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PEOPLE'S COMMITTEE OF
HAU GIANG PROVINCE
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No: 07/2020/QD-UBND


SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Hau Giang, April 16, 2020


 

DECISION


ISSUING REGULATIONS MANAGING TEMPORARY RESIDENCE FOR FOREIGN LABORERS WORKING IN ENTERPRISES IN THE INDUSTRIAL PARK, INDUSTRIAL CONCENTRATED IN AREAS HAU GIANG PROVINCE


PEOPLE'S COMMITTEE OF HAU GIANG PROVINCE

Pursuant Group local government office June 19, 2015;

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

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 Enterprise Law dated November 26, 2014;

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;

Pursuant to the Government's Decree No. 82/2018/ND-CP dated May 22, 2018 on management of industrial parks and economic zones;

Pursuant to Circular No. 04/2015/TT-BCA dated January 5, 2015 of the Minister of Public Security regulating the forms of documents related to the entry, exit and residence of foreigners in Vietnam;

Pursuant to Circular No. 53/2016/TT-BCA dated December 28, 2016 of the Minister of Public Security stipulating how to declare and receive information on temporary residence of foreigners in Vietnam;

At the proposal of the Head of the Management Board of the Provincial Industrial Parks.

DECISION:

Article 1. To promulgate together with this Decision Regulations on temporary residence management for foreign workers working in enterprises in industrial parks and industrial clusters in Hau Giang province.

Article 2. This Decision takes effect from April 26, 2020.

Article 3. Chief of Office of Provincial People's Committee, Head of Management Board of Provincial Industrial Parks, Director of Provincial Public Security, Director of Department of Labor - Invalids and Social Affairs; Chairman of People's Committees of districts, towns and cities; Heads of agencies, units and relevant organizations and individuals are responsible for the implementation of this Decision./.

 


Receiving place:
 
- VP. Government (HN, HCMC);
- Ministry of Planning and Investment;
- Ministry of Justice (Department for Examination of Legal Documents);
- TT: TU, People's Council, Provincial People's Committee;
- VP. Provincial Party Committee and Party Committees;
- VP. Provincial National Assembly Delegation Delegation;
- VP. Provincial People's Council;
- Vietnam Fatherland Front Committee and provincial mass organizations;
- As Article 3;
- Provincial Newspaper and Radio Agency;
- Provincial Gazette;
- Provincial electronic portal;
 - Save: VT, case study.

TM. PEOPLE'S COMMITTEE
KT. PRESIDENT
VICE PRESIDENT




 Nguyen Van Tuan

 

PROVISIONS ON

TEMPORARY RESIDENCE MANAGEMENT FOR FOREIGN EMPLOYEES WORKING IN ENTERPRISES IN INDUSTRIAL PARKS AND INDUSTRIAL Clusters IN HAU GIANG PROVINCE

Decision No. April 16, 2020 of the People's Committee of Hau Giang province)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

This regulation provides for the management of temporary residence of foreign workers working in Vietnam. enterprises in industrial parks and concentrated industrial clusters in Hau Giang province.

Article 2. Principles of application

1. The temporary residence of foreign workers working at enterprises in industrial parks and concentrated industrial clusters in Hau Giang province shall comply with the provisions of Vietnamese law. about entry, exit, transit and residence of foreigners in Vietnam.

2. Agencies, units, enterprises and foreign workers shall, on the basis of their powers, responsibilities, interests and obligations, organize the implementation and proper application of this Regulation and other legal provisions. related.

