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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
58-CP
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Hanoi
,October 03, 1996
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DECREE
ON THE GRANTING OF PERMITS TO FOREIGNERS
WORKING AT ENTERPRISES AND ORGANIZATIONS 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:
Chapter I
GENERAL PROVISIONS
Article 1.-
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2. Overseas Vietnamese working for enterprises
and organizations in Vietnam must also have work permits as stipulated in this
Decree.
Article 2.- The enterprises and organizations (hereafter
referred to as employer) entitled to employ foreign workers include the following
establishments which are lawfully established and have the legal person status:
1. State enterprises;
2. Foreign invested enterprises, enterprises in
export processing zones and industrial parks;
3. Enterprises of other economic sectors;
4. Cost-accounting non-business establishments;
5. Business and service organizations owned by
State administrative agencies, the armed forces, mass organizations and other
political and social organizations.
Article 3.- This Decree shall not apply to:
1. Foreigners working for State administrative
agencies, Vietnamese political and social organizations, and for Vietnamese
individuals;
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3. Foreigners working for diplomatic missions,
consulates, representative offices of international organizations, foreign
non-governmental organizations, representative offices of foreign economic,
cultural, information, educational and scientific organizations in Vietnam;
4. Foreigners who are hired by the employers
defined in Article 2 of this Decree to solve difficulties in emergency
situations;
5. Foreigners having permanently settled in
Vietnam, foreign pupils and students studying in Vietnam.
Article 4.- Foreigners working in Vietnam must abide by the
labor legislation of Vietnam and shall be protected by the labor law of
Vietnam, except otherwise provided for by international agreements which the
Socialist Republic of Vietnam has signed or acceded to.
Chapter
II
CONDITIONS AND PROCEDURE FOR RECRUITING AND GRANTING PERMITS TO
FOREIGNERS WORKING IN VIETNAM
Article 5.-
1. The employers are entitled to recruit foreign
workers to do jobs requiring high technical expertise or managerial jobs that
Vietnamese personnel are not yet qualified for, and, at the same time, must
have a plan to train Vietnamese to replace the foreigners.
2. The maximum term for employing a foreign
worker shall not exceed 3 years.
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Article 7.-
1. Vietnamese enterprises and organizations that
need to employ foreign workers must make a recruitment application (with clear
specification of the need, the source of wage payments and wage estimates, the
plan and timetable for training and fostering Vietnamese substitutes) which
must be approved in writing by the competent agency in accordance with the
following provisions:
For State corporations and State enterprises
having a Managing Board, the application must be approved by the Chairman of
the Managing Board;
For other State enterprises, the application
must be approved by the Head of the agency which has issued the decision to
establish the enterprise.
For non-State enterprises and collective
economic organizations, the application must be approved by the People’s Committee of a province or a city directly under
the Central Government;
For cost-accounting non-business organizations
and business and service units attached to State agencies, the armed forces,
mass organizations or other socio-political organizations, the application must
be approved by the Head of the agency or organization which has issued the
establishment decision..
2. Within 10 days from the date of receiving the
application for recruitment of foreign workers, the competent agency must reply
whether the recruitment is approved or not.
Article 8.- Foreigners working in Vietnam must meet the
following conditions:
1. Aged full 18 years or more;
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3. Having no previous criminal record for
violation of national security or other criminal offenses as prescribed by
Vietnamese law, not under examination for penal liability or serving a penal
sentence, not yet pardoned under Vietnamese and foreign laws.
Article 9.- Foreigners entering Vietnam to work must be
certified by the competent office of the Ministry of the Interior as having met
the conditions defined in Point 3, Article 8 of this Decree.
Article 10.- The labor employers recruiting overseas
Vietnamese who meet the conditions defined in Article 8 of this Decree shall be
allowed to apply for work permits to the Ministry of Labor, War Invalids and
Social Affairs, without having to go through consideration and approval by the
competent agencies as stipulated in Article 6 and Article 7 of this Decree.
Article 11.-
1. After recruiting and signing a labor
contract, the employer must submit three dossiers to the Ministry of Labor, War
Invalids and Social Affairs applying for the work permit. Each dossier shall
consist of:
a/ Documents of the employer:
An application for a work permit for foreigners
according to the form prescribed by the Ministry of Labor, War Invalids and
Social Affairs;
The written decision of the competent agency
allowing the recruitment of foreigners, except for the case specified in
Article 10 of this Decree.
A copy of the establishment and operating
license of the employer.
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An application for a permit to work in Vietnam
according to the form prescribed by the Ministry of Labor, War Invalids and
Social Affairs;
A copy of the labor contract signed with the
employer.
Copies of the certificates on his/her
professional knowledge and skills.
A health certificate issued by a Vietnamese
medical establishment or a medical establishment of the country of which the
foreigner is a citizen or the country where the foreigner last resided if
he/she bears no nationality.
A curriculum vitae certified by a competent
State agency of the country of which the foreigner is a citizen or the country
where the foreigner last resided if he/she bears no nationality;
Three 3 x 4 cm photographs
2. The documents specified in Item 1 of this
Article which are made and certified abroad must be legalized by a consular
office and translated into Vietnamese; their translation and copies must be
certified by a State notarization office of Vietnam.
Article 12.-
1. Within 45 days after receiving the full and
valid dossier, the Ministry of Labor, War Invalids and Social Affairs shall
have to cooperate with the concerned agencies to consider and reply the
applicant. If the application is refused, the reason must be clearly stated.
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3. For foreigners working in Vietnam for less
than three months, the Ministry of Labor, War Invalids and Social Affairs shall
empower the Service of Labor, War Invalids and Social Affairs of the province
or the city directly under the Central Government to grant the permit. .
Article 13.-
1. The work permit shall be issued for the term
of the labor contract already signed.
2. When necessary, the employer and the foreign
worker may agree to extend the term of the already agreed labor contract,
which, however, can be extended only once and the extension shall not be longer
than the term of the signed labor contract and the total length of time,
including the extension period, must not exceed three years. In such cases, the
employer must file an application requesting the extension of the work permit
together with an explanation, the copies of the extended labor contract and the
work permit to the Ministry of Labor, War Invalids and Social Affairs at least
30 days before the old labor contract expires.
Within 15 days after receiving the full dossier,
the Ministry of Labor, War Invalids and Social Affairs shall reply to the
applicant about the extension of the work permit.
3. Foreigners working for less than three months
as stipulated in Item 3, Article 12 of this Decree, if they need to extend their
labor contract, shall also observe the provisions in Item 2 of this Article.
Article 14.- The work permit shall be invalidated in the
following cases:
1. The work permit expires;
2. The labor contract is terminated prior to its
expiry date;
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4. The employing enterprise or organization
terminates its operation because of dissolution or bankruptcy, has its business
license withdrawn by a competent State agency, its business license has
expired, or is withdrawn by the owner of the enterprise.
5. The labor cooperation treaty or the
investment contract is no longer valid.
Article 15.- The person to whom a work permit is granted
shall have to pay a fee as prescribed by law.
The Ministry of Labor, War Invalids and Social
Affairs and the Ministry of Finance shall provide for the amount, the
collection and use of this fee.
Chapter
III
IMPLEMENTATION PROVISIONS
Article 16.- Any organization or individual that violates
the provisions of the Labor Code and this Decree shall, depending on the extent
of such violation, be disciplined, administratively sanctioned, or examined for
criminal liability in accordance with the provisions of law.
Article 17.- The Ministry of Labor, War Invalids and Social
Affairs shall grant and uniformly manage the work permits.
Article 18.- This Decree takes effect from the date of its
signing.
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Article 19.- If, within 6 months from the date this Decree
takes effect, the employers and foreigners working in Vietnam to whom this
Decree applies still do not have work permits (except those people who have
been granted labor cards before the date of issue of this Decree and these
cards are still valid) must complete the procedure to apply for work permits in
accordance with the provisions of this Decree.
Article 20.- The Ministry of Labor, War Invalids and Social
Affairs shall collaborate with concerned Ministries and branches of the
Government in guiding the implementation of this Decree.
Article 21.- The Ministers, the Heads of the
ministerial-level agencies and the agencies attached to the Government, the
Presidents of the People’s Committees of the
provinces and the cities directly under the Central Government shall have to
implement this Decree.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet