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PEOPLE'S COMMITTEE

HANOI CITY

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No: 22/2019/QD-UBND


SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

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Hanoi, October 23, 2019


 

DECISION


ON ISSUING THE REGULATION COORDINATION ACTIVITIES BETWEEN THE MANAGEMENT AUTHORITY OF THE STATE OF EMPLOYMENT AND MANAGEMENT OF FOREIGN LABORERS WORKING IN VIETNAM IN AREA HANOI CITY


PEOPLE'S COMMITTEE OF HANOI

Pursuant to the June 19, 2015 Law on Organization of Local Government;

Pursuant to the June 18, 2012 Labor Code;

Pursuant to the June 16, 2014 Law on entry, exit, transit and residence of foreigners in Vietnam;

Pursuant to the Government's Decree No. 11/2016/ND-CP dated February 3, 2016 detailing the implementation of a number of articles of the Labor Code on foreign workers working in Vietnam;

Pursuant to Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government amending and supplementing Decrees related to business investment conditions and administrative procedures under the scope of state management of the Ministry of Labor - Invalids and Social Affairs;

Pursuant to Circular No. 40/2016/TT-BLDTBXH dated October 25, 2016 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of a number of articles of Decree No. 11/2016/ND-CP dated October 25 2016 of the Government detailing the implementation of a number of articles of the Labor Code on foreign workers working in Vietnam;

Pursuant to Circular No. 18/2018/TT-BLDTBXH dated October 30, 2018 of the Ministry of Labor, War Invalids and Social Affairs amending and supplementing a number of articles of the circulars related to administrative procedures within the scope of the Ministry of Labor, War Invalids and Social Affairs. state management function of the Ministry of Labor - Invalids and Social Affairs;

At the request of the Director of the Department of Labor, War Invalids and Social Affairs in Report No. 2816/TTr-SLDTBXH dated August 28, 2019 and Official Letter No. 3320/SLDTBXH-VLATLD dated October 10, 2019 on the issuance of Regulations Regulations on coordination of activities between state management agencies in recruiting and managing foreign workers working in Vietnam in Hanoi city,

DECIDES:

Article 1. To promulgate together with this Decision. Regulations on coordination between state management agencies in recruiting and managing foreign workers working in Vietnam in Hanoi city.

Article 2. This Decision takes effect from November 3, 2019 and replaces Decision No. 20/2015/QD-UBND dated July 29, 2015 of the Hanoi People's Committee on the “ban promulgating the Regulation on coordination of activities between state management agencies in recruiting and managing foreign workers working in Vietnam in Hanoi city.

Article 3. Chief of Office of the City People's Committee; Directors and heads of relevant departments, departments and branches; Chairpersons of People's Committees of districts, towns are responsible for the implementation of this Decision./.

 

Place of receipt:

- As Article 3;

- Ministry of Labor, War Invalids and Social Affairs;

- On-call: City Party Committee, City Council;

- Chairman of the City People's Committee;

- Vice Chairman of the City People's Committee;

- Department of Examination of Legal Documents (Ministry of Justice);

- Government website;

- Administrative office: the PCVP, KGVX, research, TKBT, TH, TTTH-CB;

- City electronic communication portal;

- Save: VT, KGVXt.


TM. PEOPLE'S COMMITTEE

CHAIRMAN

 

 

 

 

Nguyen Duc Chung


 

REGULATIONS ON

COOPERATION OF ACTIVITIES BETWEEN STATE ADMINISTRATIVE AGENCIES IN RECRUITMENT AND MANAGEMENT OF FOREIGN LABOR WORKING IN VIETNAM IN HANOI CITY

(Issued together with Decision No. 22/2019/Decision No. 22/2019/Decision No. - People's Committee dated October 23, 2019 of Hanoi People's Committee)

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Regulation prescribes principles, contents and responsibilities for coordination among management agencies State management of Hanoi city (hereinafter referred to as agencies) in the management of foreign workers working in Vietnam in Hanoi city.

