- Translation supported by Google translate-

THE PEOPLE'S COMMITTEE OF
TAY NINH PROVINCE
 --------

 

 

 

No.: 04/2013/QD-UBND


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

 

 

 

Tay Ninh, February 28, 2013


 

DECIDES TO


PROMULGATE REGULATIONS ON COOPERATION IN STATE MANAGEMENT OF FOREIGN WORKERS IN THE TEST PROVINCE


PROVINCIAL PEOPLE'S COMMITTEE

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

Pursuant to the 1994 Labor Code, amended and supplemented in 2002, 2006, 2007;

Pursuant to the Government's Decree No. 34/2008/ND-CP, dated March 25, 2008 on the recruitment and management of foreigners working in Vietnam;

Pursuant to Decree No. 46/2011/ND-CP, dated June 17, 2011 of the Government amending and supplementing a number of articles of Decree No. 34/2008/ND-CP, dated March 25, 2008 of the Government government on recruitment and management of foreigners working in Vietnam;

Pursuant to Circular No. 31/2011/TT-BLDTBXH dated November 3, 2011 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of a number of articles of Decree No. 34/2008/ND-CP, dated 25 March 3, 2008 of the Government and Decree No. 46/2011/ND-CP, dated June 17, 2011 of the Government amending and supplementing a number of articles of Decree No. 34/2008/ND-CP, dated 25 March 2008 of the Government on recruitment and management of foreigners working in Vietnam;

At the proposal of the Department of Labor - Invalids and Social Affairs in Report No. 2031/TTr-LDTBXH, November 26, 2012,

DECIDES:

Article 1. To issue together with this Decision the Regulation on coordination of management work. State management of foreign workers in Tay Ninh province.

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

Article 3.- Assign the Department of Labor, War Invalids and Social Affairs to assume the prime responsibility for, and coordinate with relevant departments and branches in, in implementing this Decision and periodically reporting the implementation results to the Provincial People's Committee.

Article 4. Chief of Office of Provincial People's Committee, Directors of Departments: Labor - Invalids and Social Affairs, Public Security, Planning and Investment, Industry and Trade, Justice, Health, Foreign Affairs, Culture, Sports and Tourism, Education and Training, Information and Communication, Tay Ninh Economic Zone Management Board and heads of relevant departments and branches are responsible for the implementation of this Decision./.

 



TM. PEOPLE'S COMMITTEE
KT. CHAIRMAN
VICE PRESIDENT



 
Nguyen Thao

 

REGULATIONS ON

COOPERATION IN STATE MANAGEMENT WORK FOR FOREIGN EMPLOYERS IN TAY NINH PROVINCE

(Promulgated together with Decision No. 04/2013/QD-UBND, dated February 28, 2013 of the Provincial People's Committee))

Chapter I

GENERAL PROVISIONS

Article 1. Scope and subjects of

regulation This Regulation stipulates the contents, principles, responsibilities, and coordination relations between the state management agencies of Tay Ninh province in the public sector. management of foreign workers who come to reside and work in the province.

Article 2. Principles of coordination in management Coordination

activities are carried out on the principle of compliance with legal regulations, functions, tasks and powers of each agency.

State management agencies are responsible for organizing the implementation of the management of foreign workers within the prescribed scope of responsibilities, proactively coordinating with relevant agencies and units to ensure the safety of foreign workers. uniformly and synchronously in performing the state management of foreign workers residing and working in the province.

Chapter II

COORDINATION AND RESPONSIBILITIES AND RESPONSIBILITIES

Article 3. Coordination contents

1. Guiding and propagating basic contents of labor law in management and employment of foreign workers to reside and work .

2. Monitor, guide and analyze the situation of foreigners entering the province with the purpose of working and units employing foreigners to strictly comply with current law provisions.

3. Check the situation of using foreign workers in enterprises and organizations in the province.

Article 4. Forms of coordination

1. To inform the matters related to foreigners according to their management competence to the agencies specified in this Regulation for timely coordination in handling.

2. The relevant agencies shall coordinate with the Department of Labor, War Invalids and Social Affairs to propose and propose the Provincial People's Committee to consider and decide on measures to deal with cases beyond the authority of the level. I manage.

