THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
——–

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

No.23/2014/TT-BLDTBXH

Hanoi, August 29, 2014

CIRCULAR

PROVIDING INSTRUCTIONS ON THE IMPLEMENTATION OF SEVERAL ARTICLES OF THE GOVERNMENT’S DECREE No.03/2014/NĐ-CP DATED JANUARY 16, 2014 ON PROVIDING THE DETAIL FOR IMPLEMENTING SEVERAL ARTICLES OF THE LABOR CODE IN RESPECT OF EMPLOYMENTS

Pursuant to the Government’s Decree No. 106/2012/NĐ-CP dated December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;
Pursuant to the Government’s Decree No.03/2014/NĐ-CP dated January 16, 2014 on detailing the implementation of several articles of the Labor Code in respect of employments;
At the request of the Director of Department of Employment,
The Minister of Labor, War Invalids and Social Affairs hereby promulgates the Circular on providing instructions on implementing several provisions of the Government’s Decree No.03/2014/NĐ-CP dated January 16, 2014 on detailing the implementation of several articles of the Labor Code in respect of employments (hereinafter referred to as the Decree No.03/2014/NĐ-CP)
Chapter I

GENERAL PROVISIONS

Article 1. Governing scope
This Circular shall herein provide guidance on objectives for creating additional employments, labor recruitment, report on labor utilization, formulation and management of employment logbooks in accordance with the Decree No.03/2014/NĐ-CP.
Article 2. Applicable entities
Applicable entities of this Circular is the applicable entities regulated in Article 2 of the Decree No. 03/2014/NĐ-CP
Chapter II

OBJECTIVE FOR CREATING ADDITIONAL EMPLOYMENTS

Article 3. The number of employees provided with additional employments
1. The number of employees provided with additional employments as stipulated in Clause 1 Article 3 of the Decree No.03/2014/NĐ-CP refers to the increasing or decreasing number of employees provided with additional employments for the current reporting period in comparison with the number of employees provided with employments for the previous reporting period.
2. The number of employees with additional employments is classified by their residence in urban or rural areas; economic sectors and gender.
3. Based on information about employments of employees who legally reside in local areas, a report on the number of employees provided with additional employments shall be compiled in accordance with the law on labor market information.
Article 4. Report on the achievement of objectives for creating additional employments
1. The People’s Committee of a hamlet, ward or town with the help of the Division of Labor, War Invalids and Social Affairs shall send an annual report on the achievement of objectives for creating additional employments that takes place at their local areas to the People’s Committee of a provincial or urban district, or a provincial city (hereinafter referred to as the district-level People’s Committee) before every November 25 by completing the form No.01 hereto appended.
2. The district-level People’s Committee with the help of the Department of Labor, War Invalids and Social Affairs shall send an annual report on the achievement of objectives for creating additional employments that takes place at their local areas to the People’s Committee of a central-affiliated city and province (hereinafter referred to as the provincial People’s Committee) before every December 05 by completing the form No.02 hereto appended.
3. The provincial People’s Committee shall then send a final report on the achievement of objectives for creating additional employments for submission to the Ministry of Labor, War Invalids and Social Affairs before every December 15 by completing the form No.03 hereto appended.
Chapter III

