- Translation supported by Google translate-

PEOPLE'S COMMITTEE OF
BINH DUONG PROVINCE
 -------

 

No: 15/2017/QD-UBND

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 ---------------

 

Binh Duong, July 18, 2017

 

DECIDES TO

PROMULGATE REGULATIONS ON COOPERATION IN MANAGEMENT OF FOREIGN EMPLOYEES WORKING IN BINH DUONG


PROVINCE BINH DUONG PROVINCE PEOPLE'S COMMITTEE

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

Pursuant to the Law on Promulgation of Legal Documents dated June 22, 2015;

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

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 regarding foreign workers working in Vietnam;

Pursuant to the Government's Decree No. 07/2016/ND-CP dated January 25, 2016 detailing the Commercial Law on representative offices and branches of foreign traders in Vietnam;

At the request of the Director of the Department of Labor, War Invalids and Social Affairs in Report No. 100/TTr-SLDTBXH dated June 21, 2017.


DECIDES:

Article 1. To promulgate together with this Decision the Regulation on coordination in management of foreign workers working in Binh Duong province.

Article 2.- To assign the Department of Labor, War Invalids and Social Affairs to act as the focal point and coordinate with relevant Departments and branches in organizing the implementation of this Decision.

Article 3. Chief of Office of Provincial People's Committee, Directors of Departments and sectors: Labor - Invalids and Social Affairs, Provincial Police, Foreign Affairs, Planning and Investment, Justice, Health, Industry and Trade; Head of Management Board of Binh Duong Industrial Parks. Head of Vietnam - Singapore Industrial Park Management Board; Presidents of People's Committees of districts, towns and cities are responsible for the implementation of this Decision.

This Decision takes effect from August 1, 2017 and replaces the Decision No. 12/2014/QD-UBND dated April 25, 2014 of the People's Committee of Binh Duong province on promulgating the Regulation on coordination in recruitment. recruitment and management of foreign workers working in Binh Duong province.


Receiving place:
 
- Standing Committee of the National Assembly;
- Offices: National Assembly, Government;
- Ministry of Labour, Invalids and Social Affairs;
- Department of Civil Engineering and Legal Affairs - Ministry of Justice;
- TTTU, Provincial People's Council, Provincial National Assembly Representative;
- President, Vice President of Provincial People's Committee;
- As Article 3;
- LDVP, Thai, TH, HCTH, TTCB, Provincial website;
- Save: VT.
TM. PEOPLE'S COMMITTEE
KT. PRESIDENT
VICE PRESIDENT




Dang Minh Hung






REGULATION

COORDINATION LABOR MANAGEMENT WORKING FOREIGNERS BINH DUONG PROVINCE

(Issued together with Decision No. 15/2017 / QD-Committee dated 18/07/2017 of the provincial People's Committee)


CHAPTER I

RULES GENERAL PROVISIONS

Article 1. Scope of

regulation This Regulation stipulates the principles, responsibilities and coordination relations between the State management agencies of the province in the management of foreign workers working in enterprises. businesses, agencies and organizations operating in Binh Duong province.

Article 2. Subjects of application

1. Department of Labor, War Invalids and Social Affairs, Provincial Police, Department of Justice, Department of Industry and Trade, Department of Planning and Investment, Department of Foreign Affairs, Department of Health, Management Board of Binh Duong Industrial Park, Vietnam Singapore Industrial Park Management Board and People's Committees of districts, towns and cities.

2. Foreign employees working in Binh Duong and employers of foreigners according to the provisions of Article 2 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, including:

a) Employees who are foreign citizens working in Vietnam (hereinafter referred to as foreign workers) foreign workers) in the following forms:

- Performance of labor contracts;

- Moving within the enterprise;

- Performing various types of contracts or agreements on economics, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health;

- Contracted service providers;

- Offering services;

- Working for a foreign non-governmental organization or an international organization in Vietnam that is permitted to operate in accordance with Vietnamese law;

- Volunteers;

- Person responsible for establishing commercial presence;

- Managers, executives, experts, technical workers;

- Participating in the implementation of bidding packages and projects in Vietnam.

b) Foreign employers, including:

- Enterprises operating under the Enterprise Law, Investment Law or international treaties to which the Socialist Republic of Vietnam is a signatory;

- Foreign or domestic contractors participating in bidding and contract performance;

- Representative offices, branches of enterprises, agencies and organizations licensed to be established by competent agencies;

- State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations;

- Foreign non-governmental organizations, international organizations in Vietnam;

- Non-business organizations established in accordance with law;

- Offices of foreign projects or international organizations in Vietnam;

- The operating office of the foreign investor in the business cooperation contract or of a foreign contractor that is registered to operate in accordance with law;

- Organizations practicing law in Vietnam according to the provisions of law;

- Cooperatives and unions of cooperatives established and operating under the Law on Cooperatives;

- Business associations and associations established in accordance with law;

- Business households and individuals are allowed to conduct business in accordance with the law.

Article 3. Principles of coordinationCoordination

1.activities among State management agencies in the management of foreign workers coming to work in the province shall be carried out on the principle of compliance with regulations of the State. the law, in accordance with the functions, tasks and powers of each agency. At the same time, enhance responsibility for effective implementation in handling administrative procedures and issues related to foreigners.

2. State management agencies are responsible for organizing the implementation of the management of foreign workers working in the province within the scope of their prescribed responsibilities, proactively coordinating with relevant agencies and units. related to ensure consistency and synchronization in performing the State management of foreign workers to reside and work in the province, ensure professional regulations, quality requirements and promote responsibility for coordination. At the same time, create favorable conditions for businesses, agencies and organizations that employ foreign workers and foreign workers to work in Binh Duong province.

3. Ensure regular, close and timely coordination and exchange of information among State management agencies on recruitment, employment and management of foreign workers to solve difficulties , problems arise.

Article 4. Contents of coordination

1. Develop a plan to guide, propagate and disseminate the basic contents of the labor law in the management of foreign workers residing and working in the province: Regarding the order and procedures for recruitment, grant and re-grant of work permits, issuance of judicial record cards, entry and exit, grant and extension of visas, registration of temporary residence, grant of temporary residence cards, detection and handling of cases. strictly handle cases of failure to comply with the provisions of law and other relevant contents.

2. Coordinate inspection and inspection of the implementation of the provisions of law on the situation of using foreign workers to work in the province; strictly handle violations of the law.

3. Exchange information about violations of foreign employers and foreign workers in service of management, inspection and handling quickly, promptly and in accordance with regulations.

4. Synthesize reports and provide information among agencies and organizations on the recruitment, employment and management of foreign workers working in Binh Duong.

Chapter II

RESPONSIBILITIES OF COOORING AGENCIES

Article 5. General responsibilities of relevant Departments and Branches and People's Committees of districts, towns and cities

1. Coordinating with the Department of Labor - Invalids and Social Affairs propose and propose solutions for each case beyond its competence, and submit it to the Provincial People's Committee for consideration and decision.

2. Solve problems related to foreign workers according to their competence and notify the results to the Department of Labor, War Invalids and Social Affairs to summarize and report to the Provincial People's Committee.

3. Implement the regime of regular or irregular information on foreign workers under its management so that the Department of Labor, War Invalids and Social Affairs will summarize and report to the Provincial People's Committee.

 

Article 6. Specific responsibilities

1. The Department of Labor, War Invalids and Social Affairs:

a) Take the prime responsibility for, and coordinate with relevant Departments, departments and branches in, urging and guiding enterprises, organizations and individuals using employing foreign workers (hereinafter referred to as the unit employing foreign workers) to comply with the provisions of law on management of foreign workers working in the province;

b) Organize propaganda and dissemination of provisions of Vietnam's labor law to enterprises, agencies, organizations, investors, contractors and employees in the province. Coordinate with provincial departments, agencies and related units in inspecting and inspecting the implementation of legal provisions on recruitment, employment and management of foreign workers working in units that employ foreign workers in the province. Handle and propose competent authorities to handle administrative violations according to the provisions of Article 22 of Decree No. 88/2015/ND-CP dated October 7, 2015 of the Government amending and supplementing a number of articles of 95/ 2013/ND-CP dated August 22, 2013 of the Government on sanctioning administrative violations in the field of labor, social insurance and sending Vietnamese workers to work abroad under contracts;

c) Receive and handle the grant and re-issuance of permits and archive dossiers of application for issuance and re-grant of work permits for foreigners working in enterprises, agencies and organizations located outside industrial zones. in the province in accordance with current regulations;

d) Every 6 months, assume the prime responsibility for, and coordinate with relevant branches in, inspecting and inspecting the implementation of legal provisions on the management of foreign workers working at enterprises and agencies. , organizations, projects, bidding packages won by foreign contractors in the province;

dd) Advise the Provincial People's Committee to organize a preliminary meeting to evaluate the coordination between functional departments, agencies, branches, People's Committees of districts, towns and cities in order to solve problems in the process. the implementation process and direct the implementation in a timely manner;

e) Revoking the issued work permit under the provisions of Article 17 of the Government's Decree No. 11/2016/ND-CP dated February 3, 2016 detailing the implementation of an article No. of the Labor Code about foreign workers working in Vietnam;

g) Within 15 working days from the date of determining that the foreign worker working in Vietnam does not have a work permit, the Department of Labor, War Invalids and Social Affairs shall request the police agency to expel the foreign worker. that foreign worker. Except for cases where foreign workers are not eligible for work permits as prescribed in Article 7 of Decree No. 11/2016/ND-CP dated February 3, 2016 of the Government;

h) Periodically the first 6 months of the year (before July 15) and the last six months of the year (before January 15 of the following year) summarize and report to the Ministry of Labor, War Invalids and Social Affairs and the Provincial People's Committee on the situation of foreigners working at enterprises, agencies and organizations in the province;

i) Guiding enterprises, agencies and organizations to determine the need to employ foreign workers for each job position that Vietnamese workers have not yet met. The Department of Labor, War Invalids and Social Affairs receives, synthesizes and assesses the demand for foreign workers for each job position of enterprises, agencies and organizations located outside industrial zones and reports to the President. Provincial People's Committee for approval. To notify in writing of each job position that is permitted to use foreign workers for each employer as approved by the Chairman of the Provincial People's Committee;

k) Periodically before the 10th (tenth) of every month, the Department of Labor, War Invalids and Social Affairs shall send a list of foreigners who have been granted or re-granted work permits, foreigners who are not subject to work permits. for the Provincial Police for enterprises, agencies and organizations located outside industrial zones;

l) The Department of Labor, War Invalids and Social Affairs is responsible for receiving dossiers and certifying that foreign workers are not eligible for work permits for enterprises, agencies and organizations located outside industrial zones. and must be recorded in the monitoring book as prescribed by law.

m) Applying information technology in the management and granting of work permits and re-issuance of work permits to foreigners working in Binh Duong.

n) Organize the introduction and supply of labor for employers or contractors in accordance with law.

2. Provincial Police

a) Coordinate with the Department of Labor, War Invalids and Social Affairs, Binh Duong Industrial Park Management Board, Vietnam Singapore Industrial Park Management Board to propagate the law and guide and inspect supervise the implementation of the provisions of the law on foreign workers working in Binh Duong province;

b) Issue visas and temporary residence cards to foreigners after being granted or re-granted work permits, certifying that they are not eligible for work permits;

c) Failing to issue work visas or temporary residence cards to foreigners working in Binh Duong who have not yet been granted a work permit or the work permit is expired or invalid, except for those who are not eligible for the grant. work permit;

d) Expulsion of foreign workers working in Binh Duong without a work permit at the request of the Department of Labor, War Invalids and Social Affairs;

dd) Instructing foreign employers and foreign workers to carry out the following procedures: Application for grant, supplementation, amendment of visa, grant of temporary residence card, extension of temporary residence, registration for temporary declaration stay in accordance with regulations;

e) Notify the Department of Labor, War Invalids and Social Affairs in case it is discovered that a foreigner is working without a work permit or a foreigner using a work permit that is not suitable for the employer. motion; workers using visas for improper purposes to work in Binh Duong;

g) Actively coordinate with the Department of Labor, War Invalids and Social Affairs and functional agencies to check when detecting foreign workers without work permits to strictly handle organizations and individuals who are not working in Vietnam. Foreigners violate Vietnamese laws on labor, entry, exit and residence.

3. Department of Justice

a) Coordinate with Department of Labor, War Invalids and Social Affairs to plan training, dissemination and implementation of documents on management of foreign workers for enterprises. , agencies and organizations employing foreign workers;

b) Guide the order, procedures and issue criminal record cards to foreigners currently residing in the province upon request.

c) Once every 6 months, provide the Department of Labor, War Invalids and Social Affairs and relevant departments and agencies with the list of foreign lawyers who have been granted law practice licenses by the Ministry of Justice. in the province to coordinate monitoring and management (notify before June 30 and before December 31).

4. Department of Planning and Investment

a) When granting an investment certificate or an enterprise registration certificate using foreign workers; The Department of Planning and Investment shall coordinate with the Department of Labor, War Invalids and Social Affairs to provide enterprises with documents guiding the labor legislation on management of foreign workers;

b) Every 3 months, provide the list of newly established enterprises to the Department of Labor - Invalids and Social Affairs and relevant departments and branches for updating, monitoring and management (notified before the 10th of January). first month of the following quarter).

5. Department of Industry and Trade:

a) Cooperate with the Department of Labor, War Invalids and Social Affairs in guiding representative offices employing foreign workers in the province to implement the provisions of the labor law. on foreign labor management;

b) Instruct the head of the representative office to notify the labor use situation of the office to the Department of Industry and Trade and the Department of Labor, War Invalids and Social Affairs 07 days before the foreigner comes to work in Vietnam. Binh Duong or when there is a change in personnel related to foreign workers;

c) Once every 3 months, provide the Department of Labor, War Invalids and Social Affairs and relevant Departments and sectors with the list, status of granting operation permits, renewal and dissolution of representative offices. representative offices, branches employing foreign workers operating in the province to coordinate monitoring and management (notify before the 10th of the first month of the next quarter).

6. Department of Foreign Affairs:

Once every 3 months, provide a list of organizations, individuals, and non-governmental organizations operating in Binh Duong province to the Department of Labor, War Invalids and Social Affairs and other departments. Relevant industry, instructions for organizations and individuals to contact the Department of Labor - Invalids and Social Affairs to carry out procedures to apply for a work permit for foreigners (notify before the 10th of the first month of the next quarter). follow).

7. Department of Health:

a) Direct medical facilities to organize medical examination for foreigners in order to issue work permits according to regulations of the Ministry of Health;

b) Cooperate with relevant units in managing foreigners who register for private medical and pharmaceutical practice in the province in accordance with current law.

8. People's Committees of districts, towns and cities:

Direct the People's Committees of communes, wards and townships and the district, town and city police to perform a number of the following contents:

a) Directing functional agencies shall organize statistics and review the number of foreign workers residing and working in the areas under their management for monitoring and management;

b) Receive the registration for those who have sufficient dossiers for temporary residence registration and create favorable conditions for foreign workers residing in the locality in accordance with the provisions of law;

c) Proposing to inspect and guide foreign workers to properly and fully comply with local residence registration documents and procedures. Open a book to monitor, manage and make a list of the number of employees who fail to complete the procedures for declaring temporary residence as prescribed and who violate the law to report to the superior police agency for handling measures;

d) Direct the Division of Labor - Invalids and Social Affairs to coordinate with the Public Security and Justice agencies to grasp the situation, guide and inspect the implementation of the provisions of the law on foreign workers working in the locality. desk under management;

e) Direct the Division of Labor - Invalids and Social Affairs to monitor, summarize and report on the situation of foreign workers working in enterprises, agencies and organizations in the area under their management periodically. The first six months of the year and the last six months of the year (before June 30 and before December 31) to the Department of Labor, War Invalids and Social Affairs to summarize and report to the Provincial People's Committee.

9. Binh Duong Industrial Park Management Board, Vietnam - Singapore Industrial Park Management Board:

a) Coordinate with Department of Labor, War Invalids and Social Affairs to propagate and guide regulations on management work foreign workers working in Binh Duong; on the order and procedures for granting work permits and the use of work permits; responsibilities of foreigners, employers and state agencies in managing foreign workers working in industrial parks;

b) Guiding enterprises, agencies and organizations to determine the demand for foreign workers for each job position that Vietnamese workers have not yet met. Receiving, synthesizing and appraising the demand for using foreign workers for each job position of enterprises, agencies and organizations in industrial parks and reporting to the Chairman of the Provincial People's Committee for approval; Then, notify in writing of each job position that is allowed to use foreign workers for each employer as approved by the Chairman of the Provincial People's Committee and send it to the Department of Labor and War Invalids. and Society;

c) Cooperate with relevant provincial departments, agencies and units in inspecting and inspecting the implementation of legal provisions on management of foreign workers working in industrial parks;

d) Receive and handle the grant and re-grant of permits and store work permit dossiers of foreigners working under their management in accordance with current regulations;

dd) Quarterly (before the 5th day of the first month of the next quarter), the first 6 months of the year (before the 5th of June) and the last 6 months of the year (before the 5th of January of the following year) to summarize the situation of people Foreigners working in enterprises, agencies and organizations in industrial zones shall report to the Department of Labor, War Invalids and Social Affairs for general synthesis of the province and report to the Provincial People's Committee, the Ministry of Labor and War Invalids. and Society and relevant authorities;

e) Periodically, before the 5th (year) of each month, send a list of foreigners who have been granted or re-issued work permits and certifications of workers not eligible for work permits to the Department of Labor, War Invalids and Social Affairs. Association and Provincial Police;

g) Receive dossiers and certify that foreign workers not subject to work permits are located in the industrial park and must enter the monitoring book; at the same time, send a written confirmation to the Department of Labor - Invalids and Social Affairs;

h) Applying information technology in the management and granting of work permits and re-issuance of work permits to foreigners working in enterprises, agencies and organizations in industrial parks.

Chapter III

RESPONSIBILITIES OF ENTERPRISES, ORGANIZATIONS AND INDIVIDUALS USING FOREIGN EMPLOYEES

Article 7. Determination of job positions permitted to employ foreign workers

1. Demand for employing foreign workers

Users Employers (except contractors) are responsible for determining the need to employ foreign workers for each job position that Vietnamese workers cannot meet and reporting to the Chairman of the Human Resources Committee. province where the foreign worker is expected to work. During the implementation process, if there is a change in the demand for using foreign workers, the employer must report to the Chairman of the Provincial People's Committee.

2. The contractor's need to use foreign workers

a) Before recruiting foreign workers, the contractor is responsible for declaring the number, qualifications, professional capacity and experience of the foreign workers. Foreigners need to mobilize to implement the bidding package in Vietnam and request to recruit Vietnamese workers for the positions that are expected to recruit foreign workers (attached to the investor's confirmation) to the Chairman of the Committee. People's Committee of the province where the contractor implements the bidding package.

b) In case it is necessary to employ foreign workers with expertise suitable to the requirements of the bidding package, in the bidding dossier and dossier of requirements, the quantity, qualifications, professional capacity and experience must be declared. mobilized by foreign workers to perform the bidding package; It is strictly forbidden to use foreign workers to perform jobs that Vietnamese workers are capable of performing and meet the requirements of the bidding package, especially unskilled and unskilled workers. major;

In case the contractor wishes to adjust and supplement the number of employees identified in the bid dossier or dossier of proposals, the investor must certify the plan to adjust and supplement the labor demand of the contractor. Foreign Contractor;

c) The investor shall guide, urge and inspect the contractor to comply with regulations on recruitment and use of foreign workers to work for the contractor in accordance with law; monitor and manage foreign workers to comply with the provisions of Vietnamese law;

d) Before the 5th of the first precious month, report to the Department of Labor - Invalids and Social Affairs on the recruitment, employment and management of external workers by contractors in accordance with the law.

Article 8. Enterprises, organizations and individuals are responsible for fully implementing regulations on procedures and dossiers for registration, recruitment and employment of foreign workers in strict accordance with 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. To request the grant and re-grant of work permits to foreigners in accordance with law; to apply for visas and temporary residence cards for foreigners according to regulations after being granted or re-granted work permits. Employing foreign workers to do the job according to the contents of the issued work permit, signing a written labor contract, ensuring the regimes and interests of foreign workers in accordance with the provisions of law. Vietnam law;

Coordinate and create conditions for state management agencies to inspect and examine the recruitment, use and management of foreign workers at the unit. Strictly abide by Vietnamese laws, strictly prohibit activities that infringe upon national security, social order and safety, and cause political instability in the locality;

Quarterly, the first 6 months of the year and the last 6 months of the year or irregularly report on the demand for recruitment and use of foreign workers to the authorities. At the same time, make ad hoc reports at the request of the state management agency in charge of labor on the situation of using foreign workers.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 9. Information and reporting regime

Periodically before June 30 and December 31 every year, relevant departments and branches send reports on the situation of foreign workers to the Department of Labor - Invalids and Social Affairs to compile reports to advise the Provincial People's Committee, the Ministry of Labor, War Invalids and Social Affairs on appropriate management measures.

Article 10. Implementation organization

1. Assign the Department of Labor, War Invalids and Social Affairs to assume the prime responsibility for, and coordinate with provincial departments, branches and branches, People's Committees of districts, towns, cities and other agencies, relevant organizations to implement this Regulation. The Director of the Department of Labor, War Invalids and Social Affairs is responsible for monitoring, examining and compiling reports to the Provincial People's Committee, the Ministry of Labor, War Invalids and Social Affairs.

2. When the Government promulgates new regulations, if there are any changes, the Department of Labor, War Invalids and Social Affairs proposes the Provincial People's Committee to consider and decide after reaching agreement with relevant departments and branches. in this Coordination Regulation.

3. Promptly propose rewards to organizations and individuals that have made achievements in coordinating the management of foreign workers working in the province and handle cases according to law provisions. violate Vietnamese law.

4. In the course of implementing this Regulation, if any problems arise, functional departments, branches and People's Committees of districts, towns and cities shall promptly report them to the Department of Labor, War Invalids and Social Affairs. to summarize, advise and submit to the Provincial People's Committee for consideration and decision./.