Decree No. 11/2016/ND-CP dated February 03, 2016 of the Government detailing the Regulations on the implementation of a number of Articles of the Labor Code regarding foreign workers in Vietnam

DECREE

Detailing a number of articles of the Labor Code regarding foreign workers in Vietnam[1]

Pursuant to the June 19, 2015 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 foreign workers in Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details the implementation 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 the following forms:

a/ Performing labor contracts;

b/ Being intra-corporate transferees;

c/ Implementing contracts or agreements on business, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education, 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/ Working as managers, executives, specialists or technical workers;

k/ Participating in the performance of bidding 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 domestic contractors participating in bidding or performing contracts;

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

d/ State agencies, political organizations, socio-political organizations, socio-politico-professional organizations, social organizations, or socio-professional organizations;

dd/ Foreign non-governmental organizations or international organizations in Vietnam;

e/ Lawfully established non-business organizations;

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

h/ Lawfully registered executive offices of foreign investors to business cooperation contracts or of foreign contractors;

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

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

l/ Lawfully established business societies and associations;

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

Article 3. Foreign intra-corporate transferees, volunteers, specialists, managers, executives and technical workers

1. Foreign intra-corporate transferee means a manager, an executive, a specialist or a technical worker of a foreign enterprise that has established a commercial presence in Vietnam’s territory, who is temporarily transferred within the same enterprise to a commercial presence in Vietnam’s territory and was recruited by the foreign enterprise at least 12 months ago.

2. Volunteer means an unpaid foreign worker who voluntarily works in Vietnam to implement a treaty to which the Socialist Republic of Vietnam is a contracting party.

3. Specialist means a foreign worker who falls into either of the following cases:

a/ Possessing a written certification to be a specialist of an agency, organization or enterprise in a foreign country;

b/ Possessing a university or equivalent or higher degree and at least 3 years’ working experience in his/her trained discipline relevant to his/her expected working position in Vietnam. Special cases shall be considered and decided by the Prime Minister.

4. Manager or executive means a foreign worker who falls into either of the following cases:

a/ Manager means a person who manages an enterprise as defined in Clause 18, Article 4 of the Law on Enterprises or who is the head or a deputy head of an agency or organization;

b/ Executive means the head of a unit attached to an agency, organization or enterprise who directly manages this unit.

5. Technical worker means a person who has been trained in a technical or another discipline for at least 1 year and has at least 3 years’ working experience in his/her trained discipline.

Chapter II

GRANT OF WORK PERMITS, RE-GRANT OF WORK PERMITS, EXPULSION OF FOREIGN WORKERS WITHOUT A WORK PERMIT

Section 1

IDENTIFICATION OF WORKING POSITIONS FOR WHICH EMPLOYMENT OF FOREIGN WORKERS IS PERMITTED

Article 4. Employment of foreign workers

1. Determination of the demand for foreign workers

a/ Employers (except contractors) shall determine their demand for foreign workers for every working position which Vietnamese are unable to hold, and send reports thereon to chairpersons of People’s Committees of provinces or centrally run cities (below referred to as provincial-level People’s Committees) where foreign workers are expected to work. In the course of implementation, employers shall report any change in their demand for foreign workers to chairpersons of provincial-level People’s Committees;

b/ For the cases specified in Clauses 4, 5 and 8, Article 172 of the Labor Code and at Points e and h, Clause 2, Article 7 of this Decree, employers are not required to determine their demand for foreign workers.

2. The chairperson of the provincial-level People’s Committee shall issue a written approval of the employer’s employment of foreign workers in each working position.

Article 5. Contractors’ employment of foreign workers

1. Before recruiting foreign workers, a contractor shall declare the number, professional qualifications and capacity and experience of foreign workers to be employed to perform a bidding package in Vietnam and send a written request for recruitment of Vietnamese workers in the working positions expected to be held by foreign workers (enclosed with the project owner’s certification) to the chairperson of the provincial-level People’s Committee of the locality where the contractor performs the bidding package.

