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MINISTRY OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
5512/VBHN-BLDTBXH
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Hanoi, December
22, 2023
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DECREE
ON
FOREIGN WORKERS WORKING IN VIETNAM AND RECRUITMENT AND MANAGEMENT OF VIETNAMESE
WORKERS WORKING FOR FOREIGN EMPLOYERS IN VIETNAM
Decree No. 152/2020/ND-CP
dated December 30, 2020 of the Government of Vietnam on foreign workers working
in Vietnam and recruitment and management of Vietnamese workers working for
foreign employers in Vietnam, which is amended by:
Decree No. 35/2022/ND-CP
dated May 28, 2022 of the Government of Vietnam on management of industrial
parks and economic zones, which comes into from July 15, 2022.
Decree No. 70/2023/ND-CP
dated September 18, 2023 of the Government of Vietnam on amendments to certain
Articles of Decree No. 152/2020/ND-CP dated December 30, 2020 of the Government
of Vietnam on foreign workers working in Vietnam, and recruitment and
management of Vietnamese workers working for foreign employers in Vietnam,
which comes into force from September 18, 2023.
Pursuant to the Law on Government
Organization dated June 19, 2015 and the Law on Amendments to the Law on
Government Organization and the Law on Local Government Organization dated
November 22, 2019;
Pursuant to the Labor Code
dated November 20, 2019;
Pursuant to the Law on Investment
dated June 17, 2020;
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At the request of the
Minister of Labour, War Invalids and Social Affairs of Vietnam;
The Government hereby
promulgates a Decree on foreign workers working in Vietnam and recruitment and
management of Vietnamese workers working for foreign employers in Vietnam1.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree set forth foreign
workers working in Vietnam and recruitment, management of Vietnamese workers
working for foreign organizations and individuals in Vietnam as required by the
articles and clauses below of the Labor Code:
1. Requirements and procedures
for issuance, re-issuance, renewal and revocation of work permits and certifications
of exemption from work permit obtained by foreign workers in Vietnam as
prescribed in Article 157 of the Labor Code and foreign workers in Vietnam
exempt from work permits as prescribed in clauses 1, 2 and 9 Article 154 of the
Labor Code.
2. Recruitment, recommendation,
management of Vietnamese workers working for foreign organizations and
individuals in Vietnam (hereinafter referred to as foreign employers) as
prescribed in clause 3 Article 150 of the Labor Code.
Article 2. Regulated
entities
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a) performing employment
contracts;
b) performing intra-company
transfer program;
c) performing contracts or
agreements on business, trade, finance, banking, insurance, science and
technology, culture, sports, education, vocational training and health;
d) providing services under
contracts;
dd) offering services;
e) working for foreign
non-governmental organizations or international organizations in Vietnam that
have been granted with operating licenses in accordance with the Vietnam law;
g) working as volunteers;
h) taking charge of
establishing the commercial presence;
i) working as managers,
executives, experts, technical workers;
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l) accompanying members of
foreign representative bodies in Vietnam who are authorized to work in Vietnam
under an international treaty to which the Socialist Republic of Vietnam is a
signatory as their relatives.
2. Employers of foreign workers
include:
a) Enterprises operating in
accordance with the Law on Enterprises, the Law on Investment or international
treaties to which the Socialist Republic of Vietnam is a signatory;
b) Bidders making bids or
performing contracts;
c) Representative offices,
branches of enterprises, agencies or organizations licensed by the competent
authorities;
d) Regulatory agencies,
political organizations, socio-political organizations, socio-political
professional organizations, social organizations or socio-professional
organizations;
dd) Foreign non-governmental
organizations licensed by competent authorities of Vietnam in accordance with
the Vietnam’s laws;
e) Public sector entities,
educational institutions established as per the law;
g) International organizations,
offices of foreign projects in Vietnam; agencies and organizations licensed by
the Government, the Prime Minister, ministries or central authorities as per
the law;
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i) Law-practicing organizations
in Vietnam as per the law;
k) Cooperatives and cooperative
unions established and operated in accordance with the Law on cooperatives; and
l) Household businesses and
individuals licensed to do business in accordance with the law.
3. Foreign organizations in
Vietnam are foreign agencies and organizations authorized by competent
authorities of Vietnam to operate in Vietnam’s territory, including:
a) Diplomatic missions,
consular offices, representative bodies of international organizations of the
United Nations, regional organizations, sub-regional organizations;
b) Resident offices of foreign
news agencies, press agencies, radio and television agencies;
c) International organizations,
inter-governmental organizations, foreign governmental organizations;
d) Foreign non-governmental
organizations licensed by competent authorities of Vietnam as per the law;
dd) Representative offices in
Vietnam of foreign organizations operating in: business, trade, finance,
banking, insurance, science and technology, culture, education, health, foreign
legal counseling.
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5. Vietnamese workers who work
for foreign employers in Vietnam.
6. Employment service providers
and outsourcing enterprises which provide for foreign employers services
related to recruitment, recommendation and management of Vietnamese workers
working for foreign employers in Vietnam.
Article 3. Definitions
1. “intra-company transferee”
means a manager, executive, expert or technical worker of a foreign company
which has established a commercial presence in Vietnam’s territory who is
temporarily transferred within the company to the commercial presence in
Vietnam’s territory and has been recruited by the foreign company at least 12
consecutive months prior to the transfer date.
2. “volunteer” means an unpaid
foreign worker who voluntarily works in Vietnam to implement an international
treaty to which the Socialist Republic of Vietnam is a signatory with
certification of a foreign diplomatic mission or international organization in
Vietnam.
3. "expert” means a
foreign worker who:
a) 2 obtains at least a bachelor’s degree or equivalent
and at least 3 years’ experience in corresponding with the job position that
he/she will be appointed in Vietnam;
b) obtains at least 5 years'
experience and a practicing certificate in corresponding with the job position
that he/she will be appointed in Vietnam; or
c) falls under a special case
subject to decision of the Prime Minister according to a request of the
Ministry of Labor, War Invalids and Social Affairs.
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5. 3 “executive” means any of the following person:
a) The head of a branch,
representative office, or place of business of the enterprise; or
b) The head who directly administers
at least one field of the agency, organization, or enterprise and reports
directly to the head of the agency, organization, or enterprise.
6. “technical worker” means a
foreign worker who:
a) 4 has been trained for at least 1 year and obtains
at least 3 years' experience in corresponding with the job position that he/she
will be appointed in Vietnam;
b) obtains at least 5 years'
experience in corresponding with the job position that he/she will be appointed
in Vietnam.
7. “commercial presence” means
a foreign-invested business entity; representative office, branch of foreign
trader in Vietnam; or executive office of a foreign investor in a business
cooperation contract.
8. “service provider under
contract” means a foreign worker who has worked at least 2 years (24 months)
for a foreign company that has no commercial presence in Vietnam and has met
the requirements of an expert in clause 3 hereof.
9. “service offeror” means a
foreign worker who neither lives in Vietnam nor receives any pay in Vietnam,
and he/she engages in activities related to representation for a service
provider to negotiate the consumption of service of that provider, provided
neither personally selling that service to the general public nor personally
providing that service.
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ACCEPTANCE OF DEMAND FOR FOREIGN WORKERS; FOREIGN
WORKERS EXEMPT FROM WORK PERMITS; ISSUANCE, RE-ISSUANCE, RENEWAL AND REVOCATION
OF WORK PERMITS
Section 1. ACCEPTANCE OF
DEMAND FOR FOREIGN WORKERS
Article 4. Employment of
foreign workers5
1. Determination of demand for
foreign workers
a) At least 15 days before the
date on which foreign workers are expected to be employed, the employer (except
contractor) shall determine the demand for foreign workers for every job
position for which Vietnamese workers are underqualified and send an
explanation report to the Ministry of Labor, War Invalids and Social Affairs or
the Department of Labor, War Invalids and Social Affairs of province where the
foreign workers are expected to work, using Form No. 01/PLI Appendix I hereto
appended.
During the process, in case of
any change to the demand for foreign workers in terms of job position/job
title, working mode, quantity of workers, working locations, the employer shall
send a report to the Ministry of Labor, War Invalids and Social Affairs or
Department of Labor, War Invalids and Social Affairs, using Form No. 02/PLI
Appendix I hereto appended at least 15 days before the date on which the
foreign worker are expected to be employed.
b) If the foreign workers fall
under any case of clause 3, 4, 5, 6 and 8 of Article 154 of the Labor Code and
clauses 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, and 14 Article 7 of this Decree,
the employer is not required to determine the demand for foreign workers.
c) From January 1, 2024, the
announcement of recruitment of Vietnamese workers to positions expected to
recruit foreign workers shall be made on the website of the Ministry of Labor,
War Invalids and Social Affairs (Employment Department) or the website of the
Employment Service Center, which is established by the President of the
People's Committee of province or centrally affiliated city (hereinafter
referred to as province), within at least 15 days from the expected date of
sending an explanation report to the Ministry of Labor, War Invalids and Social
Affairs or the Department of Labor, War Invalids and Social Affairs where the
foreign worker is expected to work. The recruitment announcement shall contain
job position/job title, job description, quantity of workers, required
qualifications and experience, salaries, working time and location. After an
unsuccessful attempt to recruit Vietnamese workers for positions that are expected
to be filled by foreign workers, the employer is responsible for determining
the demand for employing foreign workers in accordance with point a, clause 1
of this Article.
2. The Ministry of Labor, War
Invalids and Social Affairs or the Department of Labor, War Invalids and Social
Affairs shall issue a document specifying acceptable and unacceptable job
positions for foreign workers, using Form No. 03/PLI Appendix I hereto appended
within 10 working days after receiving an explanation report on demand for
foreign workers or report on change thereof.
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1. Before recruiting foreign
workers, the contractor shall specify the quantity, qualifications,
professional competence and experience of foreign workers that are needed for
performance of the package in Vietnam and send a written request for the
recruitment of Vietnamese workers to the job positions expected for foreign
workers to the Department of Labor, War Invalids and Social Affairs6 where the package is
performed, using Form No. 04/PLI Appendix I hereto appended.
If the contractor wishes to
change or increase the declared number of workers, the plan for changing or
increasing demand for workers of such foreign contractor must be certified by
the investor, using Form No. 05/PLI Appendix I hereto appended.
2. The Department of Labor, War
Invalids and Social Affairs shall propose7 local agencies and organizations to recommend and supply
Vietnamese workers to the contractor and cooperate with other local agencies
and organizations in recommending and supplying Vietnamese workers to the
contractor. If Vietnamese workers are not recommended or supplied to the
contractor within 02 months from the day on which a request for recruitment of
500 Vietnamese workers or more is received, or within 01 month from the day on
which a request for recruitment of 100 to fewer than 500 Vietnamese workers is
received, or within 15 days from the day on which a request for recruitment of
fewer than 100 Vietnamese workers is received, the President of the People’s
Committee of province shall consider allowing the contractor to recruit foreign
workers to hold the job positions for which Vietnamese workers are underqualified,
using Form No. 06/PLI Appendix I hereto appended.
3. The investor shall supervise
and request the contractor to conform with the declaration of the employment of
Vietnamese workers and foreign workers; provide guidance, urge and inspect the contractor’s
compliance of the regulations on recruitment and employment of foreign workers
in accordance with the Vietnam’s law; monitor and manage foreign workers’
compliance with the Vietnam's law; prior to July 5 and January 5 of the next
year, the investor shall send a first-half-year report and annual report,
respectively, on employment of foreign workers, using Form No. 07/PLI Appendix
I hereto appended.
The reporting period of the
first 6 months is from December 15 of the previous reporting year to June 14 of
the reporting year, the reporting period of the annual report is from December
15 of the previous reporting year to December 14 of the reporting year.
4. On annual or ad-hoc basis,
the Department of Labor, War Invalids and Social Affairs shall cooperate with
the police authority of province; High Command of the Border guard of province
or relevant entities of the Ministry of National Defense at the border and
checkpoint areas, islands, strategic, key, defense-critical regions and
relevant agencies in inspecting the compliance with the Vietnam’s law by the
foreign workers performing packages in the province and sending inspection
reports to the People's Committee of province, the Ministry of Labor, War
Invalids and Social Affairs, the Ministry of Public Security and the Ministry
of National Defense.
Article 6. Report on
employment of foreign workers
1. Prior to July 5 and January
5 of the following year, the employer of foreign workers shall send a
first-half-year report and an annual report on employment of foreign workers,
using Form No. 07/PLI Appendix I hereto appended. The reporting period of the
first 6 months is from December 15 of the previous reporting year to June 14 of
the reporting year, the reporting period of the annual report is from December
15 of the previous reporting year to December 14 of the reporting year.
2. Prior to July 15 and January
15 of the following year or on ad-hoc basis, Department of Labor, War Invalids
and Social Affairs shall send a report on employment of foreign workers in the
province to the Ministry of Labor, War Invalids and Social Affairs, using Form
No. 08/PLI Appendix I hereto appended. The reporting period of the first 6
months and the whole year complies with regulations of the Government on
reporting regime of regulatory agencies.
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Section 2. FOREIGN WORKERS
EXEMPT FROM WORK PERMITS
Section 7. Foreign workers
exempt from work permits
Without regard to the cases in
clauses 3, 4, 5, 6, 7 and 8 Article 154 of the Labor Code, a foreign worker is
exempt from a work permit if:
1. He/she is the owner or
capital contributor of a limited liability company with a capital contribution
value of at least 3 billion dong.
2. He/she is the Chairperson or
a member of the Board of Directors of a joint-stock company with a capital
contribution value of at least 3 billion dong.
3. He/she is an intra-company
transferee within 11 sectors in the schedule of commitments in services between
Vietnam and WTO, including: business services, communication services,
construction services, distribution services, educational services,
environmental services, financial services, health services, tourism services,
recreational and cultural services, and transport services.
4. He/she enters Vietnam to
provide professional and engineering consulting services or perform other tasks
intended for research, formulation, appraisal, supervision, evaluation,
management and execution of programs and projects using official development
assistance (ODA) in accordance with regulations or agreement in international
treaties on ODA signed between the competent authorities of Vietnam and foreign
countries.
5. He/she is granted a
communication and journalism practicing certificate in Vietnam by the Ministry
of Foreign Affairs as per the law.
6. 9 He/she is sent by a foreign competent
authority or organization to Vietnam to teach or act as a manager or executive
at an educational institution, which is established in Vietnam under a proposal
of a foreign diplomatic mission or intergovernmental organization; or of a facility
which is established under international treaties to which Vietnam is a
signatory.
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8. He/she enters Vietnam to
hold the position of a manager, executive, expert or technical worker for a
period of work of less than 30 days and up to 3 times a year.
9. He/she enters Vietnam to
implement an international agreement to which a central or provincial authority
is a signatory as per the law.
10. He/she is a student
studying at a foreign school or training institution which has a probation
agreement with an agency, organization or enterprise in Vietnam; or a
probationer or apprentice on a Vietnam sea-going ship.
11. He/she is a relative of a
member of foreign representative body in Vietnam as specified in point l clause
1 Article 2 hereof.
12. He/she obtains an official
passport to work for a regulatory agency, political organization, or
socio-political organization.
13. He/she takes charge of
establishing a commercial presence.
14. 10 He/she is certified by the Ministry of Education
and Training as a foreign worker entering Vietnam for the following purposes:
a) Teaching, research;
b) Acting as a manager,
executive, principal, deputy principal of an educational institution, which is
established in Vietnam under a proposal of a foreign diplomatic mission or
intergovernmental organization.
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1. The Ministry of Labor, War
Invalids and Social Affairs or Departments of Labor, War Invalids and Social
Affairs are authorized to grant certification of exemption from work permit.
2. The employer shall request
the Ministry of Labor, War Invalids and Social Affairs or the Department of
Labor, War Invalids and Social Affairs of the province where the foreign worker
is expected to work to certify that such foreign worker is eligible for
exemption from a work permit at least 10 working days before he/she starts to
work.
For any of the circumstances in
clauses 4 and 6 Article 15411
of the Labor Code and clauses 1, 2, 8 and 11 Article 7 of this Decree, the
employer is not required to apply for the certification of exemption but it
must report the Ministry of Labor, War Invalids and Social Affairs or
Department of Labor, War Invalids and Social Affairs of province where the
foreign worker is expected to work, at least 3 working days12 before such foreign worker starts to work in
Vietnam, on the following: full name, age, nationality, passport number, name
of employer, starting date and completion date.
The validity period of a
certification of exemption from work permit is up to 2 years and coincides with
the validity period of any case as prescribed in Article 10 below. If a
certification of exemption from work permit is re-issued, the corresponding
validity period is up to 2 years.
3. Required documents in an
application for exemption from work permit:
a) An application form for
certification of exemption from work permit No. 09/PLI Appendix I hereto
appended;
b) A fitness to work
certificate in accordance with clause 2 Article 9 hereof.
c) An acceptance of demand for
foreign workers, unless it is not required;
d) A valid certified copy of
passport or a valid copy of passport certified by the employer as per the law13;
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e) Any document mentioned in
points b, c and dd of this clause is 1 original or certified true copy; if a
document is written in a foreign language, it must be consularly legalized,
translated into Vietnamese and notarized or certified14, unless it is exempt from consular legalization
under an international treaty to which the Socialist Republic of Vietnam and
the concerned foreign country are signatories or under the principle of
reciprocity or as per the law.
4. Within 5 working days after
receiving a duly completed application, the Ministry of Labor, War Invalids and
Social Affairs or Department of Labor, War Invalids and Social Affairs shall
issue a certification of exemption from work permit, using Form No. 10/PLI
Appendix I hereto appended. If the application is rejected, a written explanation
is required.
Section 3. ISSUANCE OF WORK
PERMITS
Article 9. Application for
issuance of a work permit
1. 15 An application form for issuance of work permit
No. 11/PLI Appendix I hereto appended, filed by the employer. In case a foreign
worker works for one employer at more than one location, the application for
work permit must fully list their working locations.
2. A fitness to work
certificate issued by a foreign or Vietnamese competent health facility issued
within 12 months before the submission date of the application or the
certificate as specified in regulations of the Minister of Health.
3. A police (clearance)
certificate or a document certifying that the foreign worker is not serving a
sentence, has a criminal record expunged or is not facing a criminal
prosecution which is issued by a foreign or Vietnamese authority.
The foregoing police
(clearance) certificate or document certifying that the foreign worker is not
serving a sentence, has a criminal record expunged or is not facing a criminal
prosecution must be issued within 6 months before the submission date of the
application.
4. Proofs as a manager,
executive, expert, technical and certain jobs, works as follows:
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The company's charter or
operation regulations of agency, organization, or enterprise; Certificate of
enterprise registration or certificate of establishment or establishment
decision or other document of equivalent legal validity;
Resolution or appointment
decision of the agency, organization, or enterprise.
b) 17 Proof as an expert, technical worker as
prescribed in clauses 3, 6 Article 3 hereof, including 2 documents as follows:
Diploma or certificate;
Certification of foreign
agency, organization, or enterprise in respect of number of years’ experience
of the expert or technical worker, a work permit, or a certification of
exemption from work permit;
c) Proof of experience of
foreign football player or an international transfer certificate (ITC) issued
to the foreign football player or a document of the Vietnam Football Federation
which certifies temporary or official registration of a player of club
affiliated to Vietnam Football Federation.
d) A pilot license issued by a
Vietnamese competent authority, or issued by a foreign competent authority and
validated by the Vietnamese competent authority, in case of a foreign pilot; or
a certificate of eligibility for working on aircraft issued by the Ministry of
Transport, in case of a flight attendant;
dd) A certificate of competency
in aviation maintenance issued by a Vietnamese competent authority, or issued
by a foreign competent authority and validated by the Vietnamese competent
authority, in case of a foreign worker who performs maintenance on aircraft;
e) A certificate of competency
or validation of certificate of competence issued by a Vietnamese competent
authority to a foreign seafarer;
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h) A diploma issued by the
competent authority in accordance with qualifications or standard
qualifications in the Law on Education, the Law on Higher Education, the Law on
Vocational Education and Regulation on organization and operation of foreign
language and computer training centers issued by the Minister of Education and
Training.
5. 02 color photos (4cm x 6cm
size, white background, front view, bare head, no color glasses), taken within
6 months before the submission date of application.
6. An acceptance of demand for
foreign workers, unless it is not required.
7. A valid certified copy of
passport or copy of passport certified by the employer18 as per the law.
8. Documents relevant to
foreign workers, except for the foreign workers specified in point a clause 1
Article 2 of this Decree19:
a) For a foreign worker
specified in point b clause 1 Article 2 hereof, he/she must obtain a document
issued by the foreign company to send him/her to work at a commercial presence
of that company in Vietnam’s territory and a document justifying that he/she
has been recruited by the foreign company at least 12 consecutive months prior
to the transfer date;
b) For a foreign worker
specified in point c clause 1 Article 2 hereof, an agreement or arrangement
concluded between Vietnamese and foreign partners is required, which specifies
the arrangement about sending foreign workers to Vietnam;
c) For a foreign worker
specified in point d clause 1 Article 2 hereof, a service contract concluded
between Vietnamese and foreign partner is required and a document justifying
that he/she has worked for the foreign company that has no commercial presence
in Vietnam at least 2 years;
d) For a foreign worker
specified in point dd clause 1 Article 2 hereof, he/she must obtain a document
issued by the service provider to send him/her to Vietnam to negotiate the
service provision;
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e) 20 As for a foreign worker specified in point i
clause 1 Article 2 hereof, he/she must obtain a document issued by the foreign
enterprise, agency, or organization to send him/her to work in Vietnam that is
conformable with the expected job position, or proof as a manager as prescribed
in clause 4 Article 3 of this Decree.
9. Application for issuance of
work permit in special cases:
a) If a foreign worker who has
been issued with a work permit which remains valid wishes to work for another
employer at the same job position and job title in the work permit, an
application for a new work permit shall include: a document issued by the
former employer certifying that he/she has been working there, documents
mentioned in clauses 1, 5, 6, 7 and 8 of this Article and a certified true copy
of the current work permit;
b) If a foreign worker who has
been issued with a work permit which remains valid wishes to work for the same
employer but at another job position or job title or working form in the work
permit, an application for a new work permit shall include the documents
mentioned in clauses 1, 4, 5, 6, 7 and 8 hereof and the current work permit or
a certified true copy of the current work permit.
c) 21 Foreign experts or technical workers who have
been granted a work permit and have been extended once may apply for a new work
permit with the same job position and job title by submitting the following
documents: documents specified in clauses 1, 2, 5, 6, 7, and 8 of this Article
and a copy of the issued work permit.
10. Consular legalization and
certification of documents:
Any document mentioned in
clauses 2, 3, 4, 6 and 8 hereof is 1 original or certified true copy; for
documents of foreign countries, unless they are exempt from consular
legalization under an international treaty to which the Socialist Republic of
Vietnam and the concerned foreign country are signatories or under the
principle of reciprocity or as per the law, they must be consularly legalized,
translated into Vietnamese and notarized or certified22.
Article 10. Validity period
of a work permit
The validity period of a work
permit shall coincide with any of the period/duration below but not exceeding 2
years:
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2. Duration of the foreign
worker’s assignment in Vietnam.
3. Duration of the contract or
agreement concluded between Vietnamese and foreign partners.
4. Duration of the service
contract or agreement concluded between Vietnamese and foreign partners.
5. Duration determined in the
document issued by the service provider to send the foreign worker to Vietnam
to negotiate the service provision.
6. Validity period in the
operation license of the agency, organization or enterprise.
7. Duration determined in the
document issued by the service provider to send the foreign worker to Vietnam to
establish a commercial presence.
8. Duration stated in a
document proving the foreign worker’s eligibility to participate in the
operation of a foreign company that has established its commercial presence in
Vietnam.
9. Duration stated in the
acceptance of employment of foreign worker unless a report on demand for
foreign workers as specified in point b clause 1 Article 4 hereof is not
required.
Article 11. Procedures for
issuance of a work permit
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a) the employer, if the foreign
worker moves to Vietnam for employment for the purposes specified in points a,
b, e, g, i and k clause 1 Article 2 hereof;
b) the Vietnamese agency,
organization or enterprise, or foreign organization or enterprise operating in
Vietnam for which the foreign worker is expected to work, if the foreign worker
moves to Vietnam for employment for the purposes specified in points c and d
clause 1 Article 2 hereof; or
c) the foreign service offeror
in Vietnam, or the person in charge of establishing a commercial presence as
prescribed in points dd and h clause 1 Article 2 hereof.
2. 23 Within 5 working days after receiving a duly
completed application, the Ministry of Labor, War Invalids and Social Affairs
or Department of Labor, War Invalids and Social Affairs of province where the
foreign worker is expected to work shall issue a work permit to the foreign
worker, using Form No. 12/PLI Appendix I hereto appended. If the application is
rejected, a written explanation is required.
The work permit is A4 size (21
cm x 29.7 cm) and consists of 2 pages: page 1 is blue; page 2 has a white
background, blue pattern, and a star in the middle. The work permit is coded as
follows: the code of the province, and the code of the Ministry of Labor, War
Invalids and Social Affairs according to Form No. 16/PLI Appendix I promulgated
together with this Decree; last 2 digits of the year of issuance of the work
permit; type of work permit (new issuance: 1; renewal: 2; re-issuance: 3);
number order (from 000.001).
If the work permit is made in
electronic form, it must comply with relevant laws and have information as
specified in Form No. 12/PLI Appendix I promulgated together with this Decree.
3. For a foreign worker
specified in point a clause 1 Article 2 hereof, after the foreign worker is
issued with a work permit, the employer and the foreign worker must sign a
written employment contract as per Vietnam’s labor law before the date on which
the foreign worker is expected to work.
The employer shall send that
employment contract to the competent authority that issued that work permit.
The employment contract is the original or a certified true copy.
Section 4. RE-ISSUANCE OF
WORK PERMIT
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1. The unexpired work permit is
lost.
2. The unexpired work permit is
damaged.
3. 24 Changes to any of the following: full name,
nationality, passport number, working location, enterprise‘s name without
changing the enterprise identification number stated in the unexpired work
permit.
Article 13. Application for
re-issuance of a work permit
1. An application form for
re-issuance of work permit made by the employer No. 11/PLI Appendix I hereto appended.
2. 02 color photos (4cm x 6cm
size, white background, front view, bare head, no color glasses), taken within
6 months before the submission date of application.
3. The unexpired work permit:
a) If the work permit is lost
as specified in clause 1 Article 12 hereof, a certification issued by the
police authority of commune where the foreign worker resides or by a foreign
competent authority as per the law is required;
b) In case of changes of
information in the work permit, supporting documents are required.
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5. Any document mentioned in
clause 3 hereof26 is
1 original or certified true copy except for the document in clause 1 Article
12 hereof; if a document is written in a foreign language, it must be
consularly legalized, translated into Vietnamese and notarized or certified27, unless it is exempt
from consular legalization under an international treaty to which the Socialist
Republic of Vietnam and the concerned foreign country are signatories or under
the principle of reciprocity or as per the law
Article 14. Procedures for
re-issuance of a work permit
Within 3 working days after
receiving a duly completed application, the Ministry of Labor, War Invalids and
Social Affairs or Department of Labor, War Invalids and Social Affairs shall
re-issue a work permit. If the application is rejected, a written explanation
is required.
Article 15. Validity period
of re-issued work permit
The validity period of the
re-issued work permit shall coincide with that of the former work permit less
the duration that the foreign worker has worked up to the submission date of
the re-issuance application.
Section 5. RENEWAL OF WORK
PERMIT
Article 16. Eligibility
requirements for renewal of a work permit
1. The remaining validity
period of the work permit is at least 5 days but not exceeding 45 days.
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3. A document supporting that
the foreign worker will continue in employment with the employer as specified
in the concerned work permit is available.
Article 17. Application for
renewal of a work permit
1. An application form for
renewal of work permit made by the employer No. 11/PLI Appendix I hereto
appended.
2. 02 color photos (4cm x 6cm
size, white background, front view, bare head, no color glasses), taken within
6 months before the submission date of application.
3. The unexpired work permit:
4. An acceptance of demand for
foreign workers, unless it is not required.
5. A valid certified copy of
passport or copy of passport certified by the employer28 as per the law.
6. A fitness to work
certificate in accordance with clause 2 Article 9 hereof.
7. 29 Any document specified in clause 8
Article 9 hereof to support that the foreign worker will continues in
employment with the employer as specified in the concerned work permit unless
the foreign worker has the working purpose as prescribed in point a clause 1
Article 2 of this Decree.
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Article 18. Procedures for
renewal of a work permit
1. At least 5 days but not
exceeding 45 days before the expiry date of the worker permit, the employer
shall submit an application for renewal of a work permit to the Ministry of
Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and
Social Affairs which issued that work permit.
2. Within 5 working days after
receiving a duly completed application, the Ministry of Labor, War Invalids and
Social Affairs or Department of Labor, War Invalids and Social Affairs shall
renew the work permit. If the application is rejected, a written explanation is
required.
3. For a foreign worker
specified in point a clause 1 Article 2 hereof, after his/her work permit is
renewed, the employer and the foreign worker must sign a written employment
contract as per Vietnam’s labor law before the date on which the foreign worker
is expected to work.
The employer shall send that
employment contract to the competent authority that issued that work permit.
The employment contract is the original or a certified true copy.
Article 19. Validity period
of a renewed work permit
Validity period of a renewed
work permit shall coincide with any of the period/duration prescribed in
Article 10 but it is only renewed once for a period of up to 2 years.
Section 6. REVOCATION OF
WORK PERMIT
Article 20. Cases of
revocation of a work permit
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2. The employer or the foreign
worker fails to comply with this Decree.
3. The foreign worker, during
his/her employment in Vietnam, fails to abide by Vietnam’s law which
compromises security and social order.
Article 21. Procedures for
revocation of a work permit
1. For the case in clause 1
Article 20 hereof, within 15 days after the work permit ceases to be effective,
the employer shall revoke the work permit of the foreign worker and return it
to the Ministry of Labor, War Invalids and Social Affairs or Department of
Labor, War Invalids and Social Affairs which issued that work permit and
enclose a document specifying reasons for revocation and work permits subject
to revocation but cannot be revoked.
2. For the cases in clauses 2,
3 Article 20 hereof, the Ministry of Labor, War Invalids and Social Affairs or
Department of Labor, War Invalids and Social Affairs which issued the work permit
shall issue a decision on revocation of work permit, using Form No. 13/PLI
Appendix I hereto appended and request the employer to revoke the work permit
of the foreign worker and then return it to the Ministry of Labor, War Invalids
and Social Affairs or Department of Labor, War Invalids and Social Affairs.
3. Within 5 working days after
receiving the said work permit, the Ministry of Labor, War Invalids and Social
Affairs or Department of Labor, War Invalids and Social Affairs shall send an
acknowledgement of receipt of the revoked work permit to the employer.
Chapter III
RECRUITMENT, MANAGEMENT OF VIETNAMESE WORKERS WORKING
FOR FOREIGN EMPLOYERS IN VIETNAM
Article 22. Power to recruit
and manage Vietnamese workers working for foreign employers
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a) Organizations that are
empowered by the Ministry of Foreign Affairs through delegation, authorization,
assignment, commission or procurement;
b) 31 Organizations that are empowered by the People’s
Committee of province through delegation, authorization, assignment, commission
or procurement.
2. The organizations specified
in point a clause 1 of this Article are entitled to recruit and manage
Vietnamese workers working for foreign employers below:
a) Foreign organizations
mentioned in points a, b, c and d clause 3 Article 2 hereof;
b) Foreign individuals who are
working for foreign organizations mentioned in points a, b, c and d clause 3
Article 2 hereof.
3. The organizations specified
in point b clause 1 of this Article are entitled to recruit and manage
Vietnamese workers working for foreign employers below:
a) Foreign organizations
mentioned in point dd clause 3 Article 2 hereof;
b) Foreign individuals who are
working for the foreign organizations specified in point dd clause 3 Article 2
hereof or persons who are authorized by competent authorities in Vietnam to
reside in Vietnam.
Article 23. Application for
job of a Vietnamese worker
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2. A certified true copy of any
of the following: birth certificate or ID card or citizen identification card.
3. A fitness to work
certificate issued by a competent health facility issued within 12 months
before the submission date of the application.
4. A certified true copy of
diploma or certificate of professional qualifications and foreign language
relating to the job for which the foreign worker applies. If the document is
written in a foreign language, it must be consularly legalized, translated into
Vietnamese and notarized or certified32, unless it is exempt from consular legalization under an
international treaty to which the Socialist Republic of Vietnam and the
concerned foreign country are signatories or under the principle of reciprocity
or as per the law.
Article 24. Procedures for
recruitment of Vietnamese workers working for foreign employers
1. If foreign employers wish to
employ Vietnamese workers, they may recruit by themselves or authorize
employment service providers, outsourcing enterprises, or recruitment and
management organizations to do so.
2. If the foreign employer
chooses a recruitment and management organization, a request for recruitment of
Vietnamese workers shall be sent to that recruitment and management
organization. The request shall specify requirements for job positions,
quantity, professional qualifications, proficiency of foreign language,
recruitment duration, rights and obligations of Vietnamese workers and the
foreign employer during the employment time and upon severance for every job
vacancy.
Within 15 working days after
receiving such a request, the recruitment and management organization shall
initiate the recruitment and management of Vietnamese workers as requested. If
the recruitment and management organization fails to recruit or recommend
Vietnamese workers upon the request when the time required has elapsed, it
shall provide explanation in writing.
3. Within 7 working days after
entering into an employment contract with a Vietnamese worker, the foreign
employer shall send a notice enclosed with a certified true copy of the
employment contract and the documents specified in clauses 2 and 4 Article 23
of this Decree to the recruitment and management organization. If the
employment contract is made in a foreign language, a Vietnamese translation is
required.
Article 25. Responsibilities
of a Vietnamese worker working for a foreign employer
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2. Abide by the terms and
conditions of the employment contract concluded with the foreign employer.
3. Comply with regulations of
the recruitment and management organization.
Article 26. Responsibilities
of a foreign employer in Vietnam upon employment of Vietnamese workers
1. Comply with the Labor Code
and applicable regulations.
2. Abide by the employment
contract concluded with Vietnamese workers.
3. Before December 15 or on an
ad-hoc basis, the foreign employer shall send an annual report on recruitment
and employment of Vietnamese workers, using Form No. 02/PLII Appendix II hereto
appended. The reporting period is from December 15 of the previous year to
December 14 of the reporting year and the report shall be sent as follows:
a) The foreign employers
provided for in points a, b, c and d clause 3 Article 2 hereof shall send
reports to recruitment and management organizations as provided in point a
clause 1 Article 22 hereof;
b) The foreign employers
provided for in points dd clause 3 Article 2 hereof shall send reports to
recruitment and management organizations as provided in point b clause 1
Article 22 hereof.
Article 27. Responsibilities
of recruitment and management organizations
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2. Initiate recruitment, management
of Vietnamese workers working for foreign employers.
3. Provide training and
advanced training programs for Vietnamese workers as per the law to meet
requirements of foreign employers.
4. Before December 20 or on an
ad-hoc basis, recruitment and management organizations shall send annual
reports on recruitment and employment of Vietnamese workers working for foreign
employers, using Form No. 03/PLII Appendix II hereto appended. The reporting
period is from December 15 of the previous year to December 14 of the reporting
year and the report shall be sent as follows:
a) The organizations that are
empowered by the Ministry of Foreign Affairs to recruit and manage Vietnamese
workers working for foreign employers through delegation, authorization, assignment,
commission or procurement shall send reports to the Ministry of Foreign
Affairs;
b) 33 The organizations that are empowered by the
People’s Committee of province to recruit and manage Vietnamese workers working
for foreign employers through delegation, authorization, assignment, commission
or procurement shall send reports to the Department of Labor, War Invalids and
Social Affairs.
5. Propose competent
authorities to take actions against any violation of this Decree.
6. Perform other tasks as per
the law.
Article 28. Responsibilities
of employment service providers, outsourcing enterprises
Before December 15 or on an
ad-hoc basis, employment service providers, outsourcing enterprises shall send
reports on supply or outsourcing of Vietnamese workers, using Form No. 04/PLII
Appendix II hereto appended to the recruitment and management organizations.
The reporting period is from December 15 of the previous year to December 14
the reporting year.
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IMPLEMENTATION PROVISIONS34
Article 29. Entry into force
1. This Decree comes into force
as of February 15, 2021.
2. Decree No. 11/2016/ND-CP
dated February 3, 2016 on elaboration of certain articles of the Labor Code
regarding foreign workers in Vietnam (hereinafter referred to as Decree No.
11/2016/ND-CP), amended by Decree No. 140/2018/ND-CP on amendments to Decrees
related to business conditions and administrative procedures under the
management of the Ministry of Labor, War Invalids and Social Affairs
(hereinafter referred to as Decree No. 140/2018/ND-CP) and Decree No.
75/2014/ND-CP dated July 28, 2014 on elaboration of certain articles of the
Labor Code on recruitment and management of Vietnamese workers working for
foreign organizations and individuals shall cease to be effective since the
date of entry into force of this Decree.
3. Transition provisions:
a) Documents such as acceptance
of employment of foreign workers, certification of exemption from work permit
and work permits that were issued or re-issued as per Decree No. 11/2016/ND-CP,
amended by Decree No. 140/2018/ND-CP will remain valid until their expiry;
b) Employment contracts of
foreign workers in Vietnam that were signed and are still in force before the
date of entry into force of this Decree will remain valid until the work
permits that were issued as per Decree No. 11/2016/ND-CP, amended by Decree No.
140/2018/ND-CP expire.
Article 30. Responsibility
for implementation
1. Responsibilities of the
Ministry of Labor, War Invalids and Social Affairs:
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Working for employers specified
in point g clause 2 of Article 2, and employers specified in points c, d, e
clause 2 Article 2 of this Decree which are established under approvals of the
Government, the Prime Minister, Ministry, ministerial-level agency, or
Governmental agency;
Working for an employer in
multiple provinces;
b) The employer provided for in
point a clause 2 Article 2 whose representative office or branch is located in
a province or city other than province or city where it is headquartered and
the employer specified in point dd clause 2 Article 2 of this Decree may seek
the acceptance of demand for foreign workers; certification of exemption from
work permit; issuance, re-issuance, renewal and revocation of work permits from
the Ministry of Labor, War Invalids and Social Affairs;
c) 36 Perform the state management of recruitment and
management of foreign workers working in Vietnam from the central to local
level, management of Vietnamese workers working for foreign employers in
Vietnam;
d) Take charge and cooperate
with ministries and central authorities in supervising, evaluating, and
inspecting, on an annual or ad-hoc basis, agencies, organizations and
enterprises relevant to implementation of regulations on foreign workers
working in Vietnam and Vietnamese workers working for foreign employers in
Vietnam;
dd) Take charge and cooperate
with ministries, central authorities and local authorities in guiding,
propagating, obtaining information, studying and evaluating the effectiveness
of this Decree;
e) Send consolidated reports on
foreign workers working in Vietnam and Vietnamese workers working for foreign
employers in Vietnam to the Prime Minister upon requests;
g) Propose and take actions
against violations of this Decree.
2. Responsibilities of the
Ministry of Foreign Affairs:
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b) Manage the organizations
that are empowered by the Ministry of Foreign Affairs to recruit and manage
Vietnamese workers working for foreign employers through delegation,
authorization, assignment, commission or procurement;
c) Provide guidelines for
recruitment and management of Vietnamese workers working for foreign employers
as prescribed in points a, b, c and d clause 3 Article 2 hereof;
d) Before December 20 or on an
ad-hoc basis, the Ministry of Foreign Affairs shall send the Ministry of Labor,
War Invalids and Social Affairs a report on recruitment and employment of
Vietnamese workers working for foreign employers, using Form No. 03/PLII
Appendix II hereto appended. The reporting period of an annual report complies
with regulations of the Government on reporting regime of regulatory agencies.
3. 37 Responsibilities of the
Ministry of National Defense:
a) Cooperate with competent
authorities in enforcing foreign workers, Vietnamese workers working for
foreign employers to comply with regulations of law on security, social safety
and order in border and checkpoint areas, islands, strategic, key, defense-critical
regions.
b) Direct the Border Guards to
coordinate with functional forces in managing and inspecting Vietnamese
laborers working for foreign employers in Vietnam and foreign workers working
in border and checkpoint areas, islands, and maritime areas in order to firmly
protect territorial sovereignty, security, national borders of the Fatherland.
4. Responsibilities of the
Ministry of Public Security:
a) 38 Send monthly reports on foreign workers working
for agencies, organizations, enterprises who are issued with visas marked: DN1,
DN2, LV1, LV2, LD1, LD2, DT1, DT2, DT3, DT4 to the Ministry of Labor, War
Invalids and Social Affairs;
b) Cooperate with competent
authorities in enforcing Vietnamese workers working for foreign employers and
foreign employers employing Vietnamese workers to comply with regulations of
law on security, social safety and order.
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a) Manage and guide local
authorities to comply with regulations on foreign workers working in Vietnam
and Vietnamese workers working for foreign employers in Vietnam;
b) Direct local specialized
agencies in propagating, raising public awareness of law; inspecting and taking
actions against violations of regulations on foreign workers working in Vietnam
and Vietnamese workers working for foreign employers in Vietnam in the
provinces;
c) 39 (annulled)
d) 40 (annulled)
dd) 41 (annulled)
6. Responsibilities of the
Department of Labor, War Invalids and Social Affairs:
a) 42 Consider accepting demand for foreign workers;
certifying exemption from work permits; issuing, re-issuing, renewing and
revoking work permits from foreign workers who work for the employers in any of
the following cases:
The employers are specified in
points a, b, h, i, k, l clause 2 Article 2 and agencies, organizations
specified in points c, d, e clause 2 Article 2 of this Decree, which are
established by the People’s Committee of province, specialized agency
affiliated to the People’s Committee of province, or the People's Committee of
district;
Working for an employer in
multiple places in the same province or central-affiliated city;
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c) Upon receipt of an
application for issuance, re-issuance, or renewal of work permit, or exemption
from work permit, the Department of Labor, War Invalids and Social Affairs
shall document it in a logbook Form No. 14/PLI Appendix I hereto appended and
give the employer an acknowledgement of receipt. The acknowledgement must
specify the date of receipt; documents in the application and time limit for a
response;
d) If the application for exemption
from work permit; issuance, re-issuance, renewal of work permit is rejected, it
shall give a response in writing using Form No. 15/PLI Appendix I hereto
appended;
dd) Take charge and cooperate
with local agencies in guiding and propagating this Decree;
e) Perform the state management
of recruitment and management of foreign workers working in Vietnam and
Vietnamese workers working for foreign employers within the ambit of the
province/city;
g) 43 (annulled)
h) Inspect and supervise the
compliance with law of foreign workers in Vietnam and recruitment and
management of foreign workers working in Vietnam and Vietnamese workers working
for foreign employers within the ambit of the province/city;
i) Before December 30 or on an
ad-hoc basis, the Department of Labor, War Invalids and Social Affairs shall
send the Ministry of Labor, War Invalids and Social Affairs a report on
recruitment and employment of Vietnamese workers working for foreign employers,
using Form No. 03/PLII Appendix II hereto appended. The reporting period of an
annual report complies with regulations of the Government on reporting regime
of regulatory agencies.
6a. 44 For employees working at industrial parks and
economic zones, industrial park and economic zone authorities shall perform the
following duties:
a) 45 (annulled)
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c) Receive annual reports on
performance of training and coaching courses aimed at improving occupational
skills and qualifications;
d) Receive notification of
overtime work for more than 200 - 300 hours each year from enterprises.
7. Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies, the Presidents of
People’s Committees of provinces or central-affiliated cities and relevant
entities shall implement this Decree./.
CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Le Van Thanh
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“The Law on Governmental
Organization dated June 19, 2015; Law on amendments to the Law on Governmental
Organization and the Law on Local Government Organization dated November 22,
2019;
The Labor Code dated
November 20, 2019;
The Law on Investment dated
June 17, 2020;
The Law on Enterprises dated
June 17, 2020;
At the request of the
Minister of Labour, War Invalids and Social Affairs of Vietnam;
The Government promulgates a
Decree on amendments to the Government’s Decree No. 152/2020/ND-CP dated
December 30, 2020 on foreign workers working in Vietnam, and recruitment and
management of Vietnamese workers working for foreign employers in Vietnam.”.
Decree No. 35/2022/ND-CP
dated May 28, 2022 of the Government of Vietnam on management of industrial
parks and economic zones, which comes into from July 15, 2022, is pursuant to:
“The Law on Governmental
Organization dated June 19, 2015; Law on amendments to the Law on Governmental
Organization and the Law on Local Government Organization dated November 22,
2019;
The Law on Investment dated
June 17, 2020;
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Pursuant to the Law on
Public Investment dated June 13, 2019;
The Law on Planning dated
November 24, 2017; the Law on Amendments and Supplements to several Articles of
37 Laws related to planning dated November 20, 2018;
The Land Law dated November
29, 2013;
The Construction Law dated
June 18, 2014 and the Law amending certain Articles of the Construction Law
dated June 17, 2020;
The Law on Real Property
Business dated November 25, 2014;
The Law on Environmental
Protection dated November 17, 2020;
The Law on Residence dated
November 13, 2020;
The Law on Entry, exit,
transit, and residence of foreigners in Vietnam dated June 16, 2014; the Law on
amendments to certain Articles of the Law on Entry, exit, transit, and
residence of foreigners in Vietnam dated November 25, 2019;
The Labor Code dated
November 20, 2019;
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2This
Point is amended and supplemented as prescribed in Point a Clause 1 Article 1
of Decree No. 70/2023/ND-CP, which comes into force from September 18, 2023.
3This
Clause is amended and supplemented according to Point b Clause 1 Article 1 of Decree
No. 70/2023/ND-CP, which comes into force from September 18, 2023.
4This
Point is amended and supplemented as prescribed in Point c Clause 1 Article 1
of Decree No. 70/2023/ND-CP, which comes into force from September 18, 2023.
5This
Article is amended and supplemented according to regulations in clause 2
Article 1 of Decree No. 70/2023/ND-CP, which comes into force from September
18, 2023.
6
The phrase “Chủ tịch Ủy ban nhân dân cấp tỉnh” (“President of the
People's Committee of the province") is replaced with the phrase “Sở Lao
động - Thương binh và Xã hội” ("Department of Labor, War Invalids and
Social Affairs") according to Point a Clause 13 Article 1 of Decree No.
70/2023/ND-CP, which comes into force from September 18, 2023.
7The
phrase “Chủ tịch Ủy ban nhân dân cấp tỉnh chỉ đạo” ("The President of the
People's Committee of the province shall direct") is replaced with the phrase
“Sở Lao động - Thương binh và Xã hội đề nghị” (“the Department of Labor, War
Invalids and Social Affairs shall propose" according to Point a Clause 13
Article 1 of Decree No. 70/2023/ND-CP, which comes into force from September 18,
2023.
8This
Clause is supplemented according to clause 3 Article 1 of Decree No.
70/2023/ND-CP, which comes into force from September 18, 2023.
9This
Clause is amended and supplemented according to Point a Clause 4 Article 1 of
Decree No. 70/2023/ND-CP, foreign individuals in Vietnam, which comes into
force from September 18, 2023.
10This
Clause is amended and supplemented according to Point b Clause 4 Article 1 of
Decree No. 70/2023/ND-CP, which comes into force from September 18, 2023.
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12The
phrase “3 ngày” ("3 days") is replaced with the phrase “3 ngày làm việc”
("3 working days") according to Point b Clause 13 Article 1 of Decree
No. 70/2023/ND-CP, which comes into force from September 18, 2023.
13The
phrase “Bản sao có chứng thực hộ chiếu” ("Certified copy of passport")
is replaced with the phrase “Bản sao có chứng thực hộ chiếu hoặc bản sao hộ
chiếu có xác nhận của người sử dụng lao động” ("Certified copy of passport
or copy of passport certified by the employer") according to Point g
Clause 13 Article 1 of Decree No. 70/2023/ND-CP, which comes into force from
September 18, 2023.
14The
phrase “dịch ra tiếng Việt và có chứng thực” ("translated into Vietnamese
and certified") is replaced with the phrase “dịch ra tiếng Việt và công chứng
hoặc chứng thực” ("translated into Vietnamese and notarized or
certified") according to Point c Clause 13 Article 1 of Decree No.
70/2023/ND-CP, which comes into force from September 18, 2023.
15This
Clause is amended and supplemented according to Point a Clause 5 Article 1 of
Decree No. 70/2023/ND-CP, which comes into force from September 18, 2023.
16This
Point is amended and supplemented as prescribed in Point b Clause 5 Article 1
of Decree No. 70/2023/ND-CP, which comes into force from September 18, 2023.
17This
Point is amended and supplemented as prescribed in Point b Clause 5 Article 1
of Decree No. 70/2023/ND-CP, which comes into force from September 18, 2023.
18The
phrase “Bản sao có chứng thực hộ chiếu” ("Certified copy of passport")
is replaced with the phrase “Bản sao có chứng thực hộ chiếu hoặc bản sao hộ
chiếu có xác nhận của người sử dụng lao động” ("Certified copy of passport
or copy of passport certified by the employer") according to Point g
Clause 13 Article 1 of Decree No. 70/2023/ND-CP, which comes into force from
September 18, 2023.
19The
phrase “trừ trường hợp người lao động nước ngoài quy định tại điểm a khoản 1 Điều
2 Nghị định này” “except for the foreign workers specified in point a clause 1
Article 2 of this Decree” is supplemented as prescribed in Point c Clause 5
Article 1 of Decree No. 70/2023/ND-CP, which comes into force from September
18, 2023.
20This
Point is amended and supplemented as prescribed in Point d Clause 5 Article 1
of Decree No. 70/2023/ND-CP, which comes into force from September 18, 2023.
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22The
phrase “dịch ra tiếng Việt và có chứng thực” ("translated into Vietnamese
and certified") is replaced with the phrase “dịch ra tiếng Việt và công chứng
hoặc chứng thực” ("translated into Vietnamese and notarized or
certified") according to Point d Clause 13 Article 1 of Decree No.
70/2023/ND-CP, which comes into force from September 18, 2023.
23This
Clause is amended and supplemented according to Clause 6 Article 1 of Decree
No. 70/2023/ND-CP, which comes into force from September 18, 2023.
24This
Clause is amended and supplemented according to Clause 7 Article 1 of Decree
No. 70/2023/ND-CP, which comes into force from September 18, 2023.
25This
Clause is annulled according to Point a Clause 14 Article 1 of Decree No.
70/2023/ND-CP, which comes into force from September 18, 2023.
26The
phrase “Giấy tờ quy định tại khoản 3 và 4 Điều này” ("Documents specified
in Clauses 3 and 4 of this Article") is replaced with the phrase “Giấy tờ quy
định tại khoản 3 Điều này” ("Documents specified in Clause 3 of this
Article") according to Point dd Clause 13 Article 1 of Decree No.
70/2023/ND-CP, which comes into force from September 18, 2023.
27The
phrase “dịch ra tiếng Việt” ("translated into Vietnamese") is replaced
with the phrase “dịch ra tiếng Việt và công chứng hoặc chứng thực”
("translated into Vietnamese and notarized or certified") according
to Point e Clause 13 Article 1 of Decree No. 70/2023/ND-CP, which comes into
force from September 18, 2023.
28The
phrase “Bản sao có chứng thực hộ chiếu” ("Certified copy of passport")
is replaced with the phrase “Bản sao có chứng thực hộ chiếu hoặc bản sao hộ
chiếu có xác nhận của người sử dụng lao động” ("Certified copy of passport
or copy of passport certified by the employer") according to Point g
Clause 13 Article 1 of Decree No. 70/2023/ND-CP, which comes into force from
September 18, 2023.
29This
Clause is amended and supplemented according to Clause 8 Article 1 of Decree
No. 70/2023/ND-CP, which comes into force from September 18, 2023.
30The
phrase “dịch ra tiếng Việt” ("translated into Vietnamese") is replaced
with the phrase “dịch ra tiếng Việt và công chứng hoặc chứng thực”
("translated into Vietnamese and notarized or certified") according
to Point e Clause 13 Article 1 of Decree No. 70/2023/ND-CP, which comes into
force from September 18, 2023.
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32The
phrase “dịch ra tiếng Việt và có chứng thực” ("translated into Vietnamese
and certified") is replaced with the phrase “dịch ra tiếng Việt và công chứng
hoặc chứng thực” ("translated into Vietnamese and notarized or
certified") according to Point d Clause 13 Article 1 of Decree No.
70/2023/ND-CP, which comes into force from September 18, 2023.
33This
Point is amended and supplemented as prescribed in Clause 10 Article 1 of
Decree No. 70/2023/ND-CP, which comes into force from September 18, 2023.
34 Article 3 of Decree
No.70/2023/ND-CP, which comes into force from September 18, 2023, provides for:
“Article 3. Implementation provisions
1. This Decree comes into force
as of September 18, 2023.
2. Transition provisions:
Regarding explanation reports on the demand for
employing foreign workers, applications for certification of exemption from
work permit; applications for issuance, re-issuance, and extension of work
permits submitted by foreign employers to the Ministry of Labor, War Invalids
and Social Affairs, provincial-level People's Committees, Departments of Labor,
War Invalids and Social Affairs, Management Boards of industrial parks,
economic zones and hi-tech parks before the effective date of this Decree, they
will apply provisions of Decree No. 152/2020/ND-CP and Decree No.
35/2022/ND-CP”.
35This
Point is amended and supplemented as prescribed in Point a Clause 11 Article 1
of Decree No. 70/2023/ND-CP, which comes into force from September 18, 2023.
36This
Point is amended and supplemented as prescribed in Point b Clause 11 Article 1
of Decree No. 70/2023/ND-CP, which comes into force from September 18, 2023.
37This
Clause is amended and supplemented according to Point c Clause 11 Article 1 of
Decree No. 70/2023/ND-CP, which comes into force from September 18, 2023.
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39This
Point is annulled as prescribed in Point b Clause 14 Article 1 of Decree No.
70/2023/ND-CP, which comes into force from September 18, 2023.
40This
Point is annulled as prescribed in Point b Clause 14 Article 1 of Decree No.
70/2023/ND-CP, which comes into force from September 18, 2023.
41This
Point is annulled as prescribed in Point b Clause 14 Article 1 of Decree No.
70/2023/ND-CP, which comes into force from September 18, 2023.
42This
Point is amended and supplemented as prescribed in Point dd Clause 11 Article 1
of Decree No. 70/2023/ND-CP, which comes into force from September 18, 2023.
43This
Point is annulled as prescribed in Point b Clause 14 Article 1 of Decree No.
70/2023/ND-CP, which comes into force from September 18, 2023.
44This
Clause is supplemented according to Article 72 of Decree No. 35/2022/ND-CP
dated May 28, 2022 of the Government on management of industrial parks and
economic zones, which comes into force from July 15, 2022.
45This
point is annulled according to regulations in Point c clause 14 Article 1 of
Decree No. 70/2023/ND-CP, which comes into force from September 18, 2023.