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THE MINISTRY
OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
24/2015/TT-BLDTBXH
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Hanoi, July
13, 2015
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CIRCULAR
PROVIDING SPECIFIC PROVISIONS ON IMPLEMENTATION OF CLAUSE 6
ARTICLE 14 OF THE GOVERNMENT’S DECREE No. 87/2014/ND-CP DATED SEPTEMBER 22, 2014
ON INTERESTING VIETNAMESE EXPATRIATES AND FOREIGN EXPERTS IN SCIENTIFIC AND
TECHNOLOGICAL OPERATIONS IN VIETNAM
Pursuant to the Government's Decree No.
106/2012/ND-CP dated December 20, 2012 on defining the functions, tasks, powers
and organizational structure of the Ministry of Labor, War Invalids and Social
Affairs;
Pursuant to the Government’s Decree No.
87/2014/ND-CP dated September 22, 2014 on interesting Vietnamese expatriates
and foreign experts in scientific and technological operations in Vietnam;
Pursuant to the Government's Decree No.
102/2013/ND-CP dated September 5, 2013 on providing specific provisions on
implementation of several articles of the Labor Code on foreign employees
working in Vietnam;
Upon the request of the Director of the Employment
Department;
The Minister of Labor, War Invalids and
Social Affairs hereby promulgates the Circular on providing specific provisions
on implementation of Clause 6 Article 14 of the Government’s Decree No.
87/2014/ND-CP dated September 22, 2014 on interesting Vietnamese expatriates
and foreign experts in scientific and technological operations in Vietnam (the
Government’s Decree No. 87/2014/ND-CP dated September 22, 2014 on interesting
Vietnamese expatriates and foreign experts in scientific and technological
operations in Vietnam, hereinafter referred to as the Decree No. 87/2014/ND-CP).
Article 1. Scope of
application
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Article 2. Applicable
entities
1. Vietnamese expatriates and foreign experts getting
involved in carrying out scientific and technological operations in Vietnam
(hereinafter referred to as science and technology expert).
2. Institutions or organizations where science
and technology experts are working as prescribed in Clause 1 of this Article
(hereinafter referred to as organization).
3. Vietnamese expatriates involved in carrying
out scientific and technological operations in Vietnam and entering into
Vietnam by using Vietnamese passports shall not be governed by this Circular.
Article 3. Work permit
1. Work permits shall be printed and
consistently applied by the Employment Department affiliated to the Ministry of
Labor, War Invalids and Social Affairs.
2. Work permits following the Form No.1 shall be
issued together with this Circular.
Article 4. Application for
issuance of work permits
1. The written request for issuance of work
permits submitted by organizations stipulated in Clause 2 Article 2 hereof to
the Employment Department (the Ministry of Labor, War Invalids and Social Affairs)
following the Form No.2 enclosed herein.
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3. The authenticated duplicate of the original
passport or valid substitutes or international travel documents in accordance
with legal regulations.
4. 2 color photos (size 3cm x 4cm, white
background, with face straight on, bare head and without wearing color
glasses). These photos are taken within the past 6 months.
Article 5. Process for issuance
of work permits
1. Within a permitted duration of at least 10
working days from the date on which science and technology experts plan to
start their work in Vietnam, organizations must send 01 set of documents to
apply for issuance of work permits in person or by post to the Employment
Department (the Ministry of Labor, War Invalids and Social Affairs), or email
them to the website http://www.vieclamvietnam.gov.vn.
2. Within a permitted duration of 03 working
days of receipt of all required documents, the Employment Department (the
Ministry of Labor, War Invalids and Social Affairs) shall issue work permits to
science and technology experts. In case of refusing to issue work
permits, the Department is obliged to respond in writing to applicants in which
reasons for such refusal must be clearly stated by following the Form No. 3
enclosed herein.
Article 6. Period of
validity of a work permit
The period of validity of a work permit shall be
issued as requested by organizations and must be relevant to the written
consent granted by competent authorities or the written permission granted by
the Prime Minister to hire science and technology experts in accordance with
Clause 2 Article 4 hereof, but shall be restricted to less than 2 years.
Article 7. Circumstances
under which reissuance of work permits is allowed
1. Work permits have been lost, damaged,
contents provided on issued work permits have been changed, except when holders
of work permits change to other organizations.
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Article 8. Application for
reissuance of work permits
1. The written request for reissuance of work
permits following the Form No.2 enclosed herein.
2. Issued work permits.
a) If work permits have been lost, a written
confirmation should be obtained from the ward-level Police in Vietnam or the
foreign Police in accordance with legal regulations;
b) If contents provided on work permits have
been changed as prescribed in Clause 1 Article 7 hereof, written proofs must be
shown.
3. 2 color photos (size 3cm x 4cm, white
background, with face straight on, bare head and without wearing color
glasses). These photos are taken within the past 6 months.
As for documents stipulated in Clause 2 of this
Article, 1 copy together with the original one for collation purpose, or 1
authenticated copy of the original documents, is required.
In case of foreign documents issued overseas, they must be
legalized by consulates and translated into Vietnamese with the translator's authenticated
signature on that translation in accordance with Vietnamese laws.
Article 9. Process for
reissuance of work permits
1. In the event of reissuance of work permits in
accordance with Clause 2 Article 7 hereof, within a permitted period of 60
working days before the end of validity, organizations must send 01 set of
documents to apply for reissuance of work permits in person or by post to the
Employment Department (the Ministry of Labor, War Invalids and Social Affairs),
or email them to the website http://www.vieclamvietnam.gov.vn.
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Article 10. Period of
validity of a reissued work permit
1. The period of validity of a work permit
reissued under the circumstance stipulated Clause 1 Article 7 hereof is equal
to the period of validity of an issued work permit minus the period for which
science and technology experts have worked till the date of application for
reissuance of that work permit.
2. The period of validity of a work permit
reissued under the circumstance stipulated in Clause 2 Article 7 hereof shall
be the period requested by organizations and must be relevant to the written
consent granted by competent authorities or the written permission granted by
the Prime Minister to hire science and technology experts in accordance with
Clause 2 Article 4 hereof, but shall be restricted to less than 2 years.
Article 11. Receipt of
issued or reissued work permits
1. Organizations shall receive issued or
reissued work permits at the Employment Department (the Ministry of Labor, War
Invalids and Social Affairs) or at the address specified on the written request
for issuance or reissuance of work permits.
2. In case organizations email their application
for issuance of work permits in accordance with Article 4 hereof, or for
reissuance of work permits in accordance with Article 8 hereof to the Website
http://www.vieclamvietnam.gov.vn, before receiving work permits, they are
required to submit 1 hard copy of documents submitted to apply for issuance or
reissuance of work permits in accordance with Article 4 or Article 8 hereof in
person or by post to the Employment Department (the Ministry of Labor, War
Invalids and Social Affairs).
Article 12. Circumstances
under which issuance of work permits is not allowed
1. Science and technology experts have worked in
Vietnam for less than 30 days.
2. Under the circumstance stipulated in Clause 1
of this Article, within a permitted duration of at least 10 working days from
the date on which science and technology experts plan to start their work in
Vietnam, organizations shall be responsible for sending their report following
the Form No. 4 enclosed herein to the Employment Department (the Ministry of
Labor, War Invalids and Social Affairs).
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1. Period of validity of work permit ends.
2. Contracts or agreements between organizations
and science and technology experts have ended the validity or have been
terminated.
3. Contents provided in employment contracts are
not consistent with those inscribed in issued work permits.
4. The validity period of the written consent
granted by competent authorities or the written permission granted by the Prime
Minister as stipulated in Clause 2 Article 4 hereof has ended.
5. The written notification obtained from
foreign partners states the cessation of sending science and technology experts
to Vietnam.
6. Vietnamese enterprises, organizations and
partners or foreign non-governmental organizations have terminated its
operation in Vietnam.
7. Science and technology experts are
imprisoned, passed away, or the Court declares that they are dead or have gone
missing.
Article 14. Revocation of
work permits
1. Work permits of which the validity period has
ended as stipulated in Article 13 hereof shall be revoked.
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3. Process for revocation of work permits:
a) Under the circumstance stipulated in Clause 1
of this Article, organizations shall request science and technology experts to
return their work permits and then submit them to the Employment Department
(the Ministry of Labor, War Invalids and Social Affairs);
b) Under the circumstance stipulated in Clause 2
of this Article, the Director of the Employment Department (the Ministry of
Labor, War Invalids and Social Affairs) shall issue the decision to revoke and
notify organizations to revoke work permits of science and technology experts
and then submit them to the Employment Department (the Ministry of Labor, War
Invalids and Social Affairs);
Article 15. Implementation
responsibility
1. Responsibilities of the Employment Department
(the Ministry of Labor, War Invalids and Social Affairs):
a) Organize the propagation and dissemination of
regulations enshrined in this Circular and other regulations enshrined in
Vietnamese labor laws in relation to organizations, and science and technology
experts;
b) Receive applications and issue or reissue
work permits to science and technology experts as stipulated by this Circular;
c) File and store documents on issuance and
reissuance of work permits in accordance with legal regulations.
d) Examine the implementation of legal
regulations on recruitment and management of science and technology experts of
organizations;
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2. Responsibilities of organizations:
a) Implement legal regulations concerning
science and technology experts;
b) Prepare application and go through procedure
for issuance or reissuance of work permits to science and technology experts;
inform science and technology experts who are not issued work permits;
c) Manage documentation and regularly update and
additionally provide documents relating to science and technology experts
working at organizations;
d) Within a permitted period of 10 days from the
date on which work permits end its validity in accordance with Article 13
hereof, compile the list of science and technology experts and send along with
revoked work permits to the Employment Department (the Ministry of Labor, War
Invalids and Social Affairs). Contents provided in the list shall be composed
of full name, birth date, nationality, number of passport or valid substitutes
or international travel documents, work permit number, issuance and reissuance
date and reasons for termination of the validity of each work permit.
dd) Manage science and technology experts
working at organizations.
3. Responsibilities of science and technology
experts:
a) Scrutinize Vietnamese legal regulations on
foreign employees working in Vietnam, and prepare documents included in
applications for issuance or reissuance of work permits;
b) Strictly comply with legal regulations on
recruitment and management of science and technology experts working in Vietnam
as well as other relevant regulations;
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Article 16. Effect
1. This Circular shall enter into force since
October 1, 2015.
2. With regard to science and technology experts
issued work permits in accordance with regulations laid down in the
Government’s Decree No. 102/2013/ND-CP dated September 5, 2013 on providing
specific provisions on implementation of several articles of the Labor Code on
foreign employees working in Vietnam, if these work permits remain valid, they
shall continue to be used till the end of their validity period without needing
to apply for new ones.
In case work permits have ended the validity,
and science and technology experts wish to continue their work, organizations
shall prepare applications for issuance of work permits in accordance with
regulations laid down in Article 4 hereof.
3. In the course of implementation, if there is
any difficulty, the Ministry of Labor, War Invalids and Social Affairs should
be notified of this for instructions and supplementation./.
PP. THE
MINISTER
THE DEPUTY MINISTER
Nguyen Thanh Hoa
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