RECRUIMENT AND MANAGEMENT OF EMPLOYEES

Article 5. Procedures and processes for labor recruitment
1. The public disclosure of regulations set out in Clause 1 and Clause 4 Article 7 of the Decree No.03/2014/NĐ-CP shall be carried out by means of the followings:
a) Posting an employment advertisement at the employer’s main office, branches or representative offices where job vacancies are available;
b) Advertising job vacancies through the mass media.
2. Employment application form as stipulated at Point a Clause 2 Article 7 of the Decree No.03/2014/NĐ-CP shall adhere to the form No.04 hereto appended.
3. Any job candidate who wishes to take their application back as prescribed in Clause 5 Article 7 of the Decree No.03/2014/NĐ-CP must send a written request within a period of 03 months from the date on which the final result of labor recruitment is announced.
Article 6. Report on labor utilization
1. Employment application form as stipulated at Point a Clause 1 Article 8 of the Decree No.03/2014/NĐ-CP shall adhere to the form No.05 hereto appended.
2. Employers must annually report any change in their labor utilization as stipulated in Clause 2 Article 8 of the Decree No.03/2014/NĐ-CP before May 25 and November 25 by completing the form No.07 hereto appended.
3. The Division of Labor, War Invalids and Social Affairs must annually report the registration of employees and change of labor utilization of local enterprises under the Division’s administrative direction as stipulated in Clause 4 Article 8 of the Decree No.03/2014/NĐ-CPbefore June 05 and December 05 by completing the Form No.06 and 08 hereto appended.
4. The Department of Labor, War Invalids and Social Affairs must annually report the registration of employees and change of labor utilization of local enterprises under the Department’s administrative direction as stipulated in Clause 5 Article 8 of the Decree No.03/2014/NĐ-CP before June 15 and December 15 by completing the Form No.06 and 08 attached herein.
Article 7. Formulation, management and use of employment logbooks
1. Within a period of 30 days as from the date on which the enterprise has started running their business operations, employers must keep the employment logbook at their main office, branches or representative offices.
2. Employers have the right to decide whether such employment logbook shall be kept in paper or electronic copies, which must meet the employer’s management needs but also enclose basic information about employees as follows:
a) Full name, gender, year of birth, nationality, residence and ID (or passport) number;
b) Professional and technical qualifications;
c) Vocational grades and skills;
d) Job title;
dd) Type of employment contract;
e) Start date;
g) Participation in social insurance, health insurance and unemployment insurance;
h) Salary or wage;
i) Pay raise;
k) The number of annual leaves and specific reasons;
l) Overtime hours (on weekdays, weekends, annual leaves and public holidays);
m) Social and health insurance benefits;
n) Opportunities to have access to vocational education or training, professional and skills development courses;
o) Labor discipline and material responsibility;
p) Occupational accidents and diseases;
q) Time of employment contract termination and specific reasons.
3. Employers must be responsible to record detailed information about employees right after the employment contract comes into force as well as keep the employment logbook up to date by entering any change to information about employees.
4. Employers must be responsible to manage and use the employment logbook for the right purpose and make it available whenever it is requested by the Division of Labor, War Invalids and Social Affairs; the Department of Labour, War Invalids and Social Affairs at an area where the employer’s main office, branches and representative offices are located; inspectorate of the Ministry of Labor, War Invalids and Social Affairs, and relevant regulatory agencies.
Chapter IV

EXECUTION PROVISIONS

Article 8. Entry into force
1. This Circular comes into force as from October 20, 2014.
2. This Circular shall supersede the Circular No.06/1998/TT-BLĐTBXH dated April 15, 1998 on providing instructions on registration of employees right after the enterprise starts their business and report on the termination of employment contracts whenever the enterprise is dissolved; the Circular No.29/1999/TTLT-BLĐTBXH-BQP dated December 06, 1999 of the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of National Defense on providing instructions on registration of employees right after such enterprise starts their business, report on the enterprise’s labor utilization during their business operation, and report on the termination of employment contracts in respect of military-run enterprises, and the Circular No.20/2003/TT-BLĐTBXH dated September 22, 2003 on providing instructions for the implementation of a several provisions of the Government’s Decree No.39/2003/NĐ-CP dated April 18, 2003 on labor recruitment.
3. As regards enterprises, agencies and organizations that have been established and started their business operations before this Circular comes into force, employers must keep an employment logbook at their main offices, branches and representative offices within a period of 30 days as from the effective date of this Circular.
Article 9. Responsibility for implementation
The Department of Labour, War Invalids and Social Affairs, relevant agencies, enterprises, organizations and individuals shall take full responsibility for the implementation of this Circular.
Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs for any timely guidance.
 

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THE GOVERNMENT
——–

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

No.75/2014/NĐ-CP

Hanoi, July 28^th, 2014

DECREE

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LABOR CODE ON RECRUITING AND MANAGING VIETNAMESE EMPLOYEES WORKING FOR FOREIGN ORGANIZATIONS & INDIVIDUALS IN VIETNAM

Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Labor Code dated June 18^th, 2012;
At the request of the Minister of Labor, War Invalids and Social Affairs,
The Goverment issues the Decree detailing the implementation of a number of articles of the Labor Code on recruiting and managing Vietnamese employees working for foreign organizations and individuals in Vietnam (hereinafter referred to as foreign employers).
Article 1. Scope
The Decree regulates the selection, introduction, recruitment and management of Vietnamese employees working for foreign employers.
Article 2. Regulated entities
1. Vietnamese employees, who are Vietnamese, 18 years or older, capable of working and civil acts.
2. Foreign organizations which are foreign offices and organizations licensed by Vietnamese competent authorities to operate within Vietnam’s territory, include:
a) Foreign diplomatic missions, consular offices, representative offices of international organizations of the UN system, intergovernmental organizations of regions & subregions;
b) Permanent offices of foreign news agencies;
c) International organizations, intergovernmental organizations, foreign governmental organizations;
d) Foreign non-governmental organizations issued certificates of registration by Vietnamese competent agencies according to the Decree no.12/2012/NĐ-CP dated November 12^th 2012 of the Government on registration and management of foreign non-governmental organizations in Vietnam;
e) Foreign non-profit representative offices of organizations specialized in economy, commerce, finance, banking, insurance, science – technology, culture, health, law consultancy in Vietnam.
3. Foreigners who are working for organizations precribed in Clause 2 of this Article or foreigners permitted to reside in Vietnam by Vietnamese competent agencies.
4. Vietnamese offices and organizations related to recruiting and managing Vietnamese employees working for foreign employers.
Article 3. Vietnamese employees working for foreign employers
Vietnamese employees prescribed in Clause 1, Article 2 of this Decree are permitted to work for foreign employers except Vietnamese employees who are prohibited from working for foreign organizations and individuals.
Article 4. Authority to recruit and manage Vietnamese employees working for foreign employers
1. The organizations having the authority to recruit and manage Vietnamese employees working for foreign employers (hereinafter referred to as Vietnamese employee recruiting agencies) include:
a) Organizations appointed or authorized by the Ministry of Foreign Affairs;
b) Employment centers that are establish under the approval of the Minister of Labor, War Invalids and Social Affairs or the Presidents of the People’s Committees of provinces.
2. Organizations prescribed in Point a Clause 1 of this Decree are authorized to recruit and manage Vietnamese employees working for the following foreign employers:
a) The foreign organizations prescribed in Point a, b, c and d of Clause 2, Article 2 of this Decree;
a) The foreigners working for foreign organizations prescribed in Point a, b, c and d of Clause 2, Article 2 of this Decree;
3. Employment centers prescribed in Point b of Clause 1 of this Article are authorized to recruit, introduce and manage Vietnamese employees for working for the following foreign employers:
a) The foreign organizations prescribed in Point e of Clause 2, Article 2 of this Decree;
b) Foreigners who are working for organizations precribed in Point e of Clause 2, Article 2 of this Decree, foreigners permitted to reside in Vietnam by Vietnamese competent agencies.
Article 5. Employment applications of Vietnamese employees
1. An application form using the template provided by the Ministry of Labor, War Invalids and Social Affairs.
2. A copy of birth certificate.
3. A health certificate which is issued by a competent medical facility within 06 (six) months prior to the submission of the application.
4. Copies of professional qualifications and foreign language qualifications related to the job applied for.  Any certificate in a foreign language must be translated into Vietnamese and authenticated according to regulations of Vietnam.
Article 6. Procedure for recruiting Vietnamese employees working for foreign employers
1. When there is a need to recruit Vietnamese employees, a foreign employer must submit a request for recruiting Vietnamese employees to Vietnamese employee recruiting agencies. The request must specify requirements for the recruiting positions: quantity, professional qualifications, foreign language qualifications, deadline, rights and duties of Vietnamese employees and the foreign employers during the employment and upon the resignation for each recruiting position.
2. Within 15 (fifteen) working days, since the receipt of the request of a foreign employer, the Vietnamese employee recruiting agency has the responsibility to select and introduce Vietnamese employees at the request of the foreign employers.
3. When the time limit prescribed at Clause 2 of this Article is expired, the Vietnamese employee recruiting agencies cannot select and introduce any Vietnamese employee at the request of the foreign employer, the foreign employer has the right to directly recruit Vietnamese employees.
4. Within 07 (seven) working days after the signing of a labor contract with a Vietnamese employee, foreign employers must inform in writing and enclose a copy of the labor contract to Vietnamese employee recruiting agencies.
Article 7. Responsibility of Vietnamese employees working for foreign employers
1. Comply with Vietnamese legislation on labor
2. Comply with the clauses in the labor contract signed with a foreign employer
3. Comply with the regulations of the Vietnamese employee recruiting agencies who introduced the Vietnamese employees to the foreign employer.
Article 8. Responsibility of foreign employers using Vietnamese employees
1. Comply with the Labor Code and other regulations of Vietnam.
2. Comply with the clauses in the submitted request for recruiting Vietnamese employees and the signed labor contracts.
3. Send biannual, annual or unscheduled reports (upon request) on the recruiment of Vietnamese employees to Vietnamese employee recruiting agencies.
Article 9. Responsibility of the Vietnamese employee recruiting agencies
1. Receive applications from Vietnamese employees and requests for recruiting Vietnamese employees from foreign employers.
2. Select, introduce and manage Vietnamese employees working for foreign employers.
3. Provide training Vietnamese employees in order for them to satisfy requirements of foreign employers.
4. The biannual, annual or unscheduled reports (upon request) on the recruitment and employment of the Vietnamese employees to the Vietnamese employees agencies are regulated as follows:
a) Organizations appointed or authorized by the Ministry of Foreign Affairs to recruit and manage Vietnamese employees working for foreign employers send the report to the Ministry of Foreign Affairs;
b) Employment centers established under the approval of the Minister of Labor, War Invalids and Social Affairs send the report to the the Ministry of Labor, War Invalids and Social Affairs and Services of Labour, War Invalids and Social Affairs at the places in where centers’ main offices locate.
b) Employment centers established under the approval of the Presidents of the People’s Committees of provinces send the report to Services of Labour, War Invalids and Social Affairs.
5. Perform other duties according to regulations.
Article 10. Responsibility of the Ministry of Labor, War Invalids and Social Affairs
1. Implement state management on recruiting and managing Vietnamese employees working for foreign employers.
2. Give guidance on and inspect the implementation of this Decree.
3. Send biannual and unscheduled reports (upon request) to the Prime Minister on Vietnamese employees working for foreign employers.
Article 11. Responsibility of the Ministry of Foreign Affairs
1. Manage Vietnamese employees working for foreign employers prescribed in Point a, b, c and d of Clause 2, Article 2 of this Decree;
2. Manage organizations to which the Ministry of Foreign Affairs assigns or authorizes the recruitment and management of Vietnamese employees working for foreign employers.
3. Give guidance on selecting, introducing and managing Vietnamese employees working for foreign employers prescribed in Point a, b, c and d of Clause 2, Article 2 of this Decree;
4. Send biannual, annual or unscheduled reports (upon request) on the status of Vietnamese employees working for foreign employers under the management to the Ministry of Labor, War Invalids and Social Affairs.
Article 12. Responsibility of the Ministry of Finance
Take charge and cooperate with the Ministry of Foreign Affairs to give guidance on managing, using and settling the expenditures funded by the State budget to support the organizations to which the Ministry of Foreign Affairs assigns or authorizes the recruitment and management of Vietnamese employees working for foreign employers according to Point a, b, c and d of Clause 2, Article 2 of this Decree;
Article 13. Responsibility of the Ministry of Public Security
Cooperate with competent agencies to manage Vietnamese employees working for foreign employers, and foreign employers using Vietnamese employees to comply with the regulations on ensuring security, public order.
Article 14. Responsibility of People’s Committee of the provinces
1. Implement state management on recruiting and managing Vietnamese employees working for foreign employers under the management.
2. Supervise and inspect selecting, introducing and managing Vietnamese employees working for foreign employers.
3. Send biannual, annual or unscheduled reports (upon request) on the status of reruiting and managing Vietnamese employees working for foreign employers to the Ministry of Labor, War Invalids and Social Affairs.
Article 15. Effect
1. The Decree takes effect on September 15^th 2014.
2. The Decree no. 85/1998/NĐ-CP dated October 20 1998 of the Government on recruitment, use and management Vietnamese employees working for foreign employers; the Decree no.46/1999/NĐ-CP dated on July 01^st 1999 of the Government on amending a number of articles of the Decree no. 85/1998/NĐ-CP dated October 20 1998 of the Government on recruitment, use and management Vietnamese employees working for foreign employers; the Decree no.75/2001/NĐ-CP dated on October 20^st 2001 of the Government on amending and supplementing a number of articles of the Decree no. 46/1999/NĐ-CP dated on July 01^st 1999 and the Decree no. 85/1998/NĐ-CP dated October 20 1998 of the Government on recruitment, use and management Vietnamese employees working for foreign employer are replaced by this Decree.
Article 16. Implementation responsibility
The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of the People’s Committees of provinces and related agencies, organizations, and individuals are responsible for implementing the Decree.
 

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THE GOVERNMENT
——–

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

No. 73/2014/ND-CP

Hanoi, July 23, 2014

DECREE

AMENDMENTS TO ARTICLE 29 OF THE GOVERNMENT’S DECREE NO. 55/2013/NĐ-CP DATED MAY 22, 2013 ON IMPLEMENTATION OF CLAUSE 3 ARTICLE 54 OF THE LABOR CODE ON LICENSING OUTSOURCING SERVICES, DEPOSIT PAYMENT, AND LIST OF PERMISSIBLE OUTSOURCED JOBS

Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to Company law dated November 29, 2005;
Pursuant to the Labor Code dated June 18, 2012;
At the request of the Minister of Labor, War Invalids and Social Affairs,
The Government promulgates a Decree to amend Article 29 of the Government’s Decree No.55/2013/NĐ-CP dated May 22, 2013 on implementation of Clause 3 Article 54 of the Labor Code on licensing outsourcing services, deposit payment, and list of permissible outsourced jobs.
Article 1. Clause 3 is added to Article 29 as follows:
“3. Any company that performs national defense and security tasks, which are approved by the Prime Minister in the restructuring scheme, in addition to its business operation may carry out outsourcing between the outsourcer and other companies in a parent company-subsidiary company relationship or a business corporation in which the company is a member, provided the outsourced jobs are on the List of arduous, hazardous, dangerous jobs and extremely arduous, hazardous, dangerous jobs issued by the Minister of Labor, War Invalids and Social Affairs.”
Article 2. Implementation
1. This Decree takes effect on September 15, 2014.
2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces are responsible for the implementation of this Decree./.
 

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THE GOVERNMENT
——–

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

No. 27/2014/ND-CP

Hanoi, April 07, 2014

DECREE

 GUIDELINES FOR REGULATIONS OF THE LABOR CODE ON DOMESTIC SERVANTS

Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Labor Code dated June 18, 2012;
At the request of the Minister of Labor, War Invalids and Social Affairs;
The government promulgates a Decree on guidelines for regulations of the Labor Code on domestic servants
Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation
This Decree deals with the rights, obligations, and responsibilities of domestic servants, their employers, the organizations and individuals involved in the performance of labor contracts, wages, social insurance, health insurance, hours of work and hours of rest, occupational safety, occupational hygiene, labor discipline, financial obligations and settlement of labor dispute according to the Labor Code.
Article 2. Subjects of application
1. The domestic servants defined in Clause 1 Article 179 of the Labor Code.
2. The employers of domestic servants under labor contracts.
3. The organizations and individuals involved in the implementation of this Decree.
This Decree is not applied to Vietnamese domestic servants that work overseas.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. A worker means a domestic servant defined in Clause 1 Article 179 of the Labor Code, whether living or not living with the employer’s family.
2. Other works in the household that are not related to commercial activities defined in Clause 1 Article 179 of the Labor Code include: cooking for family members, not for a restaurant; planting vegetables, fruits, ornamental plants, raising animals to serve the life of the family members, not for sale or exchange; cleaning the house, the garden, protecting the house and other property of the household that is not a workshop, a shop, an office, or a business location; transporting family members or stuff that is not goods or raw materials serving business; tutoring family members; washing clothing and blankets of family members that are not clothing in a laundry shop or protective clothing of the people hired by the household; other works serving everyday life of the family members that do not directly contribute to income generation of the household or the family members.
3. Regular household tasks are the tasks in the contract that recur after a certain period of time (hourly, daily, weekly, or monthly).
4. An employer may be a household or multiple households that hire the same domestic servant under a labor contract.
Chapter 2.

LABOR CONTRACT

Article 4. Signatories to the labor contract
1. The signatory on the employer’s side may be:
a) The household owner;
b) A person authorized by the household owner(s);
c) A person authorized by members of the household owner(s);
2. The signatory on the worker’s side may be:
a) A worker aged 18 or more;
b) A worker aged 15 to under 18 that has a written consensus by a legal representative of the worker.
Article 5. Conclusion of the labor contract
1. When the labor contract is concluded with an illiterate worker, the employer must read the whole labor contract out loud for the worker to hear and agree before it is signed. If necessary, the worker may request the employer to invite a person that is not a family member to witness before the labor contract is signed.
2. If the employer hires multiple domestic servants, each of them must have a separate labor contract.
3. The labor contract shall be made into two copies, one of which is kept by the employer and the other is kept by the worker.
4. Within 10 days from the day on which the labor contract is signed, the employer must notify the employment of a domestic servant to the People’s Committee of the commune, ward or town where the worker works.
Article 6. Information provision prior to contract conclusion
1. The employer must provide the worker with the following information:
a) The information mentioned in Clause 1 Article 19 of the Labor Code.
b) The living conditions of the worker, information about the family members and their routines.
2. The worker must provide the employer with the following information:
a) The information mentioned in Clause 2 Article 19 of the Labor Code.
b) ID number, date of issuer, issuer, permanent residence, family background, full name and address of the contact.
Article 7. Labor contract contents
A labor contract must contain:
1. The information mentioned in Clause 1 Article 23 of the Labor Code;
2. The living conditions of the worker (if any);
3. The worker’s travel allowance when the labor contract expires on schedule;
4. The time and financial support for the worker to go to school (if any);
5. The responsibility to pay compensation for damaging equipment or other assets of the employer;
6. The prohibitions applied to both parties
Article 8. Probation
1. The employer and the worker may reach an agreement on the probation, the rights and obligations of both parties during and after the probation period in accordance with Article 26, Article 28, and Article 29 of the Labor Code.
2. The probation period must not exceed 06 working days.
Article 9. Labor contract suspension
1. The employer and the worker may reach an agreement on suspension of the labor contract in accordance with Clause 4 and Clause 5 Article 32 of the Labor Code.
2. When the suspension is over, the worker must be present at the workplace, unless otherwise agreed by both parties. When the suspension is over, the employer must reemploy the worker.
3. If the worker is not present when the suspension mentioned in Clause 2 of this Article is over, the employer is entitled to unilaterally terminate the labor contract.
Article 10. Cases of labor contract termination
1. The labor contract expires.
2. The works under the labor contract are all finished.
3. Both parties agree to terminate the labor contract.
4. The worker dies.
5. The employer that is an individual dies.
6. The employer or the worker unilaterally terminates the labor contract.
Article 11. Worker’s prior notice of unilateral termination of labor contract
1. The worker must give a prior notice 15 days before unilaterally terminating the labor contract, except for the cases in Clause 2 and Clause 3 of this Article.
2. The worker must give a prior notice 03 days before unilaterally terminating the labor contract in the following cases:
a) The works assigned or the working locations are not consistent with the labor contract;
b) Wages are not paid in full or on schedule according to the labor contract, unless otherwise agreed by both parties;
c) The worker is not provided with acceptable living conditions as stated in the labor contract;
d) The worker fails to continue working due to a disease or accident.
3. Prior notice of unilateral termination of the labor contract is not required in the following cases:
a) The worker is abused, insulted, sexually harassed, attacked, or forced to work by the employer or a family member;
b) The working conditions are dangerous or threaten the safety or health of the worker, and the employer fails to take any effective measure;
c) The worker to fails to keep performing the contract due to a natural disaster, blaze, or another force majeure circumstance despite all the measures taken.
Article 12. Employer’s prior notice of unilateral termination of labor contract
1. The employer must give a prior notice 15 days before unilaterally terminating the labor contract, except for the cases in Clause 2 and Clause 3 of this Article.
2. The employer must give a prior notice 03 days before unilaterally terminating the labor contract in the following cases:
a) The worker seriously violates the labor contract, except for the cases in Point a Clause 3 of this Article;
b) The worker has been treated for a disease or accident for 30 consecutive days.
3. Prior notice of unilateral termination of the labor contract is not required in the following cases:
a) The worker commits embezzlement, gambles, attacks a family member or a co-worker, abuses drugs, or uses prostitutes;
b) The employer or a family member is abused, insulted, sexually harassed, attacked, or forced by the worker;
c) The employer to fails to keep performing the contract due to a natural disaster, blaze, or another force majeure circumstance despite all the measures taken.
Article 13. Responsibilities of the employer and worker when the labor contract is terminated
1. When the labor contract is terminated according to Article 10 of this Decree, the employer and the worker must settle the relevant payments according to the labor contract. If necessary, payments may be delayed for up to 07 working days from termination date.
2. When the labor contract is terminated according to Clause 1, Clause 2, Clause 3, Clause 4, or Clause 5 of Article 10, or when the labor contract is unilaterally terminated according to Article 11, Clause 1, Point b Clause 2, or Point c Clause 3 Article 12 of this Decree, the employer must pay the worker a severance pay according to Article 48 of the Labor Code.
3. Within 10 days from the termination date, the employer must notify the contract termination to the People’s Committee of the commune, ward or town where the worker worked.
Article 14. Worker’s going to school
1. The employer must allow the worker to go to school at the worker’s request.
2. The time for the worker to go to school shall be agreed by both parties and must be written in the labor contract.
Chapter 3.

WAGES, SOCIAL INSURANCE, HEALTH INSURANCE

Article 15. Wages, method of payment, and deadline for payment
1. The level of wage is agreed by both party and must be written in the labor contract. The wage (including the living cost if the worker lives with the family) must not fall below the minimum wages imposed by the government. The employer and the worker shall negotiate the monthly living cost, provided it does not exceed 50% of the wage in the labor contract.
2. The method of payment and deadline for payment shall be negotiated by both parties. If wages are paid to a bank account, the employee must enable the worker to open a bank account. The costs related to the opening and maintenance of the account shall be negotiated by both parties. The employer must not deduct any wiring fee from the wage.
3. If the employer requests the worker to work overtime, work during public holidays or paid leave, the employer must provide overtime pay in accordance with Article 97 of the Labor Code.
Article 16. Payment upon resignation
1. The employer must pay wages to the worker in full if the employer is accountable for the worker’s resignation, unless otherwise agreed by both parties.
2. The employer is not required to pay the worker if the employee is not accountable for the worker’s resignation, unless otherwise agreed by both parties.
Article 17. Wage deduction
1. The employer may only deduct the compensation for damaged equipment or loss of property from the worker’s wages in accordance with the labor contract.
2. The deduction from the monthly wage shall be agreed by both parties, but must not exceed 30% of the monthly wage if the worker does not live with the family, or not exceed 60% of the remaining wage after deducting the living cost if the worker lives with the family.
3. The worker must be informed of the every deduction.
Article 18. Bonus
Every year, the employer shall pay bonus for the worker according to their performance and the financial capacity of the household.
Article 19. Social insurance and health insurance
The employer must pay the worker an additional amount that is equal to the social insurance and health insurance premiums when paying wages. The worker shall use this amount to pay insurance himself or herself.
Article 20. Responsibilities of the employer when the worker is sick
1. When the worker that lives with the family is sick, the employer must enable to the worker to rest and treat their sickness. The medical cost shall be covered by the worker, unless otherwise agreed by both parties.
2. The employer is not required to pay the worker for the days the worker is off sick>
Chapter 4.

