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

 

 

 

No: 77/2017/QD-UBND

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

 

 

 

An Giang, November 8, 2017

 

DECIDES TO

PROMULGATE REGULATIONS ON COOPERATION IN MANAGEMENT OF FOREIGN EMPLOYERS WORKING IN AN GIANG


PROVINCE AN GIANG PROVINCE PEOPLE'S COMMITTEE

Pursuant to the Law on Organization of Local Governments, passed by the National Assembly on June 19, 2015;

Pursuant to the Law on Promulgation of Legal Documents passed by the National Assembly on June 22, 2015;

Pursuant to the Labor Code passed by the National Assembly on June 18, 2012;

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 Circular No. 40/2016/TT-BLDTBXH dated October 25, 2016 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of a number of articles of Decree No. 11/2016/ND-CP dated February 3 2016 of the Government;

At the proposal of the Director of the Department of Labor, War Invalids and Social Affairs in Report No. 2203/TTr-SLDTBXH dated October 30, 2017.

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on management coordination. Foreign workers working in An Giang province.

Article 2. This Decision takes effect from November 18, 2017 and replaces Decision No. 54/2009/QD-UBND dated December 2, 2009 of the People's Committee of An Giang province promulgating the Regulation on coordination management of foreign workers working in An Giang province.

Article 3. Chief of Office of Provincial People's Committee, Director of Department of Labor, War Invalids and Social Affairs, Head of Economic Zone Management Board, Heads of relevant Departments, Departments and Branches, Chairman of People's Committee districts, towns, cities and units employing foreign workers are responsible for the implementation of this Decision./.




Receiving place:
 
- Government Office;
- Ministry of Labor - Invalids and Social Affairs;
- Department of Document Inspection - Ministry of Justice;
- TT: TU, People's Council, Provincial People's Committee;
- Provincial Fatherland Front Committee and provincial mass organizations;
- Departments, departments and branches of the province;
- People's Committees of districts, towns and cities;
- Leaders of Provincial People's Committees;
- TT. Official Gazette - Informatics;
- Website of the Office;
- Save: VT, KGVX, TH.
M. PEOPLE'S COMMITTEE
KT. PRESIDENT
Vice Chairman




Le Van Nung

 

REGULATIONS ON

COOPERATION IN MANAGEMENT OF FOREIGN EMPLOYERS WORKING IN AN GIANG PROVINCE
(Issued together with Decision No. 77/2017/QD-UBND dated November 8, 2017 of the Provincial People's Committee)

Chapter I

PROVISIONS GENERAL

Article 1. Governing scope

This Regulation stipulates the principles, contents, responsibilities, and coordination relationship between the provincial state management agencies in the management of foreign workers working in the fields. enterprises and organizations in An Giang province.

Article 2. Subjects of application

1.The relevant Departments, departments and branches and the People's Committees of districts, towns and cities in the process of managing foreign workers working in the province of An Jiang.

2.Agencies, organizations, enterprises and individuals employing foreigners as prescribed in Clause 2, Article 2 of Decree No. 11/2016/ND-CP dated February 3, 2016 of the Government The Government shall detail the implementation of a number of articles of the Labor Code regarding foreign workers working in Vietnam (collectively referred to as enterprises and organizations).

Article 3. Principles of coordinationCoordination

1. activities between State management agencies in the management of foreign workers working in the province are carried out on the principle of compliance with the provisions of the law. 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 the 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. At the same time, all information, exchanged documents and coordinated content must comply with the Ordinance on Protection of State Secrets and the industry's confidentiality regulations.

Article 4. Contents of coordination

1. Integrating guidance and propagating basic contents of labor law on management of foreign workers residing and working in the province into propaganda activities law dissemination and dissemination within the scope of their assigned functions and tasks.

Forms of information exchange, written cooperation or direct exchange between leaders and officials assigned to perform tasks of relevant Departments, Boards and branches, People's Committees of districts and towns, city.

2. Cooperate in guiding units employing foreign workers to make statistics and analyze the situation of foreigners entering An Giang province 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 organizations and coordinate in proposing handling of violations of regulations. regulations within the scope of their assigned functions and tasks.

4. Summarize reports and provide information upon request among agencies participating in the implementation of the Regulation on coordination.