When the contractor wishes to change or increase the number of workers already declared, the project owner shall certify the plan on change or increase of the number of workers to be employed by the foreign contractor.

2. The chairperson of the provincial-level People’s Committee shall direct local agencies and organizations to introduce and supply Vietnamese workers for the contractor. If no Vietnamese worker is introduced or supplied for the contractor within 2 months from the date of receiving a request for recruitment of 500 Vietnamese workers or more, or within 1 month from the date of receiving a request for recruitment of fewer than 500 Vietnamese workers, the chairperson of the provincial-level People’s Committee shall consider and permit the contractor to recruit foreign workers for the working positions for which no Vietnamese worker can be recruited.

3. The project owner shall supervise and request the contractor to comply with the declared contents on employment of Vietnamese and foreign workers; guide, urge and examine the contractor in complying with the regulations on recruitment and employment of foreign workers in accordance with law; monitor and ensure that foreign workers comply with Vietnamese law; and send quarterly reports to the provincial-level Department of Labor, War Invalids and Social Affairs on the contractor’s recruitment, employment and management of foreign workers according to regulations of the Ministry of Labor, War Invalids and Social Affairs.

4. Quarterly, the provincial-level Department of Labor, War Invalids and Social Affairs shall coordinate with the public security agency and other related agencies in examining the compliance with Vietnamese law by foreign workers working for bidding packages performed by contractors in the locality.

Article 6. Reporting on employment of foreign workers  

1. Annually or upon request, provincial-level People’s Committees shall report to the Ministry of Labor, War Invalids and Social Affairs on the demand for foreign workers, approval of the demand for foreign workers, and management of foreign workers in their localities.

2. Provincial-level Departments of Labor, War Invalids and Social Affairs shall make quarterly, biannual and annual reports on foreign workers in their localities under the guidance of the Ministry of Labor, War Invalids and Social Affairs.

Section 2

FOREIGN WORKERS EXEMPTED FROM WORK PERMIT

Article 7. Cases in which foreign workers are exempted from work permit

1. Foreign workers defined in Clauses 1 thru 8, Article 172 of the Labor Code.

2. Other cases in which foreign workers are exempted from work permit:

a/ Intra-corporate transferees within 11 service sectors in Vietnam’s Schedule of WTO Commitments on Services, including business, communication, construction, distribution, education, environment, finance, health, tourism, entertainment and transportation;

b/ Foreigners who enter Vietnam to provide professional and technical consultancy services or perform other tasks serving the research, formulation, appraisal, monitoring and evaluation, management and implementation of official development assistance (ODA)-funded programs and projects according to ODA treaties concluded between competent authorities of Vietnam and foreign countries;

c/ Foreigners who are licensed by the Ministry of Foreign Affairs to carry out information and press activities in Vietnam in accordance with law;

d/ Foreigners who are sent to Vietnam by competent agencies or organizations to teach or carry out researches at international schools managed by foreign diplomatic missions or international organizations in Vietnam, or who are permitted by the Ministry of Education and Training to teach or carry out researches at education and training institutions in Vietnam;

dd/ Volunteers as certified by foreign diplomatic missions or international organizations in Vietnam;

e/ Foreigners who enter Vietnam to work as specialists, managers, executives or technical workers for fewer than 30 days per entry and have their total working period not exceeding 90 days in a year;

g/ Foreigners who enter Vietnam to implement international agreements signed by central- or provincial-level agencies or organizations in accordance with law;

h/ Students in overseas schools or training institutions which have agreements on apprenticeship in agencies, organizations or enterprises in Vietnam;

i/ Relatives of members of Vietnam-based foreign representative missions who work under licenses granted by the Ministry of Foreign Affairs, unless otherwise provided by treaties to which the Socialist Republic of Vietnam is a contracting party;

k/ Foreigners who have official passports to work for state agencies, political organizations or socio-political organizations;

l/ Other cases as decided by the Prime Minister at the proposal of the Ministry of Labor, War Invalids and Social Affairs.

Article 8. Certification of foreign workers’ eligibility for exemption from work permit

1. Provincial-level Departments of Labor, War Invalids and Social Affairs have competence to certify foreign workers’ eligibility for exemption from work permit.

2. An employer shall request the provincial-level Department of Labor, War Invalids and Social Affairs of the locality where foreign workers are expected to work to certify their eligibility for exemption from work permit at least 7 working days before the date on which these workers start working, except the cases specified in Clauses 4 and 5, Article 172 of the Labor Code and at Point e, Clause 2, Article 7 of this Decree.

The validity period of a certification of a foreign worker’s eligibility for exemption from work permit must not exceed 2 years and equal the period specified in one of the cases prescribed in Article 11 of this Decree.

3. A dossier of request for certification of eligibility for exemption from work permit must comprise:

a/ A written request for certification of foreign workers’ eligibility for exemption from work permit;

b/ A list of foreign workers with their full names, ages, gender, citizenship, passport numbers, starting and ending dates of working, and working positions;

c/ Papers proving foreign workers’ eligibility for exemption from work permit;

d/ Papers proving foreign workers’ eligibility for exemption from work permit may be either copies enclosed with their originals for comparison or certified copies; if being made in a foreign language, they shall be exempted from consular legalization but be translated into Vietnamese and certified in accordance with Vietnamese law.

4. Within 3 working days after receiving a complete dossier of request for certification of eligibility for exemption from work permit, the provincial-level Department of Labor, War Invalids and Social Affairs shall send a written certification to the employer. In case of refusal, it shall issue a written reply clearly stating the reason.

Section 3

GRANT OF WORK PERMITS

Article 9. Conditions for a foreign worker to be granted a work permit

1. Having full civil act capacity as prescribed by law.

2. Being physically fit as required by his/her expected job.

3. Being a manager, an executive, a specialist or a technical worker.

4. Being neither criminally convicted nor examined for penal liability according to Vietnamese law or foreign law.

5. His/her employment has been approved in writing by a competent state agency.

Article 10. Dossier of application for a work permit

1. A written application for a work permit, made by the employer according to regulations of the Ministry of Labor, War Invalids and Social Affairs.

2. A health certificate issued by a competent foreign or Vietnamese health establishment within 12 months prior to the date of dossier submission.

3. A judicial record card or a written certification showing that the foreign worker is neither criminally convicted nor examined for penal liability, issued by a competent foreign authority. For a foreign worker who resides in Vietnam, only the judicial record card issued by a competent Vietnamese agency is required.

Such judicial record card or written certification must be issued within 6 months prior to the date of dossier submission.

4. A paper proving that the foreign worker is a manager, an executive, a specialist or a technical worker

For some professions or occupations, the paper proving the foreign worker’s professional or technical qualifications may be replaced with one of the papers below:

a/ Paper recognizing the foreign worker to be an artisan in a traditional craft, which is issued by a competent foreign authority;

b/ Paper proving the experience of a foreign soccer player;

c/ Pilot certificate granted by a competent Vietnamese agency to a foreign pilot;

d/ Aircraft maintenance license granted by a competent Vietnamese agency to a foreign worker.

5. Two color photos (4 cm x 6 cm, white background, front facing, bareheaded, no glasses) taken within 6 months prior to the date of dossier submission.

6. Certified copy of the passport or paper of equivalent validity or international travel paper, which remains valid as prescribed by law.

7. Papers related to the foreign worker

a/ The foreign enterprise’s paper on the appointment of the foreign worker to work in its commercial presence in the Vietnamese territory, and a paper proving that he/she was recruited by the foreign enterprise at least 12 months before he/she is appointed to work in Vietnam, for foreign workers mentioned at Point b, Clause 1, Article 2 of this Decree;

b/ A contract or an agreement signed between the Vietnamese and foreign partners, including the agreement on employment of foreign workers in Vietnam, for foreign workers mentioned at Point c, Clause 1, Article 2 of this Decree;

c/ A service provision contract signed between the Vietnamese and foreign partners, and a paper proving that the foreign worker has worked for the foreign enterprise without commercial presence in Vietnam for at least 2 years, for foreign workers mentioned at Point d, Clause 1, Article 2 of this Decree;

d/ The service provider’s paper on the appointment of the foreign worker to work in Vietnam to negotiate the service provision, for foreign workers mentioned at Point dd, Clause 1, Article 2 of this Decree;

dd/ A certificate of the foreign non-governmental organization or international organization licensed to operate in accordance with Vietnamese law, for foreign workers mentioned at Point e, Clause 1, Article 2 of this Decree;

e/ The service provider’s paper on the appointment of the foreign worker to work in Vietnam to establish its commercial presence, for foreign workers mentioned at Point h, Clause 1, Article 2 of this Decree;

g/ A paper proving that the foreign worker is permitted to participate in the operation of the foreign enterprise, for foreign workers mentioned at Point i, Clause 1, Article 2 of this Decree who participate in the operation of the foreign enterprise that has established its commercial presence in Vietnam.

8. A dossier of application for a work permit in special cases

a/ For a foreign worker possessing a valid work permit who wishes to work for another employer in the same working position as that stated in his/her work permit as prescribed by law, a dossier of application for a work permit must comprise the papers specified in Clauses 1, 5, 6 and 7 of this Article and the granted work permit or its certified copy;

b/ For a foreign worker possessing a valid work permit who wishes to work for the same employer in a working position different from that stated in his/her work permit as prescribed by law, a dossier of application for a work permit must comprise the papers specified in Clauses 1, 4, 5, 6 and 7 of this Article and the granted work permit or its certified copy;

c/ For a foreign worker possessing an expired work permit under Article 174 of the Labor Code who wishes to continue working in the same position as that stated in his/her work permit as prescribed by law, a dossier of application for a work permit must comprise the papers specified in Clauses 1, 2, 3, 5, 6 and 7 of this Article and the written certification of revocation of such work permit;

d/ A foreign worker mentioned at Point a, b or c of this Clause who has been granted a work permit 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, must have a paper proving his/her satisfaction of the requirements prescribed in Clause 3, 4 or 5, Article 3 of this Decree.

9. Consular legalization and certification of papers

a/ The papers specified in Clauses 2, 3 and 4 of this Article may be either copies enclosed with their originals for comparison or certified copies.

If such papers are made in a foreign language, they shall be consularly legalized, unless they are exempted from consular legalization under a treaty to which the Socialist Republic of Vietnam and the foreign country concerned are contracting parties, or on the principle of reciprocity, or in accordance with law, and translated into Vietnamese and certified in accordance with Vietnamese law.

b/ The papers specified in Clause 7 of this Article may be either copies enclosed with their originals for comparison or certified copies; if being made in a foreign language, they shall be exempted from consular legalization but be translated into Vietnamese and certified in accordance with Vietnamese law.

Article 11. Validity period of a work permit

The validity period of a granted work permit must not exceed 2 years, and equal:

1. The term of the labor contract to be signed;

2. The period during which the foreign worker sent to Vietnam by the foreign partner will work;

3. The term of the contract or agreement signed between the Vietnamese and foreign partners;

4. The term of the service provision contract or agreement signed between the Vietnamese and foreign partners;

5. The period stated in the service provider’s paper on the appointment of the foreign worker to work in Vietnam to negotiate the service provision;

6. The period stated in the certificate of the foreign non-governmental organization or international organization licensed to operate in accordance with Vietnamese law;

7. The period stated in the service provider’s paper on the appointment of the foreign worker to work in Vietnam to establish its commercial presence; or,

8. The period stated in the paper proving that the foreign worker is permitted to participate in the operation of a foreign enterprise that has established its commercial presence in Vietnam.

Article 12. Sequence of granting a work permit

1. At least 15 working days before the date the foreign worker is expected to start working, the employer shall submit a dossier of application for a work permit to the provincial-level Department of Labor, War Invalids and Social Affairs of the locality where the foreign worker is expected to work.

2. Within 7 working days after receiving a complete dossier of application for a work permit, the provincial-level Department of Labor, War Invalids and Social Affairs shall grant a work permit to the foreign worker, made according to the form provided by the Ministry of Labor, War Invalids and Social Affairs. In case of refusal, it shall issue a written reply clearly stating the reason.

3. After the foreign worker mentioned at Point a, Clause 1, Article 2 of this Decree is granted a work permit, he/she and his/her employer shall sign a written labor contract in accordance with Vietnamese labor law before the date the foreign worker is expected to work.

Within 5 working days after the labor contract is signed, the employer shall send a copy of this contract to the provincial-level Department of Labor, War Invalids and Social Affairs that has granted the work permit.

Section 4

RE-GRANT OF WORK PERMITS

Article 13. Cases in which a work permit is re-granted

1. The valid work permit is lost or damaged, or has its contents changed, except the cases specified in Clause 8, Article 10 of this Decree.

2. The work permit remains valid for at least 5 days and at most 45 days.

Article 14. Dossier of request for re-grant of a work permit

1. A written request for re-grant of a work permit, made by the employer according to regulations of the Ministry of Labor, War Invalids and Social Affairs.

2. Two color photos (4 cm x 6 cm, white background, front facing, bareheaded, no glasses) taken within 6 months prior to the date of dossier submission.

3. The granted work permit

a/ If the work permit is lost under Clause 1, Article 13 of this Decree, certification of a Vietnamese commune-level public security agency or of a competent foreign authority is required in accordance with law;

b/ If the work permit has its contents changed under Clause 1, Article 13 of this Decree, papers proving such change are required;

c/ If the work permit remains valid for just between 5 days and 45 days under Clause 2, Article 13 of this Decree, a health certificate prescribed in Clause 2, Article 10 of this Decree and one of the papers specified in Clause 7, Article 10 of this Decree are required;

d/ If the foreign worker’s work permit was granted 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, a paper proving his/her satisfaction of the requirements specified in Clause 3, 4 or 5, Article 3 of this Decree is required.

4. The papers specified in Clause 3 of this Article may be either copies enclosed with their originals for comparison or certified copies. If being made in a foreign language, they shall be exempted from consular legalization but be translated into Vietnamese and certified in accordance with Vietnamese law.

Article 15. Sequence of re-granting a work permit

1. In case of re-granting a work permit under Clause 2, Article 13 of this Decree, at least 5 days and at most 45 days before the work permit expires, the employer shall submit a dossier of request for re-grant of a work permit to the provincial-level Department of Labor, War Invalids and Social Affairs that has granted such work permit.

2. Within 3 working days after receiving a complete dossier of request for re-grant of a work permit, the provincial-level Department 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.

3. After the foreign worker mentioned at Point a, Clause 1, Article 2 of this Decree is re-granted a work permit, he/she and his/her employer shall sign a written labor contract in accordance with Vietnamese labor law before the date the foreign worker is expected to continue working.

Within 5 working days after the labor contract is signed, the employer shall send a copy of this contract to the provincial-level Department of Labor, War Invalids and Social Affairs that has re-granted the work permit.

Article 16. Validity period of a re-granted work permit

1. The validity period of a work permit re-granted under Clause 1, Article 13 of this Article must equal the validity period of the granted work permit minus the foreign worker’s working period counted by the time of request for re-grant of the work permit.

2. The validity period of a work permit re-granted under Clause 2, Article 13 of this Decree must not exceed 2 years, and must equal the period specified in one of the cases specified in Article 11 of this Decree.

Section 5

REVOCATION OF WORK PERMITS, EXPULSION OF FOREIGN WORKERS

Article 17. Revocation of a work permit

1. A work permit shall be revoked when it expires under Clause 1, 2, 3, 4, 5, 7 or 8, Article 174 of the Labor Code.

2. A work permit shall be revoked when the employer or foreign worker fails to strictly comply with this Decree.

3. Sequence of revoking a work permit:

a/ For the case specified in Clause 1 of this Article, the employer shall revoke the work permit and return it to the provincial-level Department of Labor, War Invalids and Social Affairs that has granted such work permit;

b/ For the case specified in Clause 2 of this Article, the director of the provincial-level Department of Labor, War Invalids and Social Affairs that has granted the work permit shall issue a decision on revocation of the work permit and notify such to the employer for the latter to revoke the work permit and return it to the provincial-level Department of Labor, War Invalids and Social Affairs;

c/ The provincial-level Department of Labor, War Invalids and Social Affairs shall send to the employer a written certification of revocation of the work permit.

4. The Ministry of Labor, War Invalids and Social Affairs shall detail procedures for revocation of a work permit.

Article 18. Expulsion of foreign workers

1. Foreign workers who work in Vietnam without a work permit or have no written certification of their eligibility for exemption from work permit as prescribed by this Decree (below referred to as foreign workers in Vietnam without a work permit) will be expelled in accordance with Vietnamese law.

2. Provincial-level Departments of Labor, War Invalids and Social Affairs shall request public security agencies to expel foreign workers in Vietnam without a work permit.

Any organization or person that detects a foreign worker working in Vietnam without a work permit shall report such to the provincial-level Department of Labor, War Invalids and Social Affairs of the locality where the foreign worker works.

3. Within 15 working days after identifying a foreign worker working in Vietnam without a work permit, the provincial-level Labor, War Invalids and Social Affairs Department shall request the public security agency to expel such foreign worker.

Chapter III

IMPLEMENTATION PROVISIONS

Article 19. Effect

1. This Decree takes effect on April 1, 2016.

2. 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, and Point a, Section 4 of the Government’s Resolution No. 47/NQ-CP of July 8, 2014, cease to be effective on the date this Decree takes effect.

3. Transitional provisions

a/ Such papers as written approval of employment of foreign workers, written certification of foreign worker’s eligibility for exemption from work permit, and work permits granted 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, may be further used until they expire;

b/ Cases in which an employer submitted a report explaining his/her/its demand for foreign workers and a dossier of application for grant or request for re-grant of a work permit or for certification of foreign workers’ eligibility for exemption from work permit before the effective date of this Decree, must comply with 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.

Article 20. Implementation responsibility

1. The Ministry of Labor, War Invalids and Social Affairs shall:

a/ Guide the implementation of this Decree;

b/ Approve the demand for employment of foreign workers; certify foreign workers’ eligibility for exemption from work permit; grant and re-grant work permits; revoke work permits; certify revocation of work permits and request public security agencies to expel foreign workers without a work permit, for foreign workers working for employers defined at Points d, dd, e, g and l, Clause 2, Article 2 of this Decree;

c/ Direct, urge, inspect and examine the implementation of the law on foreign workers in Vietnam.

2. The Ministry of Public Security shall:

a/ Guide the competence and procedures for expulsion of foreign workers without a work permit;

b/ Guide the grant of visas to foreign workers involved in the grant or re-grant of work permits; and certify foreign workers’ eligibility for exemption from work permit;

c/ Quarterly provide the Ministry of Labor, War Invalids and Social Affairs with information on foreign workers who are granted visas to enter Vietnam to work for agencies, organizations and enterprises.

3. The Ministry of Finance shall provide guidance on fees for grant and re-grant of work permits and certification of foreign workers’ eligibility for exemption from work permit in the case specified at Point b, Clause 1 of this Article.

4. The Ministry of Industry and Trade shall provide guidance on grounds and procedures for identification of intra-corporate transferees within 11 service sectors in Vietnam’s Schedule of WTO Commitments on Services.

5. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG