- Translation supported by Google translate-

PEOPLE'S COMMITTEE OF
HAU GIANG PROVINCE
 -------

 

No: 2317/QD-UBND

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

 


Hau Giang, December 29, 2016

 

DECIDES TO

PROMULGATE REGULATIONS ON COOPERATION IN MANAGEMENT OF FOREIGN EMPLOYERS WORKING IN HAU GIANG PROVINCE


THE PEOPLE'S COMMITTEE OF HAU GIANG PROVINCE

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

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 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 regarding foreign workers working in Vietnam;

At the proposal of the Director of the Department of Labor - Invalids and Social Affairs,

DECIDES:

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

Article 2. Chief of Office of the Provincial People's Committee; Directors of Departments: Labor - Invalids and Social Affairs, Justice, Planning and Investment, Health, Industry and Trade, Education and Training, Construction; Director of Provincial Police; Head of Management Board of Provincial Industrial Parks; Chairmen of People's Committees of districts, towns and cities; Heads of agencies, units and relevant organizations and individuals shall be responsible for the implementation of this Decision from the date ofsigning./.


Receiving place:
 
- Ministry of Labor, War Invalids and Social Affairs;
- TT: TU, People's Council, Provincial People's Committee;
- As Article 2;
- Save: VT, NV.
Coverage for LDNN 
TM. PEOPLE'S COMMITTEE
KT. PRESIDENT
VICE PRESIDENT




Dong Van Thanh


REGULATIONS ON

COOPERATION IN MANAGEMENT OF FOREIGN EMPLOYERS WORKING IN HAU GIANG PROVINCE

(Issued together with Decision No. 2317/QD-UBND dated December 29, 2016 of the People's Committee of Hau Giang province)


Chapter I

PROVISIONS GENERAL DEFINITION

Article 1. Scope of

regulation This Regulation stipulates the principles, contents, methods, responsibilities, and coordination relationship between state management agencies in Hau Giang province in labor management. Foreign workers working in agencies, organizations, enterprises, contractors, business households, and business individuals in the province (hereinafter referred to as organizations and individuals employing foreign workers).

Article 2. Subjects of application

This Regulation applies to provincial departments, agencies, branches, People's Committees of districts, towns and cities and relevant agencies and units in water labor management outside working in the province (hereinafter referred to as the coordinating agencies). 

Article 3. Contents of cooperation

1. Legal propaganda, dissemination and education (focusing on the provisions of the law for foreign workers).

2. Guidance on administrative procedures related to foreign workers.

3. Inspect and examine the observance of the law on recruitment, management and employment of foreign workers. Handling violations of the law related to foreign workers.

4. Coordinating in the management of foreign workers, solving problems related to the activities of foreign workers in the province.

5. Coordinate reporting, assessment and provision of information among coordinating agencies on the situation of management and employment of foreign workers in Hau Giang province, creating favorable conditions for management, according to monitor, examine, guide and handle according to the competence of each coordinating agency.

Article 4. Principles of coordination

1. To ensure the coordination between competent agencies and organizations in the management of foreign workers in accordance with the provisions of law, with their functions, tasks and powers. and improve the sense of responsibility, effectively implement the management of foreign workers.

2. The handling of administrative procedures related to foreign workers ensures convenience for agencies, enterprises, organizations and foreign workers to work in Hau Giang province in accordance with regulations.

3. Ensure consistency in the state management of foreign workers working in the province, avoiding overlapping or omission of tasks of each unit, affecting management efficiency.

4. Ensure the initiative, timeliness and objectivity in the process of coordinating the implementation of foreign labor management. Timely detect inappropriate regulations to propose additions and amendments to improve efficiency in the management of foreign workers working in the province.

Article 5. Modes of coordination

1. Direct exchanges or send written requests for cooperation; notify in writing the results of handling of violations of the law on foreign workers working in the province; exchange and provide documents and reports on foreign labor management. 

2. To organize periodical or irregular inter-sectoral inspection and examination.

3. Organize meetings of interdisciplinary leaders and consulting units.

Chapter II

RESPONSIBILITIES OF COOORING AGENCIES

Article 6. Coordinating in legal propaganda, dissemination and education

1. Department of Labor - Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with provincial departments, branches and committees in. People's Committees of districts, towns and cities shall propagate and disseminate the provisions of the law on recruitment, management and employment of foreign workers according to their competence.

2. The Department of Justice shall assume the prime responsibility for, and coordinate with the Department of Labor, War Invalids and Social Affairs in planning to organize training, dissemination and implementation of documents on foreign labor management for organizations. organizations and individuals employing foreign workers.

3. Provincial police shall assume the prime responsibility for, and coordinate with relevant branches in, propagandizing, guiding and urging organizations and individuals employing foreign workers to strictly comply with Vietnamese laws on entry. , exit, residence and other relevant laws.

4. The Provincial Management Board of Industrial Parks shall assume the prime responsibility for, and coordinate with relevant agencies in, propagating and disseminating regulations on recruitment, management and employment of foreign workers to organizations. , individuals employing foreign workers in industrial parks.

5. The Department of Information and Communications shall assume the prime responsibility for, and coordinate with the Department of Labor, War Invalids and Social Affairs in orienting and guiding the press agencies in the province to propagate and disseminate the regulations of the province. Vietnam's labor law, procedures for new application and re-issuance of work permits for businesses and foreign workers in the province.

6. The Department of Education and Training shall assume the prime responsibility for, and coordinate with provincial departments, branches and branches, People's Committees of districts, towns and cities in organizing propaganda and dissemination of laws related to foreign workers. in addition to education and training institutions in the province.

7. The People's Committees of districts, towns and cities shall coordinate with the Departments of Labor, War Invalids and Social Affairs in organizing information, propaganda, dissemination and education on the law on recruitment, use and management of laborers. foreign movement in the area.

Article 7. Coordination in guiding the implementation of administrative procedures related to foreign workers

1. Departments of Labor, War Invalids and Social Affairs:

a) Guide organizations and individuals employing foreign workers to determine the needs of foreign workers. demand for foreign workers for each job position that Vietnamese workers have not yet met. Receiving, summarizing and appraising the demand for using foreign workers for each job position of organizations and individuals employing foreign workers operating outside industrial zones to submit to the President of the People's Committee province for review and approval. After being approved by the Chairman of the Provincial People's Committee, notify in writing of each job position to the organization or individual employing foreign workers in accordance with regulations.

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

c) Issue new work permits, re-issue work permits, certify that they are not eligible for work permits for foreigners working in organizations, enterprises, investors, contractors in the province (except for schools in the province). has authorized the Provincial Management Board of Industrial Parks). Store dossiers of application for new or re-issue of work permits, certifying that they are not eligible for work permits in accordance with the provisions of law.

c) Receive, manage and guide foreign volunteers when working at agencies and units located in the province to carry out procedures for certification that they are not eligible for work permits as prescribed.

2. Provincial Management Board of Industrial Parks:

a) Guide enterprises, agencies and organizations to determine the demand for foreign workers for each job position that Vietnamese workers have not yet met. Okay. Receiving, summarizing and appraising the demand for using foreign workers for each job position of organizations and individuals employing foreign workers in industrial parks of the province to submit to the President of the People's Committee province for review and approval. After being approved by the Chairman of the Provincial People's Committee, notify in writing of each job position to the organization or individual employing foreign workers in accordance with regulations; at the same time, send it to the Department of Labor - Invalids and Social Affairs for monitoring.

b) Issue, re-issue, revoke work permits, certify that they are not eligible for work permits for foreigners working in provincial industrial parks in accordance with the authorized contents of the Department of Labor and Trade. Military and Society. Store dossiers of application for new grant, re-grant and revocation of work permits, certify that they are not eligible for work permits for foreigners working in provincial industrial parks in accordance with law.

3. Provincial police: Guide, receive and process visa issuance, temporary residence extension, temporary residence card, temporary residence confirmation, temporary residence declaration for foreign workers working in the province according to regulations determined.

4. Department of Justice: Guide the order and procedures for granting judicial record cards to foreign workers working in the province according to the provisions of law. Coordinating with the Provincial Police in the issuance of criminal record cards to foreign workers.

5. Department of Health: Direct and guide medical examination and treatment establishments under their management to be eligible for medical examination for foreign workers and carry out procedures for announcing medical examination and treatment establishments that are eligible for medical examination and treatment. health has foreign elements as prescribed by the Ministry of Health.

6. Department of Industry and Trade: To assume the prime responsibility for, and coordinate with the Department of Labor, War Invalids and Social Affairs, the Management Board of Industrial Parks of the province, the Provincial Police and relevant branches to verify foreigners moving in the country. internal enterprises within the eleven service industries in Vietnam's Service Commitment Schedule with the World Trade Organization are not eligible for work permits in the province.

7. Department of Education and Training: To assume the prime responsibility for, and coordinate with the Department of Labor, War Invalids and Social Affairs, and the Provincial Police in guiding education and training institutions in the province to carry out licensing procedures. or certify that they are not eligible for a work permit for foreign workers working at educational and training institutions in accordance with the provisions of Vietnamese law.

