Decree No. 75/2014/ND-CP dated July 28, 2014 detailing the implementation of a number of articles of the Labor Code on recruitment, management of Vietnamese laborers working for the foreign organization and individual in Vietnam

DECREE

Detailing a number of articles of the Labor Code on recruitment and management of Vietnamese laborers working for foreign organizations and individuals in Vietnam[1]

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 on recruitment and management of Vietnamese laborers working for foreign organizations and individuals in Vietnam.

Article 1. Scope of regulation

This Decree prescribes the selection, introduction, employment and management of Vietnamese laborers working for foreign organizations and individuals in Vietnam.

Article 2. Subjects of application

1. Vietnamese laborers who are Vietnamese citizens aged 18 or older, capable of working and having full civil act capacity.

2. Foreign organizations in Vietnam that are foreign agencies and organizations permitted by competent authorities of Vietnam to operate in the Vietnamese territory, including:

a/ Foreign diplomatic missions or consular offices, representative offices of international organizations in the United Nations system, regional and sub-regional organizations;

b/ Resident offices of foreign news and press agencies, radio and television broadcasting organizations;

c/ International organizations, inter-governmental organizations and foreign governmental organizations;

d/ Foreign non-governmental organizations that have operation registration certificates granted by Vietnamese competent agencies under the Government’s Decree No. 12/2012/ND-CP of November 12, 2012, on registration and management of operations of foreign non-governmental organizations in Vietnam;

dd/ Vietnam-based not-for-profit representative offices of foreign economic, commercial, financial, banking, insurance, scientific and technical, cultural, educational, medical and legal consultancy organizations.

3. Foreign individuals in Vietnam who are foreigners working for organizations specified in Clause 2 of this Article or persons permitted by Vietnamese competent agencies to reside in Vietnam.

4. Vietnamese agencies and organizations involved in the recruitment and management of Vietnamese laborers working for foreign organizations and individuals in Vietnam.

Article 3. Vietnamese laborers working for foreign organizations and individuals in Vietnam

Vietnamese laborers specified in Clause 1, Article 2 of this Decree are allowed to work for foreign organizations and individuals in Vietnam (below referred to as foreign organizations and individuals), except those who are not allowed to work for foreign organizations and individuals in accordance with law.

Article 4. Competence for enrolment and management of Vietnamese laborers working for foreign organizations and individuals

1. Organizations competent to recruit and manage Vietnamese laborers working for foreign organizations and individuals (below referred to as organizations competent to recruit and manage Vietnamese laborers) include:

a/ Organizations that are assigned or authorized by the Ministry of Foreign Affairs;

b/ Employment service centers that are established under decisions of the Minister of Labor, War Invalids and Social Affairs or chairpersons of provincial-level People’s Committees.

2. Organizations specified at Point a, Clause 1 of this Article may recruit, introduce and manage Vietnamese laborers working for the following foreign organizations and individuals:

a/ Foreign organizations specified at Points a, b, c and d, Clause 2, Article 2 of this Decree;

b/ Foreign individuals working for foreign organizations specified at Points a, b, c and d, Clause 2, Article 2 of this Decree.

3. Employment service centers specified at Point b, Clause 1 of this Article may recruit, introduce and manage Vietnamese laborers working for the following foreign organizations and individuals:

a/ Foreign organizations specified at Point dd, Clause 2, Article 2 of this Decree;

b/ Foreign individuals working for foreign organizations specified at Point dd, Clause 2, Article 2 of this Decree and foreigners permitted by Vietnamese competent agencies to reside in Vietnam.

Article 5. Dossier of registration for recruitment of a Vietnamese laborer

1. An application of registration for employee recruitment, made according to the form set by the Ministry of Labor, War Invalids and Social Affairs.

2. A copy of the birth certificate.

3. A health check certificate of a competent health establishment within 6 (six) months before the date of dossier submission.

4. Copies of diplomas and certificates of professional, technical and foreign language skills required for the job which the laborer applies for. Diplomas and certificates in foreign languages must be translated into Vietnamese and certified under Vietnamese regulations.

Article 6. Orders and procedures for recruitment of Vietnamese laborers to work for foreign organizations and individuals

1. A foreign organization or individual that needs to employ a Vietnamese laborer shall send a written request for recruitment of Vietnamese laborer to an organization competent to recruit and manage Vietnamese laborers. Such a request must state requirements on vacant jobs, number and technical, professional and foreign skills of to be-recruited laborers and recruitment time limit; rights and obligations of the Vietnamese laborer and foreign organization or individual in the course of work performance and upon the termination of each job.

2. Within 15 (fifteen) working days after receiving a written request of a foreign organization or individual, the organization competent to recruit and manage Vietnamese laborers shall select and introduce Vietnamese laborers at the request of the foreign organization or individual.

3. Past the time limit prescribed in Clause 2 of this Article, if organizations competent to recruit and manage Vietnamese laborers fail to select and introduce Vietnamese laborers at the request of foreign organizations and individuals, foreign organizations and individuals may directly recruit Vietnamese laborers.

4. Within 7 (seven) working days after signing a labor contract, a foreign organization or individual shall send a written notice enclosed with a copy of the labor contract signed with the Vietnamese laborer to the organization competent to recruit and manage Vietnamese laborers.

Article 7. Responsibilities of Vietnamese laborers working for foreign organizations and individuals

1. To abide by Vietnam’s law on labor.

2. To properly observe terms of labor contracts signed with foreign organizations and individuals.

3. To properly observe regulations of organizations competent to recruit and manage Vietnamese laborers introduced to work for foreign organizations and individuals.

Article 8. Responsibilities of foreign organizations and individuals employing Vietnamese laborers

1. To strictly comply with the Labor Code and current regulations.

2. To strictly observe their written requests for recruitment of Vietnamese laborers and signed labor contracts.

3. To report on the recruitment and employment of Vietnamese laborers to organizations competent to recruit and manage Vietnamese laborers on a biannual or annual basis or upon requests.

Article 9. Responsibilities of organizations competent to recruit and manage Vietnamese laborers working for foreign organizations and individuals

1. To receive dossiers of registration for recruitment of Vietnamese laborers and written requests for Vietnamese labor recruitment of foreign organizations and individuals.

2. To organize the recruitment, introduction and management of Vietnamese laborers working for foreign organizations and individuals.

3. To participate in the training and retraining for improvement of skills of Vietnamese laborers to meet requirement of foreign organizations and individuals.

4. To report on the recruitment and management of Vietnamese laborers working for foreign organizations and individuals on a biannual or annual basis or at requests according to the following provisions:

a/ Organizations assigned or authorized by the Ministry of Foreign Affairs to recruit and manage Vietnamese laborers working for foreign organizations and individuals shall report to the Ministry of Foreign Affairs;

b/ Employment service centers established under decisions of the Minister of Labor, War Invalids and Social Affairs shall report to the Ministry of Labor, War Invalids and Social Affairs and provincial-level Departments of Labor, War Invalids and Social Affairs in localities where they are headquartered.;

c/ Employment service centers established under decisions of chairpersons of provincial-level People’s Committees shall report to provincial-level Departments of Labor, War Invalids and Social Affairs.

5. To perform other tasks prescribed by law.

Article 10. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

1. To perform the state management of recruitment and management of Vietnamese laborers working for foreign organizations and individuals.

2. To guide, examine and inspect the implementation of this Decree.

3. To review and report on Vietnamese laborers working for foreign organizations and individuals to the Prime Minister on an annual basis or at requests.

Article 11. Responsibilities of the Ministry of Foreign Affairs

1. To manage Vietnamese laborers working for foreign organizations and individuals under Points a, b, c and d, Clause 2, Article 2 of this Decree.

2. To manage organizations assigned or authorized by the Ministry of Foreign Affairs to recruit and manage Vietnamese laborers working for foreign organizations and individuals.

3. To guide the selection, introduction and management of Vietnamese laborers working for foreign organizations and individuals under Points a, b, c and d, Clause 2, Article 2 of this Decree.

4. To report on the recruitment and management of Vietnamese laborers working for foreign organizations and individuals under its management to the Ministry of Labor, War Invalids and Social Affairs on a biannual or annual basis or at requests.

Article 12. Responsibilities of the Ministry of Finance

To assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs in, guiding the management, use and finalization of support funds provided by the state budget for organizations assigned or authorized by the Ministry of Foreign Affairs to manage Vietnamese laborers working for foreign organizations and individuals under Points a, b, c and d, Clause 2, Article 2 of this Decree.

Article 13. Responsibilities of the Ministry of Public Security

To coordinate with organizations competent to manage Vietnamese laborers working for foreign organizations and individuals and foreign organizations and individuals employing Vietnamese laborers in observing the regulations on assurance of social security, order and safety.

Article 14. Responsibilities of provincial-level People’s Committees

1. To perform the state management of recruitment and management of Vietnamese laborers working for foreign organizations and individuals under their management.

2. To supervise and examine the selection, introduction, use and management of Vietnamese laborers working for foreign organizations and individuals.

3. To report on the recruitment and management of Vietnamese laborers working for foreign organizations and individuals under their management to the Ministry of Labor, War Invalids and Social Affairs on a biannual or annual basis or at requests.

Article 15. Effect

1. This Decree takes effect on September 15, 2014.

2. The Government’s Decree No. 85/1998/ND-CP of October 20, 1998, on recruitment, employment and management of Vietnamese laborers working for foreign organizations and individuals in Vietnam; Decree No. 46/1999/ND-CP of July 1, 1999, amending and supplementing a number of articles of the Government’s Decree No. 85/1998/ND-CP; and Decree No. 75/2001/ND-CP of October 19, 2001, amending and supplementing  a number of articles of Decree No. 46/1999/ND-CP and Decree No. 85/1998/ND-CP, cease to be effective from the effective date of this Decree.

Article 16. Implementation responsibilities

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

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG