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PEOPLE'S COMMITTEE
HO CHI MINH CITY
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No: 13/2015/QD-UBND

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Ho Chi Minh City, February 27, 2015

 

DECISION OF

THE BOARD OF REGULATION COORDINATION MANAGEMENT OF FOREIGN LABORERS WORKING IN BUSINESSES, ORGANIZATIONS AND INVESTOR, CONTRACTORS IN AREA OF HO CHI MINH CITY


PEOPLE'S COMMITTEE OF HO CHI MINH

Pursuant to the Law Organization of the People's Council and the People's Committee on November 26, 2003;

Pursuant to the Government's Decree No. 102/2013/ND-CP dated September 5, 2013 detailing the implementation of a number of articles of the Labor Code on foreign workers working in Vietnam;

Pursuant to Circular No. 03/2014/TT-BLDTBXH dated January 20, 2014 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of a number of articles of Decree No. 102/2013/ND-CP dated September 5 2013 of the Government detailing the implementation of a number of articles of the Labor Code on foreign workers working in Vietnam;

Considering the proposal of the Department of Labor, War Invalids and Social Affairs in the Report No. 19840/TTr-SLDTBXH-VL dated December 5, 2014 and the opinion of the Department of Justice in Dispatch No. 6739/STP-VB of December 1. 2014

DECISION:

Article 1. Now promulgated together with this Decision “Regulations on coordination in management of foreign workers working in enterprises, organizations, investors and contractors in Ho Chi Minh City area. Chi Minh".

Article 2. This Decision takes effect 10 days after its signing.

Article 3. Chief of Office of City People's Committee, Director of Department of Labor, War Invalids and Social Affairs, Director of Department of Justice, Director of Department of Foreign Affairs, Director of City Public Security, Director of Department of Planning and Investment, Director of Department of Industry and Trade, Director of Department of Education and Training, Director of Department of Information and Communications, Director of Department of Tourism, Director of Department of Culture and Sports, Director of Department of Construction, Director Department of Health, Director of the City Tax Department, Head of the City's Industrial and Export Processing Zones Management Board, Head of the City's Hi-Tech Park Management Board, Heads of relevant agencies and Chairman of the People's Committee districts are responsible for the implementation of this Decision.

 


 Where to receive:

- As Article 3;
- Ministry of Labor - Invalids and Social Affairs;
- Department of Employment - Ministry of Labour, Invalids and Social Affairs;
- Department of Document Inspection - Ministry of Justice;
- TTTU; TT Council. City;
- TTUB: CT, PCTs;
- Department of Home Affairs;
- VPUB: The PVPs;
- Departments of case study, medical examination and treatment;
 - Save: VT, (VX-TC) D.

TM. PEOPLE'S COMMITTEE
KT. PRESIDENT
Vice President




 Hua Ngoc Thuan

 

REGULATIONS ON

COOPERATION IN MANAGEMENT OF FOREIGN EMPLOYERS WORKING IN ENTERPRISES, ORGANIZATIONS, INVESTORS, CONTRACTS IN HO CHI MINH CITY
(Issued together with Decision No. 13/2015/QD-UBND dated 13/2015/QD-UBND) 27 May 2015 02 of people's themunicipalCommittee)


Chapter I

General provisions

Article 1. scope and tChapteradjust

this Regulation prescribes the principles, content, responsibilities, relationships between coordinating State management agencies of Ho Chi Minh City in the management of foreign workers working in enterprises, organizations, investors, contractors (hereinafter abbreviated as enterprises) in the area Ho Chi Minh City.

Article 2. Principles of management coordination The management

coordination work is conducted according to the following principles:

1. The coordination content must relate to the functions, tasks and powers of the coordinating agency and is based on the regulations of current law to ensure consistency and create favorable conditions for enterprises in production and business activities.

2. Ensure the progress, coordination contents and objectivity in the coordination process.

3. Ensuring discipline and discipline in coordination activities; uphold the personal responsibility of the heads of the lead agency, the coordinating agency and the officials and civil servants participating in the coordination.

4. The state agency within the functions and tasks specified,have the responsibility to implement the management of foreign laborers, actively cooperate with the agencies and units concerned to ensure ensure consistency and synchronization in the performance of state management of foreign workers working in enterprises in Ho Chi Minh City.

5. All information, exchange documents and coordination contents must comply with the provisions of the Ordinance on Protection of State Secrets and the industry's confidentiality regulations.

Chapter II

COORDINATION AND RESPONSIBILITIES AND RESPONSIBILITIES

Article 3. Contents of coordination and exchange of information and documents

1. Integrate instructions and propagate basic contents of the labor law on labor management Foreigners come to reside and work in the city to conduct propaganda and law dissemination activities within the scope of their assigned functions and tasks.

2. Cooperate in guiding units employing foreigners to make statistics and analyze the situation of foreigners entering the city for the purpose of working in accordance with current law.

3. Inspect and examine the implementation of legal provisions on recruitment and management of foreign workers working at enterprises and coordinate in proposing handling of violations of law provisions. within the scope of functions and tasks assigned in charge.

4. Provide information upon request between agencies participating in the implementation of the Regulation on Coordination.