3. The relevant agencies shall appoint officials and experts to participate in the coordination of the management of foreign workers in the relevant sectors at the request of the Department of Labor, War Invalids and Social Affairs.

4. Implement the regime of regular or irregular information about foreign workers in the fields they are in charge of so that the Department of Labor, War Invalids and Social Affairs will summarize and report to the Provincial People's Committee.

Article 5. Responsibilities of functional

departments 1. Department of Labour, War Invalids and Social Affairs:

a) Organize propaganda and disseminate the provisions of Vietnam's labor law to enterprises, organizations, investors, contractors and local employees.

b) Receive dossiers and issue work permits, extend work permits and re-issue work permits to foreigners in accordance with law.

c) Organize the introduction and supply of labor for foreign contractors under the direction of the Chairman of the Provincial People's Committee.

d) Guiding, inspecting and inspecting the implementation of regulations of law on recruitment and management of foreigners working in Vietnam by enterprises, agencies, organizations, projects, foreign bidding packages. in addition to winning bids in the area; cases in which the work permit is lapsed or invalidated.

e. Periodically before the 5th (year) of each month, the Department of Labor, War Invalids and Social Affairs shall send a list of foreigners who have been granted, renewed and re-issued work permits to the local immigration management agency. according to form No. 12 promulgated together with Circular No. 31/2011/TT-BLDTBXH, dated November 3, 2011 of the Ministry of Labor, War Invalids and Social Affairs.

2. Provincial Police:

a) Manage entry and exit for foreigners and foreign workers working at units in accordance with current law.

b) Guide foreigners through procedures for granting permanent residence card, temporary residence card and visa, and declare permanent residence, temporary residence and temporary absence to the local police station where they register their permanent or temporary residence.

c) Strengthen the management and inspection of the residence and activities of foreign workers in the province according to their competence; regularly coordinate closely with the Department of Labor, War Invalids and Social Affairs and the People's Committees of districts and towns to strictly handle cases of foreigners violating regulations on recruitment and employment of foreign workers. outside the units but do not have a work permit as prescribed.

d) Coordinating with relevant agencies in managing, guiding and urging foreign workers and units employing foreigners to comply with labor laws and regulations. of the law on security and social safety.

dd) To provide the Department of Labor - Invalids and Social Affairs on a monthly basis with the data of foreigners entering Tay Ninh for labor purposes.

3. Department of Planning and Investment:

a) Remind foreigners to be legal representatives; units employing foreign workers strictly comply with the provisions of the labor law

b) Within 7 days from the date of issuance, adjustment and withdrawal of investment certificates of foreign investment projects In areas outside industrial parks or economic zones, the Department of Planning and Investment shall copy and send the new, adjusted and revoked investment certificate to the Department of Labor, War Invalids and Social Affairs for updating and monitoring of management. physical.

4. Department of Industry and Trade:

a) Actively remind industrial clusters under their management that employ foreign workers to comply with the provisions of the labor law.

b) On a monthly basis, inform the Department of Labor, War Invalids and Social Affairs on the situation of granting operation permits, extension and dissolution of enterprises in industrial clusters employing foreign workers to coordinate in accordance with law. management tracking.

5. Department of Justice:

a) Assume the prime responsibility for, and coordinate with the Department of Information and Communications, newspapers and radio stations in, organizing the dissemination and dissemination of legal regulations related to foreigners coming to work in Vietnam. province, through the mass media.

b) Quarterly, assume the prime responsibility for, and coordinate with the provincial Department of Labour, War Invalids and Social Affairs in planning to organize training courses and disseminate specific regulations for foreigners to enterprises and organizations. employ foreign workers and foreigners.

6. Department of Health:

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

b) Monthly, information on the situation of foreign workers working at medical facilities to the Department of Labor, War Invalids and Social Affairs for coordination, monitoring and management.