Article 2. Subjects of application

1. State management agencies directly under Hanoi city, including: Department of Labor, War Invalids and Social Affairs, Management Board of Hanoi Industrial Parks and Export Processing Zones, Public Security City, Department of Planning and Investment, Department of Industry and Trade, Department of Justice, Department of Foreign Affairs, Department of Health, Department of Education and Training, Department of Culture and Sports, Department of Construction and related agencies .

2. People's Committees of districts, towns.

Article 3. Principles of coordination in management

1. Following the State management function prescribed by law, the City's State management agencies are responsible for organizing the performance of labor management. foreigners, within the scope of their responsibilities prescribed, actively coordinate with relevant agencies and units to ensure consistency and synchronization in performing the state management of foreign workers in the city. city.

2. Administrative procedures related to the issuance of work permits to foreigners must be carried out uniformly, synchronously and conveniently, in order to create favorable conditions for foreign workers to register to work. In the city.

3. Forms of information exchange, written cooperation or direct exchange between leaders and officials assigned to perform tasks of relevant Departments, departments and branches, People's Committees of districts and districts. , town.

Article 4. Contents and coordination mechanism

1. Monitor, make statistics, synthesize and analyze the situation of using foreign workers to work in Hanoi city according to the provisions of law.

2. Coordinating in propagating and guiding enterprises, organizations and individuals employing foreign workers on the provisions of law on management and employment of foreign workers in the city. city.

3. Guide the procedures related to the new grant, re-grant of work permits, certification not subject to work permits; issue visas, temporary residence cards; Judicial Records; medical examination and other contents related to recruitment and management of foreign workers working in the city.

4. Coordinating in inspecting and inspecting the implementation of the provisions of the law on recruitment, management and employment of foreign workers working in the city, strictly handling violations of the law according to law. authorization.

5. To provide information upon request between state management agencies participating in the implementation of the Regulation on coordination on recruitment, employment and management of foreign workers working in Hanoi city.

6. To organize an annual conference to review, summarize and evaluate the results of the coordination in the management of foreign workers working in the city.

7. The relevant departments, agencies and sectors are responsible for appointing members to participate in the inspection and inspection team on the recruitment, use and management of foreign workers working in Hanoi city.

Chapter II

COOPERATION BETWEEN STATE MANAGEMENT AGENCIES IN MANAGEMENT OF FOREIGN EMPLOYEES WORKING IN HANOI CITY

Article 5. Responsibilities of the Department of Labor, War Invalids and Social Affairs

Performing management functions The State for enterprises, organizations and individuals (outside industrial parks, export processing zones and high-tech zones) shall have the responsibilities:assume the prime responsibility for

1. To, and coordinate with relevant city departments, agencies and sectors. organizing the propaganda and dissemination of the provisions of the labor law in Vietnam; guide the order and procedures, receive and process dossiers of granting work permits, re-granting work permits, certifying that foreign workers are not eligible for work permits; request the police agency to expel foreign workers working for employers in the city without work permits.

2. Receive, appraise and approve in writing each job position that is allowed to use foreign workers for each employer as authorized by the City People's Committee.

3. Organize the introduction and supply of Vietnamese workers to the contractor and decide on the contractor's permission to recruit foreign workers for the job positions that cannot recruit Vietnamese workers as authorized. of the City People's Committee.

4. To assume the prime responsibility for, and coordinate with relevant departments, agencies and sectors in intensifying inspection and inspection of the implementation of the provisions of the law on recruitment and management of foreign workers working in the above enterprises. City area; handle and strictly handle cases of violations of the labor law.

5. Request the police agency to handle immigration violations according to their competence in accordance with the provisions of law in cases where foreign workers work without work permits.

6. Make periodical reports and provide information:

- Summarize and report on recruitment and management of foreign workers working in Hanoi city according to the provisions of Circular No. 40 /TT-BLDTBXH dated October 25, 2016 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of a number of articles of the Government's Decree No. 11/2016/ND-CP dated February 3, 2016 on spending detailing the implementation of a number of articles of the Labor Code on foreign workers working in Vietnam and the revised Circular No. 18/2018/TT-BLDTBXH dated October 30, 2018 of the Ministry of Labor, War Invalids and Social Affairs. , supplementing a number of articles of the circulars related to administrative procedures within the scope of state management functions of the Ministry of Labor, War Invalids and Social Affairs.

- Monthly send a list of foreign workers who are granted work permits and confirm that they are not subject to work permits for employers in the locality to the City Police (Department PA08), Department of Health (send list of foreign workers who are granted work permits, certified not to be subject to work permits) to medical examination and treatment establishments, Department of Industry and Trade (send list of foreign workers). in addition to being granted a work permit, confirming that they are not eligible for a work permit to work for Representative Offices and Branches of foreign traders operating in specific commercial and commercial fields), the Department of Education and Training (send the list of foreign workers who are granted work permits, certifying that they are not eligible for work permits to the educational institutions) and the People's Committees of districts, towns by mail. electronic service (the milestone from the 16th of the previous month to the 15th of the next month).

- Exchange the situation, receive information, provide a list of foreign workers working at enterprises, organizations and individuals in the area to serve unexpected work requests at the request of departments, related industry.

Article 6. Responsibilities of the Management Board of Hanoi Industrial Parks and Export Processing Zones

To perform the task of state management of labor for enterprises in industrial parks and export processing zones, according to its competence, is responsible for:

1. Coordinating with relevant agencies in propagandizing and disseminating the provisions of the labor law on recruitment, management and employment of foreign workers and guiding the order, procedures and follow-up. receive and process dossiers for granting work permits, re-granting work permits, certifying that they are not eligible for work permits for foreign workers working for enterprises in industrial zones as authorized by the Department of Industry and Trade. Labor, Invalids and Social Affairs; store relevant records as prescribed by law.

2. Receive, appraise and approve in writing for each job position that is allowed to use foreign workers of the enterprise in industrial parks and export processing zones as authorized by the City People's Committee.

3. Monitor, summarize and report periodically before the 10th of the first month of the quarter, before the 15th of July and the 15th of January of the year on the situation of foreign workers working in industrial parks and Hanoi Export Processing Center with similar contents as prescribed in Circular No. 40/TT-BLDTBXH dated October 25, 2016 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of a number of articles of Decree No. 11/ 2016/ND-CP dated February 3, 2016 of the Government detailing the implementation of a number of articles of the Labor Code on foreign workers working in Vietnam and Circular No. 18/2018/TT-BLDTBXH dated February 3, 2016. October 30, 2018 of the Ministry of Labor - Invalids and Social Affairs amending and supplementing a number of articles of the circulars related to administrative procedures within the scope of state management functions of the Ministry of Labor - Invalids and Social Affairs to the Department of Labor - Invalids and Social Affairs for summarizing and reporting to the Ministry of Labor - Invalids and Social Affairs.

4. Send monthly list of foreign workers who have been granted work permits and confirmed that they are not eligible for work permits to work at enterprises in industrial parks and export processing zones in Hanoi to the Department of Labor. - Invalids and Social Affairs and City Police (Department PA08) via official email (database from the 16th of the previous month to the 15th of the next month).

Article 7. Responsibilities of the City Police

1. To coordinate in propagandizing, urging and guiding organizations, enterprises and individuals employing foreign workers to work in the City to strictly comply with regulations. Vietnamese laws relating to foreign workers.

2. To perform the state management of foreigners' entry, exit, residence and activities; issue visas, temporary residence cards, extend temporary residence, confirm temporary residence, organize and guide temporary residence declaration for foreign workers in the city.

3. Coordinating with the Department of Labor, War Invalids and Social Affairs, the Management Board of Hanoi Industrial Parks and Export Processing Zones, and the People's Committees of districts and towns to examine the situation of using foreign workers. outside of enterprises, organizations and individuals, strictly handle cases of violations of Vietnamese law related to foreign workers working and residing in Hanoi.

4. Cooperate with the Department of Justice in verifying cases of foreign workers who have made a written request for a judicial record card in accordance with law.

5. Handle immigration violations according to their competence in accordance with the law in case foreign workers working in the city do not have a work permit when receiving the request of the Department of Labor. - Invalids and Social Affairs and Management Board of Hanoi Export Processing and Industrial Zones.

6. Coordinating with relevant agencies in managing, guiding and urging foreign workers, enterprises, organizations and individuals employing foreign workers to comply with the provisions of the law. law on security and social safety. Detect, fight and prevent in time violations of the law on national security and social order and safety of foreign workers, enterprises, organizations and individuals that employ foreign workers. act is a foreigner; take handling measures according to its competence in accordance with the provisions of law.

7. On a monthly basis, provide information to the Department of Labor, War Invalids and Social Affairs and the Management Board of Hanoi Export Processing and Industrial Parks on the list of foreign workers authorized by the City Police (Department PA08) ) granting visas, temporary residence cards, extending temporary residence to organizations, businesses, contractors and individuals in the city via official email (database from 16 of the previous month to the date of next 15 months).

Every 6 months, annually, summarize the situation of foreign workers residing, studying and working in the city, reporting to the City People's Committee, and at the same time sending it to the Department of Labor, War Invalids and Social Affairs for synthesis. shared.

Article 8. Responsibilities of the Department of Planning and Investment

1. When granting a business registration certificate to an enterprise employing foreign workers, the Department of Planning and Investment shall coordinate with the Department of Labor and War Invalids. and the Society provide enterprises with documents on the provisions of the labor law on recruitment and management of foreign workers.

2. On a monthly basis, synthesize a list of newly established FDI enterprises and send it to the Department of Labor, War Invalids and Social Affairs and the City Police to coordinate in propagating and guiding the implementation of the provisions of the labor law. including regulations on recruitment and management of foreign workers.

3. Coordinating in inspecting and examining the use of labor in FDI enterprises and coordinating to handle violations when detecting violations.

Article 9. Responsibilities of the Department of Industry and Trade

1. To perform the function of state management of representative offices of foreign traders in accordance with law. To grant, adjust, extend and revoke the license to establish representative offices of foreign traders according to its competence.

2. To assume the prime responsibility for, and coordinate with relevant agencies in, inspecting the operation of representative offices of foreign traders in accordance with law.

3. Regularly notify in writing the issuance and termination of operation of representative offices of foreign traders licensed by the Department to management agencies, such as: Department of Labor, War Invalids and Social Affairs. , City Police, Hanoi Tax Department. Annually report to the City People's Committee on the licensing situation for the establishment of representative offices of foreign traders in the city.

Article 10. Responsibilities of the Department of Justice

1. Performing the role of the Standing Committee of the City Law Dissemination and Education Coordinating Council in advising and organizing the propagation and dissemination of the provisions of Vietnamese law. related to recruitment and management of foreign workers working in Vietnam.

2. Cooperate with the City Police in the issuance of criminal record cards to foreigners.

3. Every 6 months and annually, report to the City People's Committee on the situation of confirming the criminal record for foreign workers in the city, and at the same time send it to the Department of Labor, War Invalids and Social Affairs to summarize. general agreement.

Article 11. Responsibilities of the Department of Foreign Affairs

1. Support the City's functional agencies to exchange information with foreign consular offices in the City related to foreign workers. Coordinating with foreign consular offices in the city and the competent authorities of the city in handling cases of foreign workers violating the labor law.

2. Acting as a bridge between the Consular Department and the units of Hanoi city when receiving requests from the Consular Department on consular issues related to foreign workers working in the city.

3. To assume the prime responsibility for advising the City People's Committee to receive, manage and guide foreign volunteers to work at agencies, organizations and units in addition to the programs and projects that have been signed and approved by the Government. approved by the competent authority.

4. Coordinating with the Department of Labor, War Invalids and Social Affairs in synthesizing, making statistics, and guiding foreign individuals and non-governmental organizations to carry out procedures for applying for work permits and certifying that they are not eligible. issue work permits to foreigners working in Hanoi.

Article 12. Responsibilities of the Department of Health

1. Directing and guiding medical examination and treatment establishments under their management to carry out medical examination procedures for foreigners in order to issue work permits in accordance with regulations of the Ministry of Health. economic.

2. Inspecting and inspecting the operation of health examination facilities as prescribed, suspending the operation of health examination or handling violations according to its competence, for medical examination establishments for foreign workers does not meet the conditions prescribed by the Ministry of Health.

3. Coordinating with relevant units in managing foreign workers engaged in medical and pharmaceutical activities in the city in accordance with the provisions of law.

4. Every 6 months and annually, report to the City People's Committee a list of private medical and pharmaceutical practice establishments with foreign elements, and at the same time send them to the Department of Labor, War Invalids and Social Affairs for general synthesis and coordination. management suit.

Article 13. Responsibilities of the Department of Education and Training

1. To perform the function of state management over the operation of education and training institutions in the city that employs foreigners according to regulations. provisions of the law.

2. Coordinating with the Department of Labor, War Invalids and Social Affairs, the City Police and state management agencies in the locality in inspecting, inspecting and handling violations (if any) on the operation of the Company. educational and training institutions employing foreign workers.

Article 14. Responsibilities of the Department of Culture and Sports

Strictly comply with regulations, procedures and conditions for foreign workers working at cultural, sports facilities, gymnastics clubs sports using foreign athletes and coaches; regularly check and monitor the number of units operating in the field of culture and sports employing foreigners within the management sector or field.

Article 15. Responsibilities of the Department of Construction

1. Coordinating with the Department of Labor, War Invalids and Social Affairs and the City Police in assessing the operation situation of enterprises employing foreign workers within the scope of their work. management sector.

2. Quarterly, inform the Department of Labor of the Department of Labor on the status of new establishment or dissolution of operating offices, construction management boards, contractors, and the number of foreigners working in these units. - Invalids and Social Affairs to coordinate monitoring and management.

Article 16. People's Committees of districts, towns

1. Coordinating with the Department of Labor, War Invalids and Social Affairs, the Management Board of Hanoi Industrial Parks and Export Processing Zones and related branches to inspect and review control foreign workers residing and working in enterprises, organizations and individuals in the locality for monitoring and management.

2. Direct the Division of Labor - Invalids and Social Affairs, the Public Security and Justice to well perform the state management function and the regulations on the management of foreign workers working in the locality.

3. To supervise and take measures to strictly manage foreign workers residing and working in the locality in respect of the observance of legal provisions on recruitment and management of foreigners working in enterprises and organizations. organizations and individuals within the district, town or township management.

4. Appoint members to join the City's interdisciplinary working group to inspect the observance of legal regulations on recruitment and management of foreigners working at enterprises, organizations and individuals in the locality when available. request.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 17. Departments, departments, branches of the city, People's Committees of districts, towns within the scope, tasks and powers of the unit organize, implement the implementation of Regulations this and other legal regulations related to foreign workers working in the management area.

Assign the Department of Labor, War Invalids and Social Affairs to assume the prime responsibility for, and act as a focal point in coordination with, other departments, agencies and sectors of the city, the People's Committees of districts, towns and other relevant agencies and organizations in general. collect, process information and urge the implementation of this Regulation.

In the course of implementation, difficulties and problems arise, request agencies, units and organizations to promptly report them to the Department of Labor, War Invalids and Social Affairs for summarizing, reporting and proposing the Committee to the Committee. City people direct and resolve./.