5. Periodically conduct preliminary and final reviews of the management of foreign workers working in enterprises in the city.

6. Perform tasks assigned by the City People's Committee.

Article 4. Responsibilities of Departments - branches and People's Committees of districts

1. Departments of Labor - Invalids and Social Affairs:

a) Organize propaganda and dissemination of provisions of Vietnam's labor law and guiding the order, procedures and records labor permit, granted the work permitto businesses and foreign workers on the territory of the city.

b) Notification of approval of job positions using foreign workers, grant of work permits, re-issuance of work permits and confirmation that foreign workers are not subject to work permits as regulated.

c) Inspect and examine the implementation of legal regulations on recruitment and management of foreign workers working at enterprises in the city.

d) Receive information from organizations and individuals detecting that foreign workers working in the City do not have work permits. Request the police to expel the foreign workers working in the city without a work permit.

dd) Make periodical reports:

- Before the 5th of every month, notify the City Police on the situation of granting work permits using Form No. 13 (attached to the Circular No. 03/2014/TT-BLDTBXH dated 20/03/2014/TT-BLDTBXH) January 2014 of the Ministry of Labor - Invalids and Social Affairs).

- Quarterly report (before the 10th of the first month of the next quarter) on the situation of foreign workers working at enterprises in the city to the City People's Committee and the Ministry of Labor - Invalids and Social Affairs according to Form No. 14 (attached to Circular No. 03/2014/TT-BLDTBXH dated January 20, 2014 of the Ministry of Labor, War Invalids and Social Affairs).

- Report every 6 months (before July 15) and annually (before January 15 of the following year) on the situation of foreign workers working at enterprises in the City to the People's Committee City, Ministry of Labor - Invalids and Social Affairs and Ministry of Industry and Trade according to Form No. 15 (attached to Circular No. 03/2014/TT-BLDTBXH dated January 20, 2014 of the Ministry of Labor - Invalids and Social Affairs) .

- Every 6 months, transfer to the districts the list of foreign workers who are granted work permits to work at enterprises in the locality.

- Exchange the situation and list of foreign workers working at enterprises in the locality to serve unexpected work requests at the request of relevant Departments - branches and People's Committees of districts.

2. City Police:

a) Perform the state management function in the management of entry, exit, residence and operation of foreigners working in enterprises in accordance with the law.

b) Guiding, receiving, handling the grant, supplement, amendment of visa, extension of temporary residence, grant of temporary residence card to foreigners after being granted new or re-granted work permits; cases where foreigners are confirmed not to be subject to work permits and other cases as prescribed by law.

c) Coordinate with relevant agencies to propagate the law, guide and remind enterprises employing foreign workers to comply with the law on labor, exit, entry, residence and other relevant laws.

d) Organize the implementation of procedures for expulsion and forced exit for foreigners working in enterprises without work permits as prescribed by law.

3. Department of Planning and Investment:

a) Coordinate with the Department of Labor, War Invalids and Social Affairs and the City Police in assessing thesituation operationof enterprises employing foreign workers in the area. industry and management.

b) Quarterly, provide information, a list of newly established enterprises, dissolved enterprises, and ceased operations to the Department of Labor, War Invalids and Social Affairs for coordination in monitoring and management.

4. Department of Trade:

a) coordinate with the Department of Labor - Invalids and Social Affairs in reviewing and exchanging information, evaluating dossiers and management subjects foreign workers moving internally not addicted subject to a work permit.

b) coordinate with the Department of Labor - Invalids and Social Affairs, thepolice City in assessing the situation of the business activities that use foreign labor within the industry, the field of management.

c) Quarterly, provide information on the granting of operation licenses, renewal and dissolution of representative offices and branches of traders using foreign workers to the Department of Labor and War Invalids. and Society to coordinate monitoring and management.

5. The Department of Justice:

a) Performs the role of the Standing Committee of the City Law Dissemination and Education Coordinating Council in advising, organizing and disseminating the provisions of Vietnam's labor law.

b) Issue judicial record cards to foreign workers residing in Vietnam in accordance with regulations to complete the application for a work permit.

6. Department of Foreign Affairs:

a) 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 City's functional agencies in handling cases of foreign workers violating labor laws.

b) Support in verifying the authenticity of documents consularly certified by foreign consular offices in the City; documents submitted by the City's Department of Foreign Affairs or by an overseas Vietnamese representative mission to carry out consular legalization procedures related to foreign workers at the request of the City's competent authorities. .

7. Department of Information and Communications:

a) Coordinate with the Department of Labor, War Invalids and Social Affairs, newspapers and radio stations to organize propaganda and dissemination of the provisions of Vietnam's labor law, and submit proposals. Orders, procedures, dossiers for granting work permits and re-granting work permits to enterprises and foreign workers in the city through the mass media.

b) Urging and reminding units in the sectors and fields under their management to comply with legal provisions on recruitment and management of foreign workers.

c) Coordinate with the Department of Labor, War Invalids and Social Affairs and thePolice City in assessing the operation situation of enterprises employing foreign workers within the management sector or field.

8. City Tax Department:

a) Actively remind enterprises employing foreign workers and foreign workers to abide by the provisions of law on foreign workers working in Vietnam.

b) Quarterly, inform the number of foreigners registered for personal income tax to the Department of Labor, War Invalids and Social Affairs for coordination in monitoring and management.

9. Department of Construction:

a) Coordinate 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 sector or field. management area.

b) Quarterly, inform the Department of Labor on the status of new establishment or dissolution of executive offices, project management boards, contractors, and the number of foreigners working at these units. - Invalids and Social Affairs to coordinate monitoring and management.

10. Department of Health:

a) Strictly comply with regulations, procedures and conditions when foreign workers work at medical facilities; regularly checkand monitor the number of medical facilities employing foreign workers.

b) 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 management sector or field.

11. Department of Education and Training:

a) Strictly implement regulations, procedures and conditions for foreign workers working at education and training institutions in the city; regularly monitor the number of education and training institutions employing foreigners.

b) 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 management sector or field.

12. Department of Tourism:

a) Strictly implement regulations, procedures and conditions for foreign workers working at tourism establishments in the city; regularly check and monitor the number of tourism operation units employing foreign workers.

b) 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 management sector or field.

13. Department of Culture and Sports:

a) Strictly implement regulations, procedures and conditions for foreign workers working at cultural, sports facilities, physical training and sports clubs. employing foreign athletes or coaches; regularly check and monitor the number of units operating in the field of culture and sports employing foreign workers, athletes, coaches, writers and artists.

b) Coordinating with the Department of Labor, War Invalids and Social Affairs and thePolice City in assessing the operation situation of enterprises employing foreign workers within the management sector or field.

14. The   Board Management of Export Processing Zones and Industrial Cities, the Management Board Tech Park City:

a) To organize the propagation and dissemination of the provisions of the labor law of Vietnam and guiding the order, procedures and dossiers for granting work permits and re-granting work permits to enterprises and foreign workers in export processing zones, industrial parks and high-tech zones of the city according to authorized competence.

b) Notification of approval of job positions using foreign workers, grant of work permits, re-issuance of work permits and confirmation that foreign workers are not subject to work permits as regulated.

c) Cooperate in inspecting and examining the implementation of legal provisions on recruitment and management of foreign workers working at enterprises in export processing zones, industrial parks and high-tech zones.

d) Receive information from organizations and individuals detecting that foreign workers working in export processing zones, industrial parks and high-tech zones do not have work permits. Request the police to expel foreign workers working in export processing zones, industrial parks and high-tech zones of the city without a work permit.

dd) Coordinating with the City Police and People's Committees of districts in managing the status of residence for foreign workers working in export processing zones, industrial parks and high-tech zones.

e) Periodically report to the Department of Labor, War Invalids and Social Affairs for general synthesis:2nd of

- Before theevery month, notify the situation of granting work permits using Form No. 13 (attached to Circular No. 03/ 2014/TT-BLDTBXH dated January 20, 2014 of the Ministry of Labor, War Invalids and Social Affairs).

- Quarterly report (before the 7th day of the first month of the next quarter) on the situation of foreign workers working at enterprises in the city's export processing zones, industrial parks and high-tech zones according to Form No. 14 attached to Circular No. 03/2014/TT-BLDTBXH dated January 20, 2014 of the Ministry of Labor, War Invalids and Social Affairs).

- Report every 6 months (before July 10) and annually (before January 10 of the following year) on the situation of foreigners working at enterprises in export processing zones, industrial parks, and technology zones of the City according to Form No. 15 (attached to Circular No. 03/2014/TT- BLDTBXH dated January 20, 2014 of the Ministry of Labor, War Invalids and Social Affairs).

15. District People's Committees:

a) Regularly inspect and monitor enterprises employing foreigners in their management areas.

b) Directing functional agencies to manage foreign workers residing and working in the locality; make statistics and review the number of foreign workers working and living in the area for coordination in monitoring and management.

c) Coordinate with the Department of Labor, War Invalids and Social Affairs to exchange the situation and list of foreign workers who are granted work permits to work at enterprises in the district when having work requests.

Article 5. Forms and mechanisms of coordination

1. Forms of information exchange, coordination writtenor direct exchange between leaders and officials assigned to perform tasks of relevant Departments and branches, People's Committees of districts.

2. Annually, the Department of Labor, War Invalids and Social Affairs shall act as the focal point to organize the preliminary review, review and evaluation of the results of the coordination work, learn from experience and propose recommendations (if any).

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 6. Heads of relevant Departments - branches, chairmen of People's Committees of districts are responsible for implementing this Regulation.

Article 7.- The City People's Committee assigns the Department of Labor, War Invalids and Social Affairs to assume the prime responsibility for, and act as the focal point, in coordination with relevant Departments and branches, and the People's Committees of districts in summarizing and handling information information and urge the implementation of this Regulation.

Article 8. In the course of implementation, if any problems arise, the Department of Labor, War Invalids and Social Affairs shall discuss and agree with the relevant Departments and branches, and the People's Committees of districts and sum it up for submission to the Committee. The City People's Committee considers and decides to amend and supplement the Regulation accordingly.