7. Department of Foreign Affairs:

a) Notify and work with agencies employing foreigners in the province to handle cases where foreigners are their citizens violating the law on residence and labor. Report and recommend the Ministry of Foreign Affairs to handle cases of foreigners whose diplomatic missions do not have offices in Ho Chi Minh City.

b) Discussing with agencies employing foreigners in the province about the legalization procedures of each country, ensuring the legality and truthfulness of the documents issued by the competent authority of the country. out-of-level for use in Vietnam. On that basis, disseminate, inform and guide state management agencies that use papers of foreigners.

c) Coordinate with provincial authorities in handling cases of foreigners violating the law.

8. Department of Culture, Sports and Tourism:

a) Strictly implement procedures and conditions when foreigners work at cultural, sports and tourist establishments; especially gymnastics and sports clubs using foreign athletes and coaches; regularly check, monitor and firmly grasp the number of units operating in the fields of culture, sports and tourism employing foreign employees, athletes, coaches, artists and writers.

b) Monthly, provide information on the situation of foreign workers working at cultural, sports and tourism establishments to the Department of Labor, War Invalids and Social Affairs for coordination, monitoring and management. report to the Provincial People's Committee.

9. Department of Information and Communications:

a) Coordinate with Departments of Labor, War Invalids and Social Affairs and Department of Justice to diversify forms of labor law propaganda to foreigners and employers. foreign.

b) Urging and reminding units under their respective management sectors to strictly comply with regulations on recruitment and employment of foreign workers.

10. Department of Education and Training:

a) Strictly implement procedures and conditions when foreigners work at schools, continuing education centers, vocational training establishments that employ human lecturers. foreign;

b) Monthly, information on the situation of foreign workers working at schools, continuing education centers, vocational training establishments to the Department of Labor, War Invalids and Social Affairs for coordination and monitoring. manage and synthesize reports for the Provincial People's Committee.

11. Tay Ninh Economic Zone Management Board:

a) Issue work permits to foreigners working at the Economic Zone Management Board according to the authorized authority of the Department of Labor, War Invalids and Social Affairs. .

b) Organize training courses to guide the provisions of the law on labor for employers, foreign workers in economic zones.

c) Regularly inspect the situation of using foreign workers in enterprises under its competence and take measures to handle or propose handling according to regulations.

d) Coordinate with the Provincial Police and the People's Committees of districts and towns to strictly manage the residence places of foreigners working in the Economic Zone Management Board.

dd) Periodically, in the first week of the month, report the situation of foreign workers in the preceding month to the Department of Labor, War Invalids and Social Affairs for monitoring and summarizing the situation, and promptly reporting to the Committee. provincial people and the Ministry of Labor, War Invalids and Social Affairs.

e) Within 7 days from the date of issuance, adjustment and withdrawal of investment certificates of foreign investment projects located in industrial parks or economic zones, the Management Board of Tay Ninh Economic Zone copy and send the new, adjusted and revoked investment certificate to the Department of Labor, War Invalids and Social Affairs for updating, monitoring and management.

Article 6. Responsibilities of People's Committees of districts and towns

1. Directing functional agencies to organize statistics, review and grasp the number of foreign workers working and living in the areas under their jurisdiction. vi management to monitor, manage and report according to regulations.

2. Actively plan to closely monitor and manage foreign workers residing and working in the locality.

3. Monthly, in the first week of the month, report according to the form on the situation of foreign workers of the preceding month and send it to the Department of Labor, War Invalids and Social Affairs for coordination, monitoring and management. and synthesize reports for the Provincial People's Committee and the Ministry of Labor, War Invalids and Social Affairs.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 7. Heads of relevant functional departments, chairpersons of People's Committees of relevant districts and towns are responsible for implementing this regulation.

Article 8. The Department of Labor - Invalids and Social Affairs shall act as the focal point for summarizing and making quarterly, 6-monthly and annual reports; advise and assist the Provincial People's Committee in presiding over, summarizing, evaluating lessons learned, proposing solutions and operating directions for the next year.

Article 9. The amendment and supplement to this Regulation shall be submitted to the Human Resources Committee by the Director of the Department of Labor, War Invalids and Social Affairs, who are assigned the responsibility for coordination in this Regulation. Provincial people consider and decide.