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

THE GOVERNMENT

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

Pursuant to the Law on Organization of the Government of December 2, 2001;

Pursuant to the Labor Code of June 18, 2012;

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

The Government promulgates the Decree detailing the implementation of a number of articles of the Labor Code on recruitment, use and management of Vietnamese labor working for foreign organizations and individual in Vietnam

Article 1. Scope of application

This Decree prescribes the recruitment, recommendation, use and management of Vietnamese laborers working for the foreign organization, individual in Vietnam.

Article 2. Subjects of application

1. Vietnamese laborers are Vietnamese citizens aged from 18 full years and upward, have work capacity and have full capacity for civil acts.

2. Foreign organizations in Vietnam areforeign agencies and organizations that are allowed by competent authorities of Vietnam to operate on Vietnamese territory. They include:

a)  Foreign diplomatic representative offices and consulates, representative offices of international organizations in the system of the United Nations Organization, regional organizations and sub-regional organizations;

b) Representative offices of foreign news agencies, press, radio and television;

c) International organizations, joint-Government organizations, organizations of foreign Government;

d) Foreign non-governmental organizations that Vietnamese competent agencies grant the registration certificate as stipulated under the Decree No. 12/2012/ND-CP dated November 12, 2012 of the Government on registration and management of activities of non-governmental organizations in Vietnam.

dd) Representative offices non-profit foreign economic, commercial, financial, banking, insurance, scientific and technical, cultural, educational, medical and legal consultancy organizations.

3. Foreign individuals in Vietnam are foreigners working for organizations as stipulated under Clause 2 of this Article or persons being allowed to reside in Vietnam by competent agencies.

4. Vietnamese organizations, agencies related to recruiting and managing Vietnamese laborers working for foreign organizations, individuals in Vietnam.

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

Vietnamese laborers as stipulated under Clause 1 Article 2 of this Decree are allowed to work for foreign organizations and individuals in Vietnam (hereinafter referred to as the foreign organization and individual), excluding Vietnamese laborers that are not allowed to work for the foreign organization and individual as stipulated.

Article 4. Competence to recruit, manage Vietnamese laborers working for the foreign organization and individual

1. Organizations that are competent to recruit, manage Vietnamese laborers working for the foreign organization and individual (hereinafter-referred to as competent organizations on the recruitment and management of Vietnamese laborers) include:

a) Organizations authorized by the Ministry of Foreign Affairs;

b) Job recommendation center set up by the Ministry of Labor, War Invalids and Social Affairs or the president of the People’s Committees in provinces, centrally run cities.

2. Organizations as stipulated under Point a Clause 1 of this Article are allowed to recruit, recommend and manage Vietnamese laborers working for the following foreign organizations, individuals:

a) Foreign organizations as stipulated under Point a, b, c and d of Article 2 of this Decree;

b) Foreign individuals working for the foreign organization as stipulated under Point a, b, c and d Clause 2 of this Decree.

3. Job recommendation center as stipulated under Point b Clause 1 of this Article are allowed to select, recommend and manage Vietnamese laborers working for the following foreign organizations, individuals:

a) Foreign organization as stipulated under Point dd Clause 2 Article 2 of this Decree;

b) Foreign individuals working for the foreign organization as stipulated under Point dd Clause 2 Article 2 of this Decree, foreigners are allowed to reside in Vietnam by competent authorities.

Article 5. The dossier of Vietnamese laborers

1. The job application according to the form prescribed by the Ministry of Labor, War Invalids and Social Affairs;

2. Copy of birth certificate;

3. A valid health certificate of the medical office no more than six months since the submission of the dossier;

4. Copies of diplomas and certificates of educational, specification, professional and foreign language standard related to the job which the laborer applies for. If they are written in foreign language, it must be translated into Vietnamese and certified in accordance with Vietnamese laws;

Article 6. Orders, procedures of recruiting Vietnamese laborers working for the foreign organization, individual

1. When having demand to use Vietnamese laborers, the foreign organization or individual that needs to use Vietnamese laborers shall have to send a written request to the organizations that are competent to recruit and manage Vietnamese laborers. In the request, the requester must specify job position, number, professional skills, foreign language, and recruitment deadline; the rights and obligations of the Vietnamese laborers and of the foreign organization and individual in the process of work and at the termination of the work for each position.

2. Within 15 working days since receipt of the written request of the foreign organization, individual, agencies being competent to recruit, manage Vietnamese laborers must be responsible to recruit and recommend Vietnamese laborers at the request of foreign organizations, individuals.

3. If exceeding the time-limit as stipulated under Clause 2 of this Article, agencies being competent to recruit, manage Vietnamese laborers fail to recruit, recommend Vietnamese laborers at the request of foreign organizations, individuals, that foreign organizations and individuals shall have rights to recruit Vietnamese laborers.

4. Within seven working days after signing labor contract, foreign organizations, individuals must notify in writing attached with copy of labor contract to agencies being competent to recruit, manage Vietnamese laborers.

