with those of the granted work permit.

4. The competent agency’s written approval or the Prime Minister’s written permission prescribed in Clause 2, Article 4 of this Circular expires.

5. The foreign partner sends a written notice no longer assigning the scientific and technological expert to work in Vietnam.

6. The Vietnamese enterprise, organization or partner or Vietnam-based foreign non-governmental organization terminates its operation.

7. The scientific and technological expert is imprisoned, dead or declared as missing by the court.

Article 14. Revocation of a work permit

1. The work permit is invalidated under Article 13 of this Circular.

2. Due to the failure by the agency, organization or scientific and technological expert to comply with this Circular.

3. Sequence of revoking a work permit:

a/ For the case specified in Clause 1 of this Article, the agency or organization shall revoke the work permit of the scientific and technological expert for submission to the Employment Department (the Ministry of Labor, War Invalids and Social Affairs);

b/ For the case specified in Clause 2 of this Article, the Director or the Employment Department (the Ministry of Labor, War Invalids and Social Affairs) shall issue a revocation decision and notify such to the agency or organization for revoking the work permit for submission to the Employment Department (the Ministry of Labor, War Invalids and Social Affairs).

Article 15. Implementation responsibility

1. Responsibilities of the Employment Department (the Ministry of Labor, War Invalids and Social Affairs):

a/ To publicize and disseminate this Circular and relevant provisions of Vietnamese labor law to agencies, organizations and scientific and technological experts;

b/ To receive dossiers, and grant and re-grant work permits to scientific and technological experts in accordance with this Circular;

c/ To archive dossiers for grant or re-grant of work permits in accordance with law;

d/ To examine the implementation of the law on recruitment and management of scientific and technological experts by agencies or organizations;

dd/ To revoke the work permits submitted by agencies or organizations.

2. Responsibilities of agencies or organizations:

a/ To comply with Vietnamese laws related to scientific and technological experts;

b/ To make dossiers and carry out procedures for grant or re-grant of work permits for scientific and technological experts; to report on cases in which scientific and technological experts are exempted from work permit;

c/ To manage dossiers and regularly update and add papers related to scientific and technological experts working in the agencies or organizations;

d/ Within 10 days after a work permit is invalidated under Article 13 of this Circular, to make a list of scientific and technological experts, submit it together with the revoked work permits to the Employment Department (the Ministry of Labor, War Invalids and Social Affairs). Such list must indicate the full name; date of birth; nationality; serial number of passport or passport substitute or international travel document; serial number of work permit, date of the granted or re-granted work permit, and reason for invalidation of each work permit.

dd/ To manage scientific and technological experts working in the agencies or organizations.

3. Responsibilities of scientific and technological experts:

a/ To study Vietnamese laws on foreign workers in Vietnam, prepare papers required in a dossier of application of grant or re-grant of a work permit;

b/ To strictly observe regulations on recruitment and management of scientific and technological experts working in Vietnam and other relevant regulations;

c/ To return invalidated work permits to the agencies or organizations.

Article 16. Effect

1. This Circular takes effect on October 1, 2015.

2. Scientific and technological experts who have been granted work permits under the Government’s Decree No. 102/2013/ND-CP of September 5, 2013, detailing a number of articles of the Labor Code regarding foreign workers in Vietnam, while such permits remain valid, may continue using the permits until their expiration without applying for a new work permit.

In case the work permit expires, but the scientific and technological expert wishes to continue working, the agency or organization shall make a dossier of application for a work permit under Article 4 of this Circular.

3. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs for promptly guidance and supplementation.-

For the Minister of Labor, War Invalids and Social Affairs
Deputy Minister
NGUYEN THANH HOA

* All forms issued together with this Circular are not translated.