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THE MINISTER OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS, THE MINISTER OF PUBLIC SECURITY AND
THE MINISTER OF FOREIGN AFFAIRS
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SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
15/2012/TTLT-BLDTBXH-BCA-BNG
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Hanoi, June
6, 2012
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JOINT CIRCULAR
GUIDING A NUMBER OF
ARTICLES IN THE AGREEMENT BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE GOVERNMENT OF NEW ZEALAND ON THE WORKING HOLIDAY SCHEME
Pursuant to the Agreement between the Government of the
Socialist Republic of Vietnam and the Government of New Zealand, signed on
December 29, 2011, on the Working Holiday Scheme (hereinafter referred to as the
Agreement);
Pursuant to the Government's Decree No. 186/2007/ND-CP dated
December 25, 2007, 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. 77/2009/ND-CP dated
September 15, 2009, defining the functions, tasks, powers and organizational
structure of the Ministry of Public Security;
Pursuant to the Government's Decree No. 15/2008/ND-CP dated
February 4, 2008, defining the functions, tasks, powers and organizational
structure of the Ministry of Foreign Affairs;
Pursuant to the Government's Decree No. 21/2011//ND-CP dated
May 28, 2001, detailing the implementation of the Ordinance on the entry, exit
and residence of foreigners in Vietnam;
The Minister of Labor, War Invalids and Social Affairs, the
Minister of Public Security and the Minister of Foreign Affairs guide a number
of articles in the Agreement between the Government of the Socialist Republic
of Vietnam and the Government of New Zealand on the Working Holiday Scheme as
follows:
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1. This Joint Circular prescribes the procedures for issuing
working holiday licenses (hereinafter referred to as licenses) and entry visa
to New Zealand’s citizens working during their holidays in Vietnam.
2. This Circular is applicable to New Zealand’s citizens who
work in Vietnam during their holidays (hereinafter referred to as New Zealand’s citizens); agencies, organizations and enterprises (hereinafter referred to as
employers) in Vietnam that employ New Zealand’s citizens.
Article 2. Conditions for issuing licenses
The conditions for issuing licenses are specified in Article 5
of the Agreement, and Points (g) and (k) of Article 5 are guided as follows:
1. New Zealand’s citizens having documents proving that they
have opened bank accounts in New Zealand that are accessible through banks in Vietnam with the minimum balance of 4,200 NZD.
2. They are issued with health certificates under New Zealand’s law. These health certificates must be issued within 180 (one hundred and
eighty) days preceding the day of applying for the license.
Article 3. Application for the license
A New Zealand’s citizen shall send directly or by post an
application to the Embassy of Vietnam in New Zealand. The application includes:
1. A written request for the working holiday license, made under
the form No. 01 promulgated together with this Circular;
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3. A health certificate specified in Clause 2 Article 2 of
this Circular;
4. National Certificate of Educational Achievement New Zealand
of level 2 or higher;
5. Proof of financial capacity specified in Clause 1 Article 2
of this Circular;
6. Three color photos (3cm x 4cm), bare head, frontally taken,
clear face with two ears, no glasses and on white background, with soft copies.
The papers specified in Clauses 3, 4 and 5 of this Article
must be original; the copies (if any) must be notarized or certified.
The above papers must be made in English and are exempted from
consular legalization.
Article 4. Validity period of the license and visa
1. The validity period of the license is that requested by the
New Zealand’s citizen but must not exceed 12 (twelve) months.
2. The validity period of the visa issued to a New Zealand’s citizen is equal to that of the license.
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1. Procedures for issuing licenses:
a/ At least 30 (thirty) days before the anticipated date of entering
Vietnam, a New Zealand’s citizen shall submit directly or by post an
application for the license to the Embassy of Vietnam in New Zealand;
b/ Within 5 (five) working days after receiving the complete
application for the license from the New Zealand’s citizen, the Embassy of
Vietnam in New Zealand shall transfer this application to the Department of
Employment (the Ministry of Labor, War Invalids and Social Affairs) by fax or
email;
c/ Within 10 (ten) working days after receiving the complete
and valid application, the Department of Employment (the Ministry of Labor, War
Invalids and Social Affairs) shall notify the result in writing to the Embassy
of Vietnam in New Zealand and the Embassy of New Zealand in Vietnam.
2. Procedures for issuing visas and certificates of temporary
residence:
a/ Within 2 (two) working days as from issuing the license,
the Department of Employment (the Ministry of Labor, War Invalids and Social
Affairs) shall send written request to the Immigration Department (the Ministry
of Public Security) for considering and issuing the visa to the New Zealand’s
citizen according to form No. N2 promulgated together with the Joint Circular
No. 01/2012/TTLT-BCA-BNG dated January 3, 2012, amending and supplementing the Joint
Circular No. 04/2002 TTLT-BCA-BNG dated January 29,2002, and the Joint Circular
No. 05/ 2009/TTLT-BCA-BNG dated May 12,2009, of the Ministry of Public Security
and the Ministry of Foreign Affairs on the immigration enclosed with the copy
of the issued license of the New Zealand’s citizen.
b/ Within 5 (five) working days after receiving the request from
the Department of Employment (the Ministry of Labor, War Invalids and Social
Affairs), the Immigration Department (the Ministry of Public Security) shall
notify the result to the New Zealand’s citizen and the Embassy of Vietnam in
New Zealand for issuing the visa. In case of refusal, the Immigration
Department (the Ministry of Public Security) must notify the Department of
Employment (the Ministry of Labor, War Invalids and Social Affairs) in writing
and give explanation; and the Department of Employment shall notify the Embassy
of Vietnam in New Zealand for replying the New Zealand’s citizen.
c/ When entering Vietnam, the New Zealand’s citizen shall be issued
with a temporary residence certificate by the immigration office at the
border-gate of entry. The validity period of the temporary residence
certificate is equal to that of the visa.
Article 6. Reception of licenses
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Article 7. Quantity of licenses
Annually, the Department of Employment (the Ministry of Labor,
War Invalid and Social Affairs) shall issue up to 100 (one hundred) licenses
for New Zealand’s citizens that satisfy the conditions specified in the
Agreement.
Article 8. Form of license
1. The form of the license is prescribed as follows:
a/ Appearance:
The license size is 17.8 cm x 12.5 cm. comprising 10 pages,
page 1 and page 10 are in dark pink and coated with plastic; pages 2 to 9 have white
background with light pink patterns and a star in the middle.
b/ The contents of license are specified in form No. 2 promulgated
together with this Circular.
2. All licenses are printed and distributed by the Department
of Employment (the Ministry of Labor, War Invalids and Social Affairs).
Article 9. Use of licenses
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2. New Zealand’s citizens must keep the issued licenses as
long as they are unexpired.
3. New Zealand’s citizens must present their licenses when
carrying out procedures related to residence and immigration and when requested
by State competent agencies.
4. Within 3 (three) working days after the employer certifies in
the license, the New Zealand’s citizen must send a copy of the license bearing
certification of the employer as prescribed in Clause 1 this Article to the Department
of Employment (the Ministry of Labor, War Invalids and Social Affairs) by post,
fax or email.
Article 10. Re-issuing licenses
1. Cases of re-issuing licenses:
a/ The license is lost;
b/ The license is damaged.
2. The application for the re-issue of the license:
a/ A written application for the re-issue of the license of
the New Zealand’s citizen, made under the form No. 3 promulgated together with this
Circular, specifying the reason for the loss or damage of the license;
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c/ Three color photos (3 cm x 4 cm) with bare head, frontally
taken, clear face with two ears, no glasses and on white background;
3. The validity period of a re-issued license is equal to that
of the issued one.
4. Procedures for re-issuing a license:
a/ Within 3 (three) working days after finding that the license
is lost or damaged, the New Zealand’s citizen must request the Department of
Employment (the Ministry of Labor, War Invalids and Social Affairs) to re-issue
the license by submitting an application for the re-issue of the license
directly or by post.
b/ Within 3 (three) working days after receiving the complete
application from the New Zealand’s citizen, the Department of Employment (the
Ministry of Labor, War Invalids and Social Affairs) shall re-issue the license
and notify the New Zealand’s citizen. The refusal to re-issue the license must
be explained in writing.
5. Reception of re-issued licenses:
New Zealand’s citizens shall receive the re-issued licenses at
the Department of Employment or the Employment Service Center of Ho Chi Minh
City, affiliated to Services of Labor, War Invalids and Social Affairs of Ho
Chi Minh City.
Article 11. Fee for issuing and re-issuing licenses
New Zealand’s citizens must pay the fee for issuing or re-issuing
licenses at the place where they receive the issued licenses as prescribed by
the Ministry of Finance.
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1. The license expires.
2. The license is revoked by the Department of Employment (the
Ministry of Labor, War Invalids and Social Affairs) for failing to comply with
Clause 4, Article 9 of this Circular.
3. The New Zealand’s citizens notify the Department of
Employment (the Ministry of Labor, War Invalids and Social Affairs) of their
return to their country ahead of schedule.
4. The New Zealand’s citizen is imprisoned, dead or missing as
declared by the Court.
Article 13. Implementation provisions
1. Responsibility of the Embassy of Vietnam in New Zealand:
a/ Disseminating this Circular among New Zealand’s citizens concerned
with the Working Holiday Scheme in Vietnam;
b/ Receiving and transferring the applications for licenses from
New Zealand’s citizens to the Department of Employment (the Ministry of Labor,
War Invalids and Social Affairs);
c/ Issuing visas to New Zealand’s citizens as prescribed, according
to the notification of the results of visa issue from the Immigrant Department
(the Ministry of Public Security).
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a/ Approving the issue of visas to licensed New Zealand’s citizens;
b/ Notifying the visa issue to New Zealand’s citizens to the Department
of Employment (the Ministry of Labor, War Invalids and Social Affairs) and the
Embassy of Vietnam in New Zealand;
c/ Being in charge of and cooperating with the Department of
Employment (the Ministry of Labor, Wars Invalids and Social Affairs) and the
Consular Department (the Ministry of Foreign Affairs) in handling violations of
Vietnam’s Law on the immigration and residence of foreigners in Vietnam committed
by New Zealand’s citizens being subjects of application of this Circular.
3. Responsibility of the Department of Employment (the
Ministry of Labor, War Invalids and Social Affairs):
a/ Receiving and examining the applications for the issue and
re-issue of licenses from New Zealand’s citizens;
b/ Issuing and re-issuing licenses to New Zealand’s citizens
as authorized by the Minister of Labor, War Invalids and Social Affairs;
c/ Requesting the Immigration Department (the Ministry of
Public Security) to approve the issue of visas to licensed New Zealand’s citizens;
d/ Notifying the Embassy of Vietnam in New Zealand of the results of license issue;
e/ Notifying to the Embassy of Vietnam in New Zealand, the
Embassy of New Zealand in Vietnam, the Immigration Department (the Ministry of
Public Security) and the Consular Department (the Ministry of Foreign Affairs)
after issuing 100 (one hundred) licenses every year, and stopping issuing licenses
to New Zealand’s citizens;
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g/ Posting the procedures; fees for issuing and re-issuing licenses;
quantity of licenses issued; the cases of expiration or invalidation of licenses,
and other relevant information on the website: www.vieclamvietnam.gov.vn for New
Zealand’s citizens to know and implement.
The cases of expired and invalidated licenses prescribed Clauses
2, 3 and 4, Article 12 of this Circular must be reported to the Embassy of Vietnam
in New Zealand, the Embassy of New Zealand in Vietnam, the Immigration
Department (the Ministry of Public Security), the Consular Department (the
Ministry of Foreign Affairs), and New Zealand’s citizens.
4. Responsibility of the Consular Department (the Ministry of
Foreign Affairs):
a/ Guiding the Embassy of Vietnam in New Zealand in implementing this Circular;
b/ Cooperating with the Immigration Department (the Ministry
of Public Security) and the Department of Employment (the Ministry of Labor,
Wars Invalids and Social Affairs) in handling violations of Vietnam’s Law on
the immigration and residence of foreigners in Vietnam, and on the New
Zealand’s citizens’ working during holiday, committed by New Zealand’s citizens
being subjects of application of this Circular.
5. Responsibility of employers:
a/ Complying with regulations of Viet Nam applicable to New Zealand’s citizens;
b/ Certifying the contents specified in Clause 1, Article 9 of
this Circular in the licenses, and implementing the provisions on the
immigration and residence of foreigners in Vietnam.
6. Responsibility of New Zealand’s citizens:
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b/ Submitting applications for the issue or re-issue of licenses
as prescribed;
c/ Paying fees for the issue or re-issue of licenses and
visas; paying charges for faxing the results from the Immigration Department
(the Ministry of Public Security) to the Embassy of Vietnam in New Zealand and,
other fees as prescribed by Vietnam’s law.
Article 14. Effect
1. This Circular takes effect on July 15, 2012.
2. Any problems arising in the course of implementation should
be promptly reported to the Ministry of Labor, War Invalids and Social Affairs
and the Ministry of Foreign Affairs for guidance and addition.-
FOR THE MINISTER OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
DEPUTY MINISTER
Nguyen Thanh Hoa
FOR THE MINISTER OF
PUBLIC SECURITY
DEPUTY MINISTER -
LIEUTENANT GENERAL
To Lam
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