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PEOPLE'S COMMITTEE

HO CHI MINH CITY

DEPARTMENT OF LABOR - 

INVARIALS AND SOCIAL

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No: 5756/SLDTBXH-VLATLD

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

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Ho Chi Minh City, February 26, 2021


INSTRUCTIONS ON

 IN DECREE No. 152/2020/ND-CP DATE DECEMBER 30, 2020, 2020


     Pursuant to Decree No. 152/2020/ND-CP dated On December 30, 2020 of the Government, regulations on foreign workers working in Vietnam and recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam (referred to as Decree No. Decree No. 152/2020/ND-CP);

     In order to unify the implementation of regulations on recruitment and use of foreign workers, the Department of Labor, War Invalids and Social Affairs cites a number of contents as follows:


I. Order of recruitment and employment foreign workers working in Vietnam

1. Determining the need to employ foreign workers

- At least 30 days before the expected date of employment of foreign workers, the employer shall report and explain. employer needs to the labor agency,

- In the course of implementation, if there is a change in demand for using foreign workers, the employer must report at least 30 days in advance.

2. Confirm that he is not eligible. issue of work permit/Issuance, re-issuance, extension of work permit (referred to as work permit)

The employer will perform one of the following contents after being approved by the labor agency Employers, specifically:

- Confirm foreign workers are not subject to work permits: The employer requests the labor management agency g at least 10 days in advance from the date the foreign worker starts working.

- Issuance of work permit: At least 15 days before thedate the foreign worker is expected to start working in Vietnam.

- Extension of work permit: when the issued work permit isvalid for stillat least 5 days but not more than 45 days.

- Re-issuance of a work permit: when the work permit is still valid, in one of the following cases, such as loss, damage or change of full name, nationality, passport number, and working location.

3. Signing of labor contracts

- Foreign workers working in the form of labor contracts, after being granted a work permit, the employer and the foreign worker must sign a labor contract. written employment in accordance with Vietnamese labor law before the expected date of employment for the employer

- The employer must send the signed labor contract (original or certified copy) to the competent authority that has issued the work permit.

4. Report on the use of foreign workersforeignof foreign

Theemployer shall report the first 6 months of the yearworkers. (before July 5) and annually (before January 5 of the following year) on the useemploying foreign workers to send them to the labor management agency

5. Withdrawal of work permits

- The employer revokes the work permits of foreign workers according to the provisions of Clauses 1, 2, 3 , 4, 5, 6 and 7 Article 156 of the Labor Code, within 15 days from the date of expiration of the work permit, to submit it to the labor management agency together with a document clearly stating the reason for the revocation, the school subject to recall but not recoverable.

- The work permit-issuing agency shall issue a decision to revoke the permit for the case specified in Clauses 2 and 3, Article 20 of Decree No. 152/2020/ND-CP.

II. Components of dossiers related to work permits and processing time:

1. Determination of demand for foreign workers

1.1. Scope of application:

Cases of foreign workers working in Vietnam, except for some cases specified in Clauses 3, 4 and 5, Article 154 of the Labor Code and Clauses 1, 2, and 8, 9, 10, 11, 12 and 13 Article 7 of Decree No. 152/2020/ND-CP are not required to determine the need to employ foreign workers.

1.2. Components of the dossier:

- A report explaining the need to employ foreign workers, made according to Form No. 01/PLI, Appendix I issued together with Decree No. 152/2020/ND-CP;

- Report on changes in demand for foreign workers, Form No. 02/PLI, Appendix I issued together with Decree No. 152/2020/ND-CP.

1.3. Processing time: 05 working days

2. Confirmation of not being eligible for a work permit:

2.1. Scope of application:

The cases specified in Clauses 3, 4, 5, 6, 7 and 8 Article 154 of the Labor Code and Article 7 of Decree No. 152/2020/ND-CP.

2.2. Dossier composition:

Comply with regulations, in Clause 3, Article 8 of Decree No. 152/2020/ND-CP, including:

- A written request to certify that the foreign worker is not eligible for a permit. employees according to Form No. 09/PLI Appendix I promulgated together with Decree No. 152/2020/ND-CP;

- Health certificate or medical examination paper;

- A written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required;

- A certified true copy of a valid passport as prescribed by law;

- Documents to prove that the foreign worker is not eligible for a work permit;

2.3. Processing time: 05 working days.

2.4. Cases that do not have to carry out procedures to confirm that foreign workers are not eligible for work permits:

a. Scope of application:

The cases specified in Clauses 4, 6 and 8 Article 154 of the Labor Code and Clauses 1, 2, 8 and 11 Article 7 of Decree No. 152/2020/ND-CP are not required to carry out procedures. continue to confirm that the foreign worker is not subject to a work permit but must report to the labor agency, including:

- Entering Vietnam for less than 3 months to make a service offering.

- Being a foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.

- Foreigners marry Vietnamese and live in Vietnamese territory.

- Owners or capital contributors of limited liability companies with a capital contribution value of VND 3 billion or more.

- Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.

- Entering Vietnam to work as a manager, executive director, expert or technical worker for less than 30 days and no more than 3 times in a year.

- Relatives of members of foreign representative missions in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a signatory.

b. Report to the labor agency:

- The employer will report in writing to the labor agency about the cases where the foreign worker is not required to carry out procedures to confirm that the foreign worker is not subject to the issuance of a work permit. information: full name, age, nationality, passport number, name of foreign employer, start and end date of work, job position, job title.

- Time to make the report: at least 3 days before the date the foreign worker is expected to start working in Vietnam.

3. Issuance of work permits:

3.1. Profile composition:

a. Comply with the provisions of Article 9 of Decree No. 152/2020/ND-CP, including:

- The employer's written request for a work permit, made according to Form No. 11/PLI Appendix I issued attached to Decree No. 152/2020/ND-CP.

- A health certificate or medical examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for a period of 12 months from the date of signing the health conclusion to the date of submission. records or certificates of sufficient health as prescribed by the Minister of Health.

- A judicial record card or a document certifying that the foreign worker is not a person who is currently serving a sentence or has not yet been cleared of criminal records or is being examined for criminal liability by a foreign country or issued by Vietnam within 06 months from the date of issuance to the date of application submission.

- Documents and papers proving that they are managers, executives, experts, technical workers and a number of occupations and jobs.

- 02 color photos.

- Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required.

- Certified copy of valid passport as prescribed by law.

- Documents related to foreign workers.

b. Dossier of application for a work permit for some special cases:

* Case 1: For a foreign worker who has been granted a valid work permit and wishes to work for the foreign worker. Other employers in the same job position and the same job title stated in the work permit:employer's

- Thewritten request for a work permit, made according to Form No. 11/PLI Appendix I issued accompanying this Decree.

- 02 color photos.

- Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required.

- Certified copy of valid passport as prescribed by law.

- Documents related to foreign workers

* Case 2: For foreign workers who have been granted work permits and are still valid but change their job position or job title or form the working method stated in the work permit as prescribed by law but the employer does not changeemployer's

- Thewritten request for a work permit, made according to Form No. 11/PLI, Appendix I issued issued together with Decree No. 152/2020/ND-CP.

- Documents and papers proving that they are managers, executives, experts, technical workers and some occupations and jobs

- 02 color photos.

- A written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required.

- Certified copy of valid passport as prescribed by law.

- Documents related to foreign workers.

3.2. Processing time: 05 working days

4. Extension of work permit:

4.1. Dossier:

Comply with the provisions of Article 17 of Decree No. 152/2020/ND-CP

- Employer's written request for extension of work permit, made according to Form No. 11/PLI, Appendix I promulgated together with Decree No. 152/2021.ND-CP.

- 02 color photos.

- A valid work permit has been issued.

- Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required.

- Certified copy of valid passport as prescribed by law.

- Health certificate or medical examination certificate.

- Documents related to the foreign worker proving that the foreign worker continues to work for the employer according to the content of the issued work permit.

4.2. Processing time: 05 working days

5. Re-issuance of work permit:

5.1. Components of the application file:

Comply with the provisions of Article 13 of Decree No. 152/2020/ND-CP

- The employer's written request for re-grant of a work permit, made according to Form No. 11/PLI, Appendix I promulgated together with Decree No. 152/2020/ND-CP.

- 02 color photos.

- The valid work permit has been granted:

+ In case the work permit is lost, it must be certified by the commune-level police agency where the foreigner resides or a foreign competent agency according to regulations. provisions of law;

+ In case of change of contents written on the work permit, there must be proofs.

- Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required.

5.2. Processing time: 03 working days

6. Revocation of work permit:

6.1. The employer revokes the work permit of the foreign worker:

a. Cases in which the work permit expires as prescribed in Clauses 1, 2, 3, 4, 5, 6 and 7 Article 156 of the Ministry. Labor law, including:

- Expired work permit.

- Termination of the labor contract.

- The content of the labor contract does not match the content of the issued work permit.

- Working in contravention of the contents of the issued work permit.

- Contracts in the fields that are the basis for the expiration or termination of the work permit.

- There is a written notice of the foreign party to stop sending foreign workers to work in Vietnam.

- An enterprise, organization, partner on the Vietnamese side or a foreign organization in Vietnam that employs foreigners ceases to operate.

b. After revocation, the employer shall return the work permit issued by the labor agency, together with a document clearly stating the reason for the revocation, and in the event that it is subject to revocation but cannot be revoked.

c. Time to confirm the work permit has been revoked: 05 working days, the labor agency shall send a written confirmation that the work permit has been revoked to the employer.

6.2. The labor agency issues a decision to revoke the work permit:

a. Cases in which a decision to withdraw is issued:

- The employer or foreign worker fails to comply with the provisions of this Decree.

- Foreign workers in the process of working in Vietnam do not comply with Vietnamese laws, affecting security, social order and safety.

b. The labor agency that has issued the work permit issues a decision to revoke the work permit according to Form No. 13/PLI Appendix I issued together with Decree No. 152/2020/ND-CP, notifying the employer to revoke the foreign worker's work permit and return it to the agency that issued the work permit.

In the course of implementation, if there is any content that needs to be discussed and proposed, the agency, organization or enterprise is requested to contact the Department of Employment - Occupational Safety, the Department to receive and return the results of the application under the Department of Health. Labor - Invalids and Social Affairs for instructions on how to comply with regulations, or send the exchange content to email: sldtbxh@tphcm.gov. vn, or vlatld.sldtbxh@tphcm.gov.vn./.

Receiving place:

- City People's Committee;

- Director, Deputy Director of Department of Labor, War Invalids and Social Affairs;

- Management Board of EPZ-CN.TP, Management Board of IZC.TP;

- Business associations in the city;

- Department of Labour, Invalids and Social Affairs of Thu Duc City, districts;

- Office of the Department (One-Stop Department);

- Save: VP, P.VLATLD (PT).


DIRECTOR

 

 

Le Minh Tan








 

REFERENCE FORM

NAME OF BUSINESS AGENCY/ORGANIZATION

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No. : …….…… For

 SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

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…………., date ... month ... year ... ...

 

foreign workers who do not have to carry out procedures to confirm that foreign workers are not subject to work permits

 





To: ............................(1)... ..............................

Name: ..............................

Fax: .......... .................

Email:................................ ......

Business/activity: ………….

Contact information of applicant (full name, phone number, email): ....... .............(2).......... report whether the foreign worker is expected to work or not must carry out procedures to confirm that the foreign worker is not eligible for a work permit, specifically as follows:

Full name: ..................... ................. Gender: ................ .................................

Date of birth: .......... ................................. ..............................

Nationality: .. ................................Passport: .............. ................................. ....

Job position: ................. Job title: ..................... ..........................

Time to start working: ................. Time to end work: ..................... ....

Working address: ............................ .........

In case of not having to carry out procedures to confirm that the foreign worker is not eligible for a work permit (specify who belongs to any of the subjects specified in Clauses 4, 6 and 8, Article 154 of this Law). Labor Code and Clauses 1, 2, 8 and 11 Article 7 of Decree No. 152/2020/ND-CP):

(Attach relevant documents)

 

Receiving place:

- As above;

- Save:

LEGAL REPRESENTATIVE

(Signature and full name, title, seal)

(1): Department of Labor - Invalids and Social Affairs/ Management Board of Export Processing Zones and City Industry, Board of Directors City Hi-Tech Park management

(2): Fill in the full name of the agency, organization or enterprise

 

NAME OF BUSINESS AGENCY/ORGANIZATION

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SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

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Number:

V/ v revoke the work permit of the foreign worker

…………., date ... month ... year ......

To: ............................(1)... ..............................

Name of organization/enterprise: ………………..

Address: …………………………………………………… …………

Phone: ................................. Fax: .......................... Email:...................... ............

Business/activity: ……………………………………………………..

Contact information of applicant (last name) name, phone number, email): ……..

(2)……status report revoke the work permit, specifically as follows:

Full name: ................................. .................. Gender: ................. .......................

Date of birth: ..................... ................................. ................................

Nationality: ............ ...................Passport: ........................... ..............................

Job position: .... ............... Job Title: .............................. ............

Time to start working: From date ... month ... year ...... to day ... month ... year .........

Reason for recall (specify reason): ................................ ................

(Attach work permit)

Receiving place:

- As above;

- Save:

LEGAL REPRESENTATIVE

(Signature and full name, title, stamp)

(1) : Department of Labor - Invalids and Social Affairs/ Management Board of Export Processing Zones and City Industry, Board of Directors City Hi-Tech Park management

(2): Fill in the full name of the agency, organization or enterprise