5. Annually, the Department of Labor, War Invalids and Social Affairs shall coordinate with relevant Departments, Committees and branches to organize preliminary review, review and evaluation of results of coordination work, draw experience and make recommendations. recommendations (if any).

Chapter II

COOPERATION CONTENT AND RESPONSIBILITIES

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

1. Coordinating with Departments of Labor - Invalids and Social Affairs The society organizes propaganda, urges and guides organizations, businesses and individuals that employ foreign workers to work in the province to strictly comply with Vietnamese laws related to foreign workers. outside.

Proposing and proposing solutions for each case beyond its competence, submitting them 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. Responsibilities of Departments, Boards, Branches, enterprises, organizations and People's Committees of districts, towns and cities

1. Departments of Labor, War Invalids and Social Affairs

a) Take charge of coordination and organize propaganda and dissemination of labor law provisions and guide the order, procedures, dossiers for granting and re-granting work permits and certifying that foreign workers are not eligible for work permits for foreign workers. enterprises, organizations, investors, contractors and foreign workers in the province.

b) Guiding enterprises, agencies and organizations to determine the demand for foreign workers for each job position that Vietnamese workers have not yet met. Department of Labor - Invalids and Social Affairs receives, considers and appraises each job position. Then, notify the approval of the job position that is allowed to use foreign workers for each employer in accordance with regulations.

c) Receive reports on demand for foreign workers from enterprises or organizations and notify them of approval of job positions using foreign workers; issue and re-issue work permits and certify that foreign workers are not subject to work permits as prescribed by law. Maintain records of reports on demand for foreign workers and dossiers of application for grant and re-grant of work permits for foreigners working at enterprises, agencies and organizations in the province in accordance with regulations. current regulations.

d) To 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 in enterprises, agencies, organizations and enterprises. bidding package by the winning contractor in the province. Request competent agencies to consider and sanction administrative violations according to the provisions of Clause 15, Article 1 of Decree 88/2015/ND-CP dated October 7, 2015 of the Government providing for penalties for administrative violations mainly in the field of labor, social insurance and sending Vietnamese workers to work abroad under contracts.

dd) Receive information from organizations and individuals who discover that foreign workers working in An Giang province do not have work permits. Request the police to handle according to law cases of foreign workers working in An Giang province without a work permit.

e) Revoking the issued work permit under the provisions of Article 17, Decree No. 11/2016/ND-CP dated February 3, 2016 of the Government.

g) Applying information technology in the management and issuance of work permits and re-issuance of work permits to foreigners working in the province via electronic networks.

h) Making reports:

- Quarterly (before the first 10 of the next quarter), the first 6 months (before July 15) and the last six months of the year (before January 15 of the following year). ) to summarize and report to the Ministry of Labor, War Invalids and Social Affairs, the Provincial People's Committee and related units on the situation of foreigners working at enterprises, agencies and organizations under their respective management competence. province area.

- Exchange the situation and list of foreign workers working at enterprises and organizations in the area to serve unexpected work requests at the request of relevant Departments, Boards and Branches and the Human Resources Committee. people of districts, towns and cities.

2. Provincial Police

a) Coordinate with the Department of Labor, War Invalids and Social Affairs, the Department of Foreign Affairs, the Management Board of the Provincial Economic Zone to guide, inspect, urge and propagate the law on the implementation of the provisions of the law on the management of foreign workers working in the province;

b) Perform the state management of entry, exit, residence and activities of foreigners; granting visas, temporary residence cards, extending temporary residence, confirming temporary residence for foreign workers after being granted a work permit or re-issuing a work permit or a confirmation of not being eligible for a work permit. of the Department of Labor - Invalids and Social Affairs;

c) Coordinating with relevant Departments, Boards and Branches in verifying cases where foreign workers submit a written request for a judicial record card in accordance with law.

d) Expulsion of foreign workers working in An Giang province without a work permit or certificate confirming that they are not eligible for a work permit at the request of the Department of Labor, War Invalids and Social Affairs, Economic Zone Management Board or expired temporary stay in Vietnam and other violations of law.

dd) Cooperate with relevant agencies in managing, guiding and urging foreign workers, enterprises and organizations employing foreign workers to comply with the provisions of law on security and order. self and social safety. Timely detection and prevention of violations of the law on security, order and social safety of foreign workers, enterprises and organizations employing foreign workers; take handling measures according to its competence in accordance with the provisions of law.

e) Guiding foreign workers to carry out the procedures: applying for a visa to extend temporary residence, granting a temporary residence card and procedures for temporary residence declaration for accommodation establishments employing temporary foreigners. reside in the province.

3. Department of Justice

a) Coordinate with the Department of Labor, War Invalids and Social Affairs to organize training courses on disseminating and deploying legal documents on foreign labor management for enterprises, agencies, organizations employing foreign workers.

b) Guiding the order, procedures and issuance of judicial record cards to foreign workers who have resided in Vietnam for full 6 months or more and are working at enterprises, agencies and organizations. in the province according to the provisions of law.

4. Department of Planning and Investmentinvestment

Provideregistration certificate, list of newly established enterprises related to foreign factors to Department of Labor, War Invalids and Social Affairs and Provincial Police to update. Daily monitoring, management monitoring (every 3 months).

5. Department of Industry and Trade

a) Coordinate with the Department of Labor, War Invalids and Social Affairs to review, exchange information, appraise dossiers and manage foreign workers moving within the enterprise. subject to a work permit.

b) Coordinating with the Department of Labor, War Invalids and Social Affairs, the Provincial Police and the Management Board of the Provincial Economic Zone in assessing the operation situation of enterprises and organizations employing foreign workers in the country. the scope of the industry, the field of management.

c) Every 6 months, provide information and a list of enterprises and organizations establishing representative offices granted by the Department of Industry and Trade to the Department of Labor, War Invalids and Social Affairs for coordination in monitoring and management.

In case a representative office of a foreign trader ceases to operate. The Department of Industry and Trade provides a list to the Department of Labor - Invalids and Social Affairs to facilitate the management of foreign workers at the representative office.

6. Department of Foreign Affairs

a) Support provincial functional agencies in exchanging information with foreign consular offices related to foreign workers. Coordinating with foreign consular offices and functional agencies of the province in handling cases of foreign workers violating labor laws.

b) Assist in verifying the authenticity of documents consularly certified by consular offices and foreign diplomatic missions; documents submitted by the competent authorities in Vietnam or by the Vietnamese representative missions abroad to carry out the consular legalization procedures related to foreign workers at the request of the agencies. function.

c) Annually, provide a list of organizations, individuals and non-governmental organizations operating in the province to the Department of Labor, War Invalids and Social Affairs and the Provincial Police for coordination in management. Guidance for organizations and individuals to contact the Department of Labor - Invalids and Social Affairs to apply for work permits for foreigners.

7. Department of Information and Communications

a) Coordinate with the Department of Labor, War Invalids and Social Affairs to organize propaganda and dissemination of the provisions of Vietnam's labor law, the order, procedures and dossiers of issuance. , re-issue work permits and confirm foreigners are not subject to work permits for foreign workers working in the province through press agencies, radio and television stations and other media. other mass media.

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

8. Department of Health

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

b) Coordinating with the Department of Labor, War Invalids and Social Affairs and the Provincial Police in assessing the operation situation of enterprises and organizations employing foreign workers within the sectors and fields under their management. .

c) Guiding and directing hospitals and medical examination and treatment establishments that are eligible for medical examination and issuance of health certificates to foreign workers to create favorable conditions for medical examination and issuance of health certificates. receive health care for foreign workers working in the province according to regulations of the Ministry of Health.

d) Inspect, examine and handle professional violations against foreigners practicing medicine and pharmacy in the province.

9. Department of Education and Training

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

b) Coordinating with relevant Departments, Boards and branches in assessing the situation of using foreign workers within the management sector or field.

10. Department of Culture, Sports and Tourism

a) Strictly implement regulations, procedures and conditions for foreign workers working at cultural, sports facilities and sports clubs. sports that employ foreign athletes and 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) Assessment of the operation situation of enterprises and organizations employing foreigners within the management sector or field.

c) Coordinating with relevant Departments, Boards and branches in assessing the operation situation of enterprises and organizations employing foreign workers within their respective management sectors or domains.

11. Provincial Tax Department

a) Receive information on foreign workers, compliance with regulations on employment of foreign workers from the Department of Labor, War Invalids and Social Affairs.

b) Propagating, disseminating and guiding tax laws and policies; manage and inspect the observance of tax laws in accordance with the Law on Tax Administration and other Tax Laws.

c) Quarterly, provide information on the number of foreign workers registered for personal income tax to the Department of Labor, War Invalids and Social Affairs for monitoring and management.

12. An Giang Provincial Union of Friendship Organizations

a) Provide the Department of Labor, War Invalids and Social Affairs with a list of individuals and non-governmental organizations operating in the province according to regulations.

b) Instructing non-governmental organizations employing foreign workers to contact relevant departments, agencies and sectors to carry out procedures for granting and re-granting work permits and certifying that foreigners are not eligible for such work permits. work permit and organize the implementation according to the provisions of law.

13. Provincial Economic Zone Management Board

a) Coordinate with the Department of Labor, War Invalids and Social Affairs in organizing propaganda and dissemination of the provisions of Vietnam's labor law.

b) Receive the report explaining the need to use foreign workers of the enterprise or organization and notify the approval of the job position employing foreign workers for the foreign worker working in the industrial zones. regulated industry.

c) Cooperate in inspection and examination of the implementation of the provisions of the law on recruitment and management of foreign workers working at enterprises and organizations in industrial parks.

d) Guiding, receiving, granting and re-granting work permits, documents certifying that foreign workers are not eligible for work permits and storing dossiers of application for work permits and re-issuance; and a document certifying that the foreign worker is not eligible for a work permit from an enterprise, organization, etc. in the industrial park and border-gate economic zone of An Giang province according to regulations.

dd) Receive information from organizations and individuals detecting that foreign workers working in industrial parks and border-gate economic zones do not have work permits to request the provincial police to expel in case Foreign workers working in industrial parks and border-gate economic zones of the province do not have work permits.

e) Coordinating with provincial police, People's Committees of districts, towns and cities in managing the status of residence for foreign workers working in industrial parks and border-gate economic zones.

g) Make periodic reports as follows:

- Periodically, before the 5th (year) of each month, send the list of foreigners whose foreign workers have been confirmed not to be subject to work permits, the list of foreigners who are not eligible for work permits. Newly issued and re-issued work permits to the Department of Labor - Invalids and Social Affairs and the Provincial Police.

- Quarterly (before the 5th of the first month of the next quarter), the first 6 months of the year (before July 10) and the last 6 months of the year (before January 10 of the following year) summarize the situation of people Foreigners working in enterprises, agencies and organizations in economic and industrial zones shall report to the Department of Labor, War Invalids and Social Affairs to summarize and report to the Provincial People's Committee, the Ministry of Labor and Trade. Military and Social Affairs and relevant authorities.

14. People's Committees of districts, towns and cities

a) Regularly inspect and monitor enterprises and organizations employing foreign workers 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, list of foreign workers who are granted and re-issued work permits and list of foreign workers not subject to work permit issuance. Working in enterprises and organizations in the area when required.

Article 7. Responsibilities of enterprises, organizations and individuals employing foreign workers in the province

1. Enterprises, organizations and individuals are responsible for fully implementing regulations on procedures , application for registration, recruitment and employment of foreign workers in accordance with the Government's Decree No. 11/2016/ND-CP dated February 3, 2016; to apply for the grant and re-grant of work permits to foreigners in accordance with law; 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.

2. Comply with the inspection and inspection of recruitment, use and management of foreign workers at the unit, strictly prohibit the use of foreign workers infringing on national security, order and safety. society, causing political instability in the locality.

3. Manage dossiers, manage foreign workers working at enterprises and organizations in accordance with law.

4. Revoke the expired work permit and return it to the Department of Labor, War Invalids and Social Affairs of An Giang province according to regulations.

5. Report on the situation of using foreign workers according to regulations and ad hoc reports at the request of state agencies.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 8.Heads of relevant Departments, Boards and branches, enterprises, organizations and Presidents of People's Committees of districts, towns and cities shall have to implement this Regulation. .

Article 9.The Provincial 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, Boards and Branches, and the People's Committees of districts, towns and cities in general. , process information and urge the implementation of this Regulation.

Article 10.In the course of implementation, if any problems arise, the Department of Labor, War Invalids and Social Affairs shall discuss and agree with relevant Departments, Boards and branches, and People's Committees of districts, towns and cities. report to the Provincial People's Committee for consideration and decision./.