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

1. To fully comply with Vietnamese law on labor;

2. To carry out strictly the terms of the labor contract already signed with the foreign organization or individual;

3. To carry out strictly the prescriptions of agencies being competent to recruit, manage Vietnamese laborers, which have recommended them to come and work at the foreign organization or individual.

Article 8. Responsibilities of the foreign organization, individual when using Vietnamese laborers

1. To carry out strictly the stipulations of the Labor Code and other related regulations’

2. To carry out strictly the written request of recruitment and the labor contract already signed;

3. To report to the competent labor agency on the recruitment and management of Vietnamese laborers periodically every six months, annually or in urgent cases when being requested.

Article 9. Responsibilities of the competent labor agency on the recruitment and management of Vietnamese laborers working for foreign organizations, individuals

1. To receive the job application of the Vietnamese laborers and the written request of labor supply of the foreign organization or individual;

2. To organize the recruitment, introduction and management of Vietnamese laborers working for the foreign organization or individual;

3. To train and improve the skills for Vietnamese laborers to meet requirements of the foreign organization, individual;

4. To report periodically every six months, annually or in urgent cases when having the requirement on recruitment, management of Vietnamese laborers working for the foreign organization, individual as follows:

a) Organizations authorized by the Ministry of Foreign Affairs on recruitment and management of Vietnamese laborers working for the foreign organization, individual shall report to the Ministry of Foreign Affairs;

b) Job recommendation center set up by the Ministry of Labor, War Invalids and Social Affairs shall report to the Department of Labor, War Invalids and Social Affairs where its head office is located;

c) Job recommendation center set up the president of the People’s Committees in provinces, centrally run cities shall report to the the Department of Labor, War Invalids and Social Affairs.

5. To carry out other obligations in accordance with the law;

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

1. To perform state management on recruitment, management of Vietnamese laborers working for the foreign organization, individual;

2.  To guide, inspect the implementation of this Decree;

3. To summarize, report to the Prime Minister on Vietnamese laborers working for the foreign organization, individual annually or in urgent cases when being requested;

Article 11. Responsibilities of the Ministry of Foreign Affairs

1. To manage Vietnamese laborers working for the foreign organization, individual as stipulated under Point a, b, c and d Clause 2 Article 2 of this Decree;

2. To manage the organization on the recruitment and management of Vietnamese laborers working for the foreign organization, individual authorized by the Ministry of Foreign Affairs;

3. To make guidelines on recruitment, recommendation and management of Vietnamese laborers working for the foreign organization, individual as stipulated under Point a, b, c and d Clause 2 Article 2 of this Decree;

4. To report to the Ministry of Labor, War Invalids and Social Affairs on the recruitment, management of Vietnamese laborers working for the foreign organization, individual under its management periodically every six months, annually or in urgent cases when being requested;

Article 12. Responsibilities of the Ministry of Finance

To take the prime responsibility of, and coordinate with the Ministry of Foreign Affairs to guide the management, use and finalization of expenses supported by state budget for the organization authorized by the Ministry of Foreign Affairs to manage Vietnamese laborers working for the foreign organization, individual as stipulated under Point a, b, c and d Clause 2 Article 2 of this Decree;

Article 13. Responsibilities of the Ministry of Public Security

To coordinate with the competent agency on the management of Vietnamese laborers working for theforeign organization, individual and foreign organization and individual using Vietnamese laborers to perform the regulations on security, social safety.

Article 14. Responsibilities of the People s Committees of the provinces and centrally-run cities

1. To perform state management on the recruitment, management of Vietnamese working for the foreign organization, individual under its management;

2. To supervise and inspect the selection, recommendation, use and management of Vietnamese laborers working the foreign organization, individual;

3. To report to the Ministry of Labor, War Invalids and Social Affairs on the recruitment and management of Vietnamese laborers working the foreign organization, individual biannually, annually or in urgent cases when being requested;

Article 15. Effect

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

2. The Decree No. 85/1998/ND-CP dated October 20, 1998 of the Government on recruitment, use and management of Vietnamese laborers working for foreign organizations, individuals in Vietnam; the Government’s Decree No. 46/1999/ND-CP dated July 01, 1999 amending a number of articles of the Decree No. 85/1998/ND-CP dated October 20, 1998 of the Government on recruitment, use and management of Vietnamese laborers working for foreign organizations, individuals in Vietnam; the Government’s Decree No. 75/2001/ND-CP dated October 19, 2001 amending, supplementing a number of articles of the Decree No. 46/1999/ND-CP dated July 01, 1999 and the Decree  No. 85/1998/ND-CP dated October 20, 1998 of the Government on recruitment, use and management of Vietnamese laborers working for foreign organizations, individuals in Vietnam shall be ineffective since this Decree takes effect,

Article 16. Implementation responsibilities

The Ministers, the Heads of ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People s Committees of the provinces and centrally run cities, relevant agencies, organizations and individuals shall have to implement this Decree.

For the Government

The Prime Minister

Nguyen Tan Dung