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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.75/2014/ND-CP
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Hanoi, July 28th, 2014
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DECREE
DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE
LABOR CODE ON RECRUITING AND MANAGING VIETNAMESE EMPLOYEES WORKING FOR FOREIGN
ORGANIZATIONS & INDIVIDUALS IN VIETNAM
Pursuant to the Law on
Government organization dated December 25, 2001;
Pursuant to the Labor
Code dated June 18th, 2012;
At the request of the
Minister of Labor, War Invalids and Social Affairs,
The Goverment issues
the Decree detailing the implementation of a number of articles of the Labor
Code on recruiting and managing Vietnamese employees working for foreign
organizations and individuals in Vietnam (hereinafter
referred to as foreign employers).
Article 1. Scope
The Decree regulates
the selection, introduction, recruitment and management of Vietnamese employees
working for foreign employers.
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1. Vietnamese employees,
who are Vietnamese, 18 years or older, capable of working and civil acts.
2. Foreign organizations
which are foreign offices and organizations licensed by Vietnamese competent
authorities to operate within Vietnam’s territory, include:
a) Foreign diplomatic
missions, consular offices, representative offices of international
organizations of the UN system, intergovernmental organizations of regions
& subregions;
b) Permanent offices of
foreign news agencies;
c) International
organizations, intergovernmental organizations, foreign governmental
organizations;
d) Foreign
non-governmental organizations issued certificates of registration by
Vietnamese competent agencies according to the Decree no.12/2012/ND-CP dated
November 12th 2012 of the Government on registration and management
of foreign non-governmental organizations in Vietnam;
e) Foreign non-profit
representative offices of organizations specialized in economy, commerce,
finance, banking, insurance, science – technology, culture, health, law
consultancy in Vietnam.
3. Foreigners who are
working for organizations precribed in Clause 2 of this Article or foreigners
permitted to reside in Vietnam by Vietnamese competent agencies.
4. Vietnamese offices and
organizations related to recruiting and managing Vietnamese employees working
for foreign employers.
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Vietnamese employees
prescribed in Clause 1, Article 2 of this Decree are permitted to work for
foreign employers except Vietnamese employees who are prohibited from working
for foreign organizations and individuals.
Article 4. Authority
to recruit and manage Vietnamese employees working for foreign employers
1. The organizations
having the authority to recruit and manage Vietnamese employees working for
foreign employers (hereinafter referred to as Vietnamese employee recruiting
agencies) include:
a) Organizations appointed
or authorized by the Ministry of Foreign Affairs;
b) Employment centers
that are establish under the approval of the Minister of Labor, War Invalids
and Social Affairs or the Presidents of the People’s Committees of provinces.
2. Organizations prescribed
in Point a Clause 1 of this Decree are authorized to recruit and manage
Vietnamese employees working for the following foreign employers:
a) The foreign
organizations prescribed in Point a, b, c and d of Clause 2, Article 2 of this
Decree;
a) The foreigners working
for foreign organizations prescribed in Point a, b, c and d of Clause 2,
Article 2 of this Decree;
3. Employment centers
prescribed in Point b of Clause 1 of this Article are authorized to recruit,
introduce and manage Vietnamese employees for working for the following foreign
employers:
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b) Foreigners who are
working for organizations precribed in Point e of Clause 2, Article 2 of this
Decree, foreigners permitted to reside in Vietnam by Vietnamese competent
agencies.
Article 5. Employment
applications of Vietnamese employees
1. An application form
using the template provided by the Ministry of Labor, War Invalids and Social
Affairs.
2. A copy of birth
certificate.
3. A health certificate
which is issued by a competent medical facility within 06 (six) months prior to
the submission of the application.
4. Copies of professional
qualifications and foreign language qualifications related to the job applied
for. Any certificate in a foreign language must be translated into
Vietnamese and authenticated according to regulations of Vietnam.
Article 6. Procedure
for recruiting Vietnamese employees working for foreign employers
1. When there is a need
to recruit Vietnamese employees, a foreign employer must submit a request for
recruiting Vietnamese employees to Vietnamese employee recruiting agencies. The
request must specify requirements for the recruiting positions: quantity,
professional qualifications, foreign language qualifications, deadline, rights
and duties of Vietnamese employees and the foreign employers during the
employment and upon the resignation for each recruiting position.
2. Within 15 (fifteen)
working days, since the receipt of the request of a foreign employer, the
Vietnamese employee recruiting agency has the responsibility to select and
introduce Vietnamese employees at the request of the foreign employers.
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4. Within 07 (seven)
working days after the signing of a labor contract with a Vietnamese employee,
foreign employers must inform in writing and enclose a copy of the labor
contract to Vietnamese employee recruiting agencies.
