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

THE GOVERNMENT

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

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 18, 2012 Labor Code;

At the proposal of the Minister of Labor, War Invalids and Social Affairs;

The Government promulgates the Decree detailing a number of articles of the Labor Code regarding foreigners working in Vietnam,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles of the Labor Code regarding the grant of work permits to foreign citizens who work in Vietnam, and the expulsion of foreign citizens who work in Vietnam without a work permit.

Article 2. Subjects of application

1. Foreign citizens who work in Vietnam (below referred to as foreign workers) in one of the following forms:

a/ Performing labor contracts;

b/ Intra-corporate transfer;

c/ Performing contracts or implementing agreements on business, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training or health;

d/ Providing contractual services;

dd/ Offering services;

e/ Working for foreign non-governmental organizations or international organizations in Vietnam that are licensed to operate in accordance with Vietnamese law;

g/ Working as volunteers;

h/ Taking charge of establishing commercial presence;

i/ Managers, executives, specialists and technical workers;

k/ Participating in the performance of bid packages and projects in Vietnam.

2. Employers of foreign workers, including:

a/ Enterprises operating in accordance with the Law on Enterprises, the Law on Investment, or treaties to which the Socialist Republic of Vietnam is a contracting party;

b/ Foreign or Vietnamese contractors (contractors and subcontractors) participating in bidding or performing contracts;

c/ Representative offices and branches of enterprises, agencies, organizations and contractors established under licenses of competent agencies;

d/ State agencies;

dd/ Political organizations, socio-political organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, foreign non-government organizations and international organizations in Vietnam;

e/ Lawfully established non-business organizations;

g/ Vietnam-based offices of foreign projects or international organizations;

h/ Vietnam-based executive offices of foreign parties to business cooperation contracts;

i/ Organizations practicing law in Vietnam in accordance with law;

k/ Cooperatives and cooperative unions established and operating in accordance with the Law on Cooperatives;

l/ Lawfully established business associations and unions of business associations;

 m/ Business households and individuals permitted to do business in accordance with law.