Chapter II

SPECIFIC PROVISIONS

Article 3. Management of temporary residence of foreign workers working at enterprises in industrial parks and industrial clusters in the province

1. Foreign workers working in enterprises in industrial parks and concentrated industrial clusters in the province shall temporarily reside outside industrial parks and concentrated industrial clusters. In necessary cases, foreigners who are managers, executive directors, experts are allowed to temporarily reside in enterprises in industrial parks or concentrated industrial clusters in the province, specifically as follows:

a) Having a period of time: working term at the enterprise is less than 03 (three) months;

b) During the probationary period in the form of labor recruitment, before signing a labor contract in accordance with the provisions of the Vietnam Labor Code;

c) Carrying out the management of production and business activities of the enterprise, which is of urgent nature;

d) Perform work to handle emergencies: incidents, technical situations, complex technologies that threaten to affect production and business that Vietnamese experts and managers, executive director, foreign expert currently working at the enterprise cannot handle, the working time at one time does not exceed 03 (three) months and the total working time does not exceed 06 (six) months in a year .

2. The temporary residence of foreigners in enterprises in industrial parks and industrial clusters in the province must satisfy the conditions specified in Clause 3, Article 29 of Decree No. 82/2018/ND-CP dated May 22, 2018 of the Government on the management of industrial parks and economic zones.

Article 4. Declaration of temporary residence informationClause 1 of this Article.

1. Foreign workers working at enterprises in industrial parks or concentrated industrial clusters in the province shall declare temporary residence information as prescribed inArticle 5 of Circular No. 53/2016/TT-BCA dated December 28, 2016 of the Minister of Public Security stipulating how to declare and receive information on temporary residence of foreigners in Vietnam.

2. In case an enterprise in an industrial park or concentrated industrial cluster in the province allows foreign workers to temporarily reside in the enterprise, the enterprise shall report in writing to the Management Board of the provincial Industrial Parks. After receiving the written approval from the Provincial Management Board of Industrial Parks, the enterprise shall carry out procedures for temporary residence declaration for foreign workers temporarily residing at the enterprise's accommodation facilities in the industrial park or industrial cluster. concentrated industries in the province according to the provisions of Article 7 of the Circular No. 53/2016/TT-BCA dated December 28, 2016 of the Minister of Public Security stipulating how to declare and receive temporary residence information. of foreigners in Vietnam.

3. When there is a change in the temporary residence of a foreign worker who is temporarily staying at an enterprise's accommodation establishment in an industrial park or concentrated industrial cluster in the province, the enterprise must notify the Board of Directors. Management of industrial zones of the province and the police agency where temporary residence information has been declared within 03 days at the latest.

Chapter III

IMPLEMENTATION RESPONSIBILITIES

Article 5. Responsibilities of enterprises

1. To strictly comply with regulations related to the organization of temporary residence of foreign workers in enterprises.

2. Ensure the implementation of commitments, facilities and purposes as prescribed in Point d Clause 3 Article 29 of Decree No. 82/2018/ND-CP dated May 22, 2018 of the Government and declare temporary residence as prescribed in Article 4 of this Regulation.

3. Guide foreign workers to complete procedures for temporary residence declaration. Make a list of foreign workers temporarily residing at the enterprise (including foreign workers who come to provide technical assistance to work at the enterprise for less than 3 months) and report monthly on a monthly basis (from the 25th to the end of the month). Provincial Management Board of Industrial Parks, Provincial Police (via Immigration Department); in which there is a report on the change of foreign workers temporarily residing at the enterprise.

4. Keep for at least 06 months the temporary residence declaration form and the list of foreign workers declaring temporary residence at the enterprise to present to the competent authorities upon request.

5. To take responsibility before law for acts of violating the provisions of this Regulation and other relevant regulations.

6. Jointly take responsibility before law for violations committed by foreign workers, affecting security and order, fire prevention and fighting and operation and beauty of industrial parks and industrial clusters concentrate.

7. Notify in writing to the Management Board of Industrial Parks and Provincial Police (via the Immigration Department) that foreigners are granted work permits and valid papers for entry and exit. have a valid residence permit but no longer need a guarantee to work at the enterprise and coordinate with the competent authorities in requesting foreigners to leave the country.

8. Manage the activities of foreigners according to the purpose of entry during their temporary stay at the enterprise, and coordinate with the competent authorities when there is a delegation to inspect the temporary residence area.