8. Office of the Provincial People's Committee:

a) Support organizations, businesses and foreigners in carrying out procedures related to consular certification and legalization of related documents. issue a work permit in accordance with regulations.

b) Coordinate and support contact with foreign diplomatic missions in the process of handling issues arising in consular work related to foreign workers in the province.

Article 8. Cooperation in inspection and examination of the implementation of legal regulations on the management and employment of foreign workers

1. Department of Labor, War Invalids and Social Affairs: Take charge and cooperate with the Police The province, the Provincial Management Board of Industrial Parks and relevant departments, agencies and sectors shall develop plans for irregular and periodical inspection and inspection of the implementation of the provisions of the law on recruitment, management and employ foreign workers to work in the province, strictly handle violations according to the provisions of law; at the same time, propose the provincial police to expel foreign workers working in the province without a work permit, for the wrong purpose of entry as prescribed.

Revocation of work permits of foreign workers according to the provisions of Clause 3, Article 17 of Decree No. 11/2016/ND-CP dated February 3, 2016 of the Government detailing the implementation of a number of articles of the Code Labor on foreign workers working in Vietnam.

2. Provincial Management Board of Industrial Parks: assumes the prime responsibility for, and coordinates with relevant departments, agencies and sectors in formulating a plan to inspect the implementation of the provisions of the law on recruitment, management and use foreign workers working in industrial zones in the province. At the same time, notify the Department of Labor - Invalids and Social Affairs of the cases of foreign workers working in industrial zones without work permits to propose the Provincial Police to expel according to regulations. 

Revocation of work permits of foreign workers according to the provisions of Clause 3, Article 17 of Decree No. 11/2016/ND-CP dated February 3, 2016 of the Government and authorization of January 20, 2015 of the Department of State. Labor - Invalids and Social Affairs for foreign workers working in provincial industrial zones.

3. Provincial Police: Review, examine and handle foreigners violating immigration regulations; at the same time, notify the Department of Labor, War Invalids and Social Affairs, the Management Board of the Provincial Industrial Parks, the People's Committees of the districts, towns and cities to grasp and coordinate in management.

Expulsion of foreign workers who violate the law working in the province without a work permit at the request of the Department of Labor, War Invalids and Social Affairs, the Management Board of Industrial Parks of the province in accordance with regulations. legislation.

4. Department of Justice: Cooperate in inspecting the implementation of the law on recruitment, management and employment of foreign workers in the province.

5. People's Committees of districts, towns and cities: Direct relevant departments and agencies to guide and inspect organizations and individuals employing foreign workers in their localities to strictly observe the provisions of this Law. law of Vietnam.

Article 9. Cooperation in the management of foreign workers

1. Department of Labor, War Invalids and Social Affairs: To perform the state management of recruitment and use of foreign workers by organizations and individuals. employers of foreign workers in the province. Application of information technology in this field.

2. Provincial Management Board of Industrial Parks: To perform the state management of recruitment and use of foreign workers by organizations and individuals employing foreign workers in provincial industrial parks.

3. Provincial Police: Perform state management of entry, exit, declaration of temporary residence and activities of foreign workers in the province.

4. Department of Planning and Investment: To assume the prime responsibility for, and coordinate with relevant units in, advising and proposing the Provincial People's Committee to allow enterprises and organizations operating in the province to use laborers. regulations abroad.

5. Department of Industry and Trade: Perform state management of representative offices and branches of foreign traders in accordance with law.

6. Department of Health: To assume the prime responsibility for, and coordinate with relevant units in, performing the function of state management of foreign workers in the field of medicine and pharmacy in the province in accordance with law.

7. Department of Construction: To assume the prime responsibility for, and coordinate with relevant units in, supervising, monitoring and organizing periodical inspection of the operation of foreign contractors in the province. Unscheduled inspection of contractor's activities in the province when detecting signs of violations of regulations on construction law.

8. Department of Information and Communications: Urging and reminding units in their respective sectors and fields to comply with legal regulations on recruitment and management of foreign workers in the locality.

9. Department of Education and Training: To assume the prime responsibility for, and coordinate with the Department of Labor, War Invalids and Social Affairs in, guiding and inspecting education and training institutions employing foreign workers to comply with the provisions of this Law. Law on recruitment and management of foreign workers.