Article 7.
Responsibility of Vietnamese employees working for foreign employers
1. Comply with Vietnamese
legislation on labor
2. Comply with the
clauses in the labor contract signed with a foreign employer
3. Comply with the
regulations of the Vietnamese employee recruiting agencies who introduced the
Vietnamese employees to the foreign employer.
Article 8.
Responsibility of foreign employers using Vietnamese employees
1. Comply with the Labor
Code and other regulations of Vietnam.
2. Comply with the
clauses in the submitted request for recruiting Vietnamese employees and the
signed labor contracts.
3. Send biannual, annual
or unscheduled reports (upon request) on the recruiment of Vietnamese employees
to Vietnamese employee recruiting agencies.
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1. Receive applications
from Vietnamese employees and requests for recruiting Vietnamese employees from
foreign employers.
2. Select, introduce and
manage Vietnamese employees working for foreign employers.
3. Provide training
Vietnamese employees in order for them to satisfy requirements of foreign
employers.
4. The biannual, annual
or unscheduled reports (upon request) on the recruitment and employment of the
Vietnamese employees to the Vietnamese employees agencies are regulated as
follows:
a) Organizations
appointed or authorized by the Ministry of Foreign Affairs to recruit and
manage Vietnamese employees working for foreign employers send the report to
the Ministry of Foreign Affairs;
b) Employment centers
established under the approval of the Minister of Labor, War Invalids and
Social Affairs send the report to the the Ministry of Labor, War Invalids and
Social Affairs and Services of Labour, War Invalids and Social Affairs at the
places in where centers’ main offices locate.
b) Employment centers
established under the approval of the Presidents of the People’s Committees of
provinces send the report to Services of Labour, War Invalids and Social
Affairs.
5. Perform other duties
according to regulations.
Article 10.
Responsibility of the Ministry of Labor, War Invalids and Social Affairs
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2. Give guidance on and
inspect the implementation of this Decree.
3. Send biannual and
unscheduled reports (upon request) to the Prime Minister on Vietnamese
employees working for foreign employers.
Article 11.
Responsibility of the Ministry of Foreign Affairs
1. Manage Vietnamese
employees working for foreign employers prescribed in Point a, b, c and d of
Clause 2, Article 2 of this Decree;
2. Manage organizations
to which the Ministry of Foreign Affairs assigns or authorizes the recruitment
and management of Vietnamese employees working for foreign employers.
3. Give guidance on
selecting, introducing and managing Vietnamese employees working for foreign
employers prescribed in Point a, b, c and d of Clause 2, Article 2 of this
Decree;
4. Send biannual, annual
or unscheduled reports (upon request) on the status of Vietnamese employees
working for foreign employers under the management to the Ministry of Labor,
War Invalids and Social Affairs.
Article 12.
Responsibility of the Ministry of Finance
Take charge and cooperate
with the Ministry of Foreign Affairs to give guidance on managing, using and settling
the expenditures funded by the State budget to support the organizations to
which the Ministry of Foreign Affairs assigns or authorizes the recruitment and
management of Vietnamese employees working for foreign employers according to
Point a, b, c and d of Clause 2, Article 2 of this Decree;
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Cooperate with competent
agencies to manage Vietnamese employees working for foreign employers, and
foreign employers using Vietnamese employees to comply with the regulations on
ensuring security, public order.
Article 14.
Responsibility of People’s Committee of the provinces
1. Implement state
management on recruiting and managing Vietnamese employees working for foreign
employers under the management.
2. Supervise and inspect
selecting, introducing and managing Vietnamese employees working for foreign
employers.
3. Send biannual, annual
or unscheduled reports (upon request) on the status of reruiting and managing
Vietnamese employees working for foreign employers to the Ministry of Labor,
War Invalids and Social Affairs.
Article 15. Effect
1. The Decree takes
effect on September 15th 2014.
2. The Decree no.
85/1998/ND-CP dated October 20 1998 of the Government on recruitment, use and
management Vietnamese employees working for foreign employers; the Decree no.
46/1999/ND-CP dated on July 01st 1999 of the Government on amending
a number of articles of the Decree no. 85/1998/ND-CP dated October 20 1998 of
the Government on recruitment, use and management Vietnamese employees working
for foreign employers; the Decree no. 75/2001/ND-CP dated on October 20st
2001 of the Government on amending and supplementing a number of articles of
the Decree no. 46/1999/ND-CP dated on July 01st 1999 and the Decree
no. 85/1998/ND-CP dated October 20 1998 of the Government on recruitment, use
and management Vietnamese employees working for foreign employer are replaced
by this Decree.
Article 16.
Implementation responsibility
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FOR THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung