Decree No. 75/2001/ND-CP dated October 19, 2001 of the Government amending and supplementing a number of articles of the Government’s Decree No. 46/1999/ND-CP dated July 1, 1999 and Decree No. 85/1998/ND-CP dated October 20, 1998 on the recruitment, employment and management of Vietnamese laborers working for foreign organizations or individuals in Vietnam

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE No. 46/1999/ND-CP OF JULY 1, 1999 AND DECREE No. 85/1998/ND-CP OF OCTOBER 20, 1998 ON THE RECRUITMENT, EMPLOYMENT AND MANAGEMENT OF VIETNAMESE LABORERS WORKING FOR FOREIGN ORGANIZATIONS OR INDIVIDUALS IN VIETNAM

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Labor Code of June 23, 1994;

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

DECREES:

Article 1.-To amend Clause 1 and Clause 3, Article 1 of the Government’s Decree No. 46/1999/ND-CP of July 1, 1999 amending a number of articles of the Government’s Decree No. 85/1998/ND-CP of October 20, 1998 on the recruitment, employment and management of Vietnamese laborers working for foreign organizations or individuals in Vietnam, as follows:

1. Clause 1 of Article 1 is amended and supplemented as follows:

"1. Clause 4 of Article 2 is amended into the following new Clause 4 of Article 2:

4. Vietnam-based non-profit representative offices of foreign economic, commercial, financial, banking, insurance, scientific-technical, cultural, educational, medical organizations and organizations engaged in other fields."

2. Clause 3 of Article 1 is amended as follows:

"3. Article 10 is amended into the following new Article 10:

The supply of Vietnamese laborers to foreign organizations and individuals shall be effected under labor supply contracts signed between the labor-supplying organizations and foreign organizations or individuals. Within 15 days after the date of receipt of a request for Vietnamese labor supply from a foreign organization or individual as agreed upon in a labor supply contract, if the labor-supplying organization fails to meet the request, such foreign organization or individual may directly recruit Vietnamese laborers and transfer the dossier to the labor-supplying organization prescribed in Article 6 of this Decree for carrying out the procedures according to the provisions of this Decree."

Article 2.-Article 19 of the Government’s Decree No. 85/1998/ND-CP of October 20, 1998 on the recruitment, employment and management of Vietnamese laborers working for foreign organizations or individuals in Vietnam is amended and supplemented as follows:

"Article 19.-

1. The Ministry for Foreign Affairs shall have to designate or set up organizations to supply Vietnamese laborers for foreign organizations or individuals prescribed in Clauses 1, 2 and 3, Article 2 of this Decree.

The People’s Committees of the provinces and centrally-run cities shall have to designate or set up organizations to supply Vietnamese laborers for foreign organizations or individuals prescribed in Clause 4, Article 2 of this Decree.

2. The Ministry of Finance shall guide the financial mechanism applicable to the labor-supplying organizations which are assigned the task of supplying Vietnamese laborers working for foreign organizations or individuals according to the provisions of Clause 1 of this Article."

Article 3.-This Decree takes effect 15 days after its signing. All previous stipulations which are contrary to this Decree are hereby annulled.

The recruitment, employment and management of Vietnamese laborers working for foreign organizations or individuals in Vietnam other than the subjects prescribed in this Decree shall comply with the Government’s other regulations detailing the implementation of the Labor Code and the Law on Foreign Investment in Vietnam, and the Labor, War Invalids and Social Affairs Ministry’s guidance.

Article 4.-The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.