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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 85/1998/ND-CP
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Hanoi, October 20, 1998
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DECREE
ON RECRUITMENT,
USE AND MANAGEMENT OF VIETNAMESE LABOR WORKING FOR FOREIGN ORGANIZATIONS AND
INDIVIDUALS IN VIETNAM
THE GOVERNMENT
Pursuant
to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Labor Code of June 23, 1994;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article
1.- Vietnamese laborers as defined in this Decree are Vietnamese citizens
aged from 18 full years and upward, who are permanently residing in Vietnam,
have a clear personal history and have full capacity for civil acts.
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1. Foreign diplomatic representative offices and
consulates, representative offices of international organizations in the system
of the United Nations Organization, regional organizations and sub-regional
organizations;
2. Representative offices of foreign news
agencies, press, radio and television;
3. Representative offices and project offices of
foreign non-governmental organizations;
4. Representative offices of foreign investment
projects, branches of foreign companies and representative offices of foreign
economic, commercial, financial, banking, insurance, scientific and technical,
cultural, educational, medical and legal consultancy organizations.
Article
3.- Foreign individuals in Vietnam as defined in this Decree are persons
bearing foreign nationality working at the agencies mentioned in Article 2 of
this Decree or persons allowed by the competent authority of Vietnam to take up
residence in Vietnam.
Article 4.-
The Vietnamese Government encourages foreign organizations and individuals in
Vietnam (hereafter called foreign organizations and foreign individuals in
abbreviation) to use Vietnamese labor according to prescriptions of this Decree
and the Labor Code of the Socialist Republic of Vietnam.
Chapter
II
RECRUITMENT, USE AND MANAGEMENT OF VIETNAMESE LABOR WORKING FOR FOREIGN
ORGANIZATIONS AND INDIVIDUALS IN VIETNAM
Article 5.-
Vietnamese working people who meet all the conditions stipulated in Article 1
of this Decree are allowed to work for foreign organizations and individuals
except the following persons:
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2. Persons in the category mentioned in Item 1
of this Article who work in branches and jobs related to State secrets as provided
for by law and who have retired or quit their jobs or have been demobilized for
less than five years;
3. The wife or husband of a person whose job is
related to State secrets;
4. Persons who have been disciplined for acts of
disclosing State secrets or national security;
5. Persons who are examined for penal
liabilities, persons who are serving court sentences or court criminal verdicts
or whose sentence is not yet annulled.
Article 6.-
1. Vietnamese laborers who wish to work for
foreign organizations or individuals under Items 1, 2 and 3 of Article 2 of
this Decree shall have to send job applications to the labor supply
organization of the Ministry for Foreign Affairs.
2. Vietnamese laborers who wish to work for
foreign organizations and individuals mentioned in Item 4, Article 2 of this
Decree shall have to send their job application dossier to the labor supply
organization of the People's Committee of the province or city directly under
the Central Government where the foreign organization or individual has their
main office.
Article 7.-
The dossier of the laborers shall include:
1. The job application (according to the form
prescribed by the Ministry of Labor, War Invalids and Social Affairs);
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3. A resume certified by the public security
office of the commune, ward or township where the working people register
his/her civic status;
4. A valid health certificate of the medical
office;
5. Four color portrait photos of ID size (4 x 6
cm);
6. Copies of diplomas and certificates of
educa-tional, specification, professional and foreign language standard related
to the job which the laborer applies for, certified by the competent authority.
Article 8.-
The foreign organization or individual that needs to use Vietnamese labor shall
have to send a written request to the labor supply organization prescribed in
Article 6 of this Decree. In the request, the requester must specify the
criteria, number and timelimit of the recruitment; the rights and obligations
of the Vietnamese laborers and of the foreign organization and individual in
the process of work and at the termination of the work.
Article
9.- The labor supply organization mentioned in Article 6 of this Decree
shall have:
1. To receive the job application of the
Vietnamese working people and the written request of labor supply of the foreign
organization or individual;
2. To sign the labor supply contract with the
foreign organization or individual;
3. To organize the recruitment, introduction and
supply of Vietnamese working people to the foreign organization or individual
according to the labor supply contract already signed;
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5. To strictly carry out the prescriptions of
the Labor Code, this Decree and other prescriptions of Vietnamese law;
6. Periodically every six months and every year
to report to the competent labor agency on the recruitment, training and supply
of Vietnamese labor for foreign organizations and individuals.
Article
10.- The supply of Vietnamese labor to foreign organizations and
individuals shall be performed according to the labor supply contract between
the labor supply organization and the foreign organization or individual. In
case the labor supply organization cannot meet the request of the foreign
organization or individual after termination of the time limit for the
recruitment under the labor supply contract already signed, the foreign
organization or individual can directly recruit Vietnamese labor and transfer
the dossier to the labor supply organization stipulated in Article 6 of this
Decree in order to fill the procedures according to the stipulations of this
Decree.
Article
11.- The labor contract shall be signed directly between the Vietnamese
laborers and the foreign organization or individual according to the form
prescribed by the Ministry of Labor, War Invalids and Social Affairs. The
Vietnamese working people shall sign labor contracts with foreign organizations
or individuals only with the recommendation from the labor supply organization
and shall not act contrarily to the labor supply contract prescribed in Article
10 of this Decree.
Article
12.- The labor supply organization is allowed to organize training and
fostering to raise the standard of the Vietnamese working people in order to
meet the request in labor of the foreign organization and individual.
Article
13.- Responsibility of the Vietnamese laborers working for a foreign
organization or individual:
1. To fully perform their obligations toward the
State as prescribed by Vietnamese law;
2. To carry out strictly the terms of the labor
contract already signed with the foreign organization or individual;
3. To carry out strictly the prescriptions of
the labor supply organization, which has recommended them, guided them and
created conditions for them to come and work at the foreign organization or
individual.
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1. To carry out strictly the stipulations of the
Labor Code, this Decree and other related regulations of Vietnamese law;
2. To carry out strictly the labor supply
contract and the labor contract already signed;
3. When they need to send Vietnamese laborers for
training abroad, foreign organizations or individuals shall have to send a
written notice about the number, time, place of training and branches and jobs
for training to the labor supply organization mentioned in Article 6 of this
Decree in order to implement the stipulations of Item 4, Article 9 of this
Decree.
Article
15.- The Labor, War Invalids and Social Affairs Services of the provinces
and cities directly under the Central Government shall have to supervise and
control the recruitment, training and supply of Vietnamese labor for foreign
organizations and individuals by labor supply organizations under the
jurisdiction of the locality. Periodically every six months and every year, it
has to report to the People's Committee of the province or city directly under
the Central Government, the Ministry of Labor, War Invalids and Social Affairs
and the related ministries and branches on the recruitment, training, supply
and management of Vietnamese laborers working for foreign organizations and
individuals under the jurisdiction of the locality.
Chapter
III
HANDLING OF VIOLATIONS
Article
16.- Vietnamese laborers, labor supply organizations or foreign
organizations and individuals that do not fully implement the provisions of
this Decree shall, depending on whether they are a collective or individual,
and on the nature and extent of the violation, be put on administrative
sanctions or be examined for penal liabilities as prescribed by Vietnamese law.
Chapter
IV
IMPLEMENTATION PROVISIONS
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Article
18.- Within 90 days after this Decree takes effect, Vietnamese laborers who
have worked for foreign organizations or individuals before this Decree takes
effect but the labor contract is still valid, must complete the dossier as
prescribed in Article 7 of this Decree so that the foreign organization or
individual shall transfer the dossier to the labor management agency for official
registration for management.
Article
19.- The Ministry for Foreign Affairs, the People's Committees of the
provinces and centrally-run cities shall have to set up or assign a labor
supply organization to carry out the tasks mentioned in this Decree.
Article
20.- The Ministry of Labor, War Invalids and Social Affairs shall have to
guide and inspect the implementation of this Decree.
Article
21.- The Ministers, the Heads of ministerial-level agencies, the Heads of
the agencies attached to the Government, the Presidents of the People's
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
THE GOVERNMENT
Phan Van Khai