10. People's Committees of districts, towns and cities: To assume the prime responsibility for, and coordinate with the Department of Labor, War Invalids and Social Affairs, the Management Board of the Provincial Industrial Parks, the Provincial Police and relevant units. perform the management and review of the number of foreign workers residing and working in organizations and individuals employing foreign workers in the locality according to their functions, tasks and powers for monitoring and management; Directing the Division of Labor - Invalids and Social Affairs, the Justice Department, the Police Department of the district, town and city and relevant units to perform well the function of state management on recruitment, management foreign workers working locally.

In the case of relevant agencies and units; People's Committees of districts, towns and cities detect foreign workers working in their areas (including enterprises in industrial parks) without work permits as prescribed, and notify the Department of Labor. - Invalids and Social Affairs to coordinate with the Provincial Police in handling according to the provisions of law.

Article 10. Coordination in reporting, assessment and provision of information among agencies and organizations on the situation of management and employment of foreign workers

1. Contents of coordination in reporting, assessment and information provision between agencies and organizations on the management and employment of foreign workers

a) Department of Labor, War Invalids and Social Affairs: Monthly notify the provincial police on the situation of granting foreign work permits to foreign workers. jobs in the province.

Quarterly, 06-monthly and yearly reports to the Ministry of Labor, War Invalids and Social Affairs and the Provincial People's Committee on the situation of foreign workers working in enterprises, organizations, investors and contractors in the locality. conscious.

b) Provincial Management Board of Industrial Parks: Monthly notify about the situation of granting foreign work permits in industrial zones to the Department of Labor, War Invalids and Social Affairs and the Provincial Police.

Quarterly, 06-monthly and yearly reports to the Department of Labor - Invalids and Social Affairs on the situation of foreign workers working at enterprises in industrial zones.

c) Provincial police: Monthly notify the Department of Labor - Invalids and Social Affairs of the number of foreign workers granted visas, extension of temporary residence, grant of temporary residence cards, confirmation of temporary residence, declaration of temporary residence for foreign workers working in enterprises, organizations and individuals in the province.

d) Department of Justice: Report every 6 months and year to the Provincial People's Committee and the Department of Labor, War Invalids and Social Affairs on the issuance of criminal record cards to foreign workers working at organizations and enterprises. , individuals in the province. Provide a list of foreign lawyers who have been licensed to practice law by the Ministry of Justice in the area to the Department of Labor, War Invalids and Social Affairs.

dd) Department of Planning and Investment: Monthly provide data to the Department of Labor, War Invalids and Social Affairs on the following information: Issuance, adjustment, and withdrawal of investment certificates for enterprises with investors. is a foreigner who contributed capital to establish and manage an enterprise registered in the previous month.

e) Department of Construction: Every year, the Department of Construction sends a notice to the Department of Labor, War Invalids and Social Affairs on the situation of granting construction permits and the management of foreign contractors' activities. locally.

g) Department of Industry and Trade: Annually report to the Provincial People's Committee; Department of Labor - Invalids and Social Affairs on the situation of using foreign workers of representative offices or branches operating in the province.

h) Department of Education and Training: Every 6 months and annually, notify the Department of Labor, War Invalids and Social Affairs and the Provincial Police on the situation of using foreign workers in education and training institutions. created by the management unit. 

i) Provincial Department of Taxation: Annually, through the inspection of annual tax finalization, notify the Department of Labor, War Invalids and Social Affairs of organizations and individuals that employ foreign workers and have signed labor contract, paying salary, wages and other allowances (if any).

2. Time to report, evaluate and provide information:

a) Monthly report: Before the 5th of every month.

b) Quarterly report: Before the 10th of the first month of the next quarter.

c) 06-month report: Before July 10 every year.

d) Annual report: Before January 10 of the following year.

It is recommended that the above sectors, report to the Department of Labor - Invalids and Social Affairs to summarize and report to the Provincial People's Committee and the Ministry of Labor - Invalids and Social Affairs fully, timely and in accordance with regulations.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 11. Implementation provisions

1. Funding for coordination between provincial-level departments, agencies and branches; The People's Committees of districts, towns and cities and relevant agencies and units in the management of foreign workers working in Hau Giang province shall use them in their operating funds. relevant units in accordance with the Law on State Budget.

2. Heads of provincial departments, agencies and branches; Chairmen of People's Committees of districts, towns and cities shall, within the ambit of their duties and powers, be responsible for organizing and implementing this Regulation and other relevant legal provisions.

3. Assign the Department of Labor - Invalids and Social Affairs to act as the focal point in implementing, monitoring, synthesizing and reporting; at the same time, inspect and urge the implementation of this Regulation. During the implementation process, if any problems arise, promptly report them to the Provincial People's Committee for consideration and decision./.