Article 6. Responsibilities of foreign workers

1. Comply with regulations related to temporary residence at enterprises in industrial parks or industrial clusters.

2. Declare and provide sufficient information, papers and dossiers to create favorable conditions for declaring temporary residence at enterprises in industrial parks or concentrated industrial clusters.

3. Comply with and strictly abide by the regulations on security and order, fire prevention and fighting, traffic safety, ensuring the beauty in industrial parks and industrial clusters.

4. To take responsibility before law for acts of violating the provisions of this Regulation and relevant provisions of law.

Article 7. Responsibilities of the Provincial Management Board of Industrial Parksassume the prime

1. Toresponsibility for, and coordinate with relevant departments and agencies in, implementing this Regulation to enterprises in industrial parks and concentrated industrial clusters. . On a monthly, yearly or irregular basis, there are plans to inspect and inspect the observance of law provisions by foreign workers working at the enterprise.

2. Coordinating with the Public Security (Immigration and Immigration Department) and functional branches, in checking the declaration and declaration contents and the compliance with the conditions specified in this Regulation and other documents. Other legal documents applicable to enterprises with foreign workers who temporarily reside at enterprises in industrial parks or industrial clusters.

3. Check the conditions and consider settling the temporary stay in accordance with the provisions of Article 4 of this Regulation.

4. Withdraw written approval for foreign workers to temporarily reside in an enterprise in an industrial park or industrial cluster if the enterprise or foreign worker temporarily residing in such enterprise violates this Regulation.

5. Quarterly, 06-monthly and annually send to the Provincial Police and the Office of the Provincial People's Committee (Research and General Department) the summary of the situation of using foreign workers, comments on difficulties difficulties and problems related to security and order of enterprises in industrial parks and industrial clusters. Discuss and agree with the police agency (Immigration Management Department) on the plan to solve problems and the list of foreign workers temporarily residing and working at enterprises in industrial parks and industrial clusters. concentrated in the province.

6. Summarize problems arising in the process of organizing and managing the temporary residence of foreign workers, and promptly propose the Provincial People's Committee to consider and settle.

Article 8. Responsibilities of the Provincial Police

1. To guide and implement this Regulation to the police of districts, towns and cities, and the police of communes, wards and townships to uniformly implement the declaration process and procedures. temporary residence, creating favorable conditions for enterprises and foreign workers to strictly comply with regulations.

2. Directing and inspecting the reception of temporary residence declarations from the police offices of communes, wards and townships to ensure the correct order of procedures, processing time, and conditions for organizing temporary residence according to regulations. provisions of this Regulation and relevant laws.

3. Develop a plan and coordinate with the Management Board of the Provincial Industrial Parks to check the declaration and declaration contents and the compliance with the conditions specified in this Regulation and relevant legal documents. In the process of enterprises, foreign workers temporarily reside at enterprises in industrial parks or industrial clusters.

4. Take measures to handle or propose competent agencies to handle acts of enterprises in industrial parks, industrial clusters and foreign workers violating this Regulation.

5. Take measures to ensure security, order and social safety in industrial parks and industrial clusters.

6. Monitoring the situation, summarizing the implementation results, quarterly, 6 months and annually; send written reports to the Provincial People's Committee and relevant departments, agencies and sectors on foreign workers temporarily residing in enterprises in industrial parks and concentrated industrial clusters in the province.

7. Develop the content of the commitment to ensure security and order at the temporary shelter and coordinate with the Provincial Management Board of Industrial Parks to deploy to businesses to commit to implementation.

Article 9. Responsibilities of People's Committees of districts, towns and cities

1. Strengthening the direction and organization of the implementation of this Regulation to communes, wards and townships in the area.

2. To perform the state management of foreign workers' temporary residence at enterprises in industrial parks and industrial clusters in the province in accordance with this Regulation and relevant laws. involve.

Article 10. Implementation provisions

During the implementation process, if there are difficulties or problems, relevant agencies and units shall report to the Management Board of Provincial Industrial Parks to summarize and submit to the Provincial People's Committee. consider and resolve.