HOURS OF WORK AND REST

Article 21. Hours of work and hours of rest of workers that live with the family
1. The hours of work and hours of rest shall be agreed by both parties, provided the worker has at least 8 hours of rest, including 6 consecutive hours of rest in during a 24-hour period.
2. The working time workers aged 15 to under 18 is prescribed in Clause 2 Article 163 of the Labor Code.
Article 22. Weekly rest time
The worker must have at least 24 hours of rest every week. Otherwise, the employer must allow the worker to rest at least 04 days a month on average. The time of rest shall be negotiated by both parties.
Article 23. Annual leave and public holidays
1. If the worker has worked for 12 months for an employee, he or she is entitled for 12-day leave in the year. The time of rest shall be negotiated by both parties. The worker may negotiate with the employer for taking leave many times a year or only one time during a period of not more than 3 years.
2. The worker is entitled to rest and get paid in full during public holidays according to Article 115 of the Labor Code.
3. When taking annual leave, the worker shall receive an advance payment that equals at least the payment for the days off.
Chapter 5.

OCCUPATIONAL SAFETY AND OCCUPATIONAL HYGIENE

Article 24. Occupational safety and occupational hygiene
1. The employer must instruct the worker to use the equipment and appliances related to their works, provide instructions on fire safety, and provide personal safety equipment for the worker while they are working.
2. The worker must follow the instructions provided by the employer; ensure the sanitation of the households and the residential area.
3. Every year, the employee must enable the worker to undergo a health check. If necessary, the employer shall request the worker to undergo a health check. The health check cost shall be covered by the employer, unless otherwise agreed by both parties.
Article 25. Responsibilities of the employer when the worker has an occupational accident
1. When the worker has an occupational accident, the employer must:
a) Provide emergency treatment in a timely and careful manner;
b) Notify the worker’s family;
c) Fulfill the employer’s obligations in Article 144 of the Labor Code;
d) Report the case to and cooperate with a competent authority in investigating the occupational accident as prescribed by law.
2. The employer must not unilaterally terminate the labor contract with the worker that has the occupational accident during the treatment, except for the case in Point b Clause 2 Article 12 of this Decree.
Chapter 6.

LABOR DISCIPLINE, FINANCIAL OBLIGATIONS, AND SETTLEMENT OF LABOR DISPUTE

Article 26. Labor discipline and financial obligations
1. When the employee commits the breaches of the contract other than those mentioned in Clause 2 and Clause 3 Article 12 of this Decree, the employer is entitled to give a reprimand. If the breach occurs, the employee may terminate the labor contract in accordance with Clause 1 and Article 12 of this Decree depending on the seriousness of the breach.
2. The worker that damages the equipment or other property of the employee must pay compensation for the damage in accordance with Article 130 of the Labor Code, unless otherwise agreed by both parties.
Article 27. Settlement of labor dispute
When a dispute between the employer and the worker or a family member arises, the employer and the worker must negotiate towards an amicable settlement. If an amicable settlement cannot be reached, the case may be settled by a conciliator or at court in accordance with Article 201 of the Labor Code.
Chapter 7.

IMPLEMENTATION

Article 28. Effect
1. This Decree takes effect on May 25, 2014.
2. The Labor Code and other guiding documents shall apply to the issues that are not mentioned in this Decree.
3. Any employer that hires a domestic servant before this Circular takes effect must cooperate with the worker in adjust the labor contract to this Decree or signing a new labor contract that is conformable with this Decree, and notify the People’s Committee of the commune, ward, or town where the worker works.
Article 29. Responsibilities for implementation
1. Minister of Labor, War Invalids and Social Affairs is responsible for providing instructions on the implementation of this Decree.
2. The People’s Committees of communes, wards and towns shall receive notifications of employment of domestic servants and terminations of their labor contracts, assist in settling disputes between domestic servants and their employers; receive and consider workers’ reports of their employers’ abuse, sexual harassment, coercion, or other violations of law; summarize and report the adherence to labor laws of local domestic servants.
3. Other Ministers, heads of ministerial agencies, head of Governmental agencies, Presidents of the People’s Committees of central-affiliated cities and provinces, relevant organizations and individuals are responsible for the implementation of this Decree./.
 

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THE MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS
——-

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

No.: 03/2014/TT-BLDTBXH

Hanoi, January 20, 2014

CIRCULAR

GUIDING IMPLEMENTATION OF A NUMBER OF ARTICLES OF GOVERNMENT’S DECREE NO.102/2013/ND-CP DATED SEPTEMBER 05, 2013, DETAILING IMPLEMENTATION OF A NUMBER OF ARTICLES OF LABOR CODE ON FOREIGN WORKERS IN VIETNAM

Pursuant to Government’s Decree No. 106/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor – Invalids and Social Affairs;
Pursuant to the Government’s Decree No. 102/2013/ND-CP dated September 05, 2013, detailing implementation of a number of articles of Labor Code on foreign workers in Vietnam
At the proposal of Director of the Employment Department;
The minister of Labor – Invalids and Social Affairs promulgates the Circular guiding implementation of a number of Articles of Government’s Decree No. 102/2013/ND-CP dated September 05, 2013, detailing implementation of a number of Articles of Labor Code on foreign workers in Vietnam (hereinafter abbreviated to Decree No. 102/2013/ND-CP).
Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application
Scope of regulation and subjects of application of this Circular are scope of regulation and subjects of application prescribed in Article 1 and Article 2 of Decree No. 102/2013/ND-CP.
Article 2. Interpretation of terms
1. Providers of contractual services prescribed at point d Clause 1 Article 2 of Decree No.102/2013/ND-CP are foreign laborers worked for at least 02 years (24 months) in a foreign enterprise with no commercial presence in Vietnam and must satisfy conditions for “experts” as prescribed at Clause 3 Article 3 of Decree No. 102/2013/ND-CP.
2. Foreign laborers working under form of service sale offer specified at point dd Clause 1 Article 2 of Decree No. 102/2013/ND-CP are foreign employees not living in Vietnam and not receiving remuneration from any source in Vietnam, participate in activities related to the act as representative for a service provider to negotiate for service consumption of that providers, provided that not sell directly that service to public and not directly participate in service supply.
3. Managers, executive directors defined at point i Clause 1 Article 2 of Decree No. 102/2013/ND-CP are foreign employees directly participating in management in organizations and enterprises including the work of directing organizations and enterprises or units affiliated those organizations and enterprises; supervising and controlling the work of specialized staff, managers or other superiors.
Chapter II

DETERMINATION OF WORK POSITION PERMITTED USING FOREIGN EMPLOYEES

Article 3. Demand in using foreign laborers
1. Before at least 30 days after the employers (except for contractor) estimate the recruitment of foreign laborers, the employers must report and explain as prescribed at Clause 1 Article 4 of Decree No. 102/2013/ND-CP on demand for using foreign laborers, including: Position of work, quantity, professional qualification, experiences, salary, working time and submit directly to the Departments of Labor – Invalids and Social Affairs of provinces and centrally-affiliated cities (hereinafter abbreviated to the provincial/municipal Departments of Labor – Invalids and Social Affairs) where the employers locate head office according to form No. 1 promulgated together with this Circular.
2. The employers who have been accepted for use of foreign employees but have changes of demand for use of foreign employees must directly submit report to explain adjustment and supplementation before at least 30 days from the tentative day of new recruitment, additional recruitment or recruitment for replacing foreign employees to the provincial Departments of Labor – Invalids and Social Affairs where the employers locate head offices according to form no. 2 promulgated together with this Circular.
3. The provincial Department of Labor – Invalids and Social Affairs shall notify acceptance for use of foreign employees to each employer according to Form No.3 promulgated together with this Circular within 15 days after receiving report on explanation or report on explanation for adjustment and supplementation of demand for use of foreign employees of the employers.
Article 4. Demand in using foreign laborers of contractors
Request of recruiting Vietnamese employees for positions expected to recruit foreign employees as prescribed at Clause 3 Article 5 of Decree No. 102/2013/ND-CP must be performed before at least 02 months for request of recruiting 500 Vietnamese employees or more and before at least 01 month for request of recruiting less than 500 Vietnamese employees, contractors shall send the request directly or via post to chairperson of the provincial People’s Committees where contractors perform bidding packages after getting confirmation of investors about acceptance of using foreign employees according to form No.4 promulgated together with this Circular.
In case where a contractor wishes to adjust, supplement number of foreign employees defined in bid dossier, dossier of proposals, the investor must confirm on acceptance of the plan adjusted and supplemented demand of necessary foreign employees for use of contractor according to Form No. 5 promulgated together with this Circular and before recruiting Vietnamese employees in work positions that expected to recruit foreign employees as prescribed in this Article.
Chapter III

GRANT OF WORK PERMIT

Article 5. Dossier of request for grant of work permit
Papers specified at Clause 1, Clause 3, Clause 4, Clause 5 and Clause 8 Article 10 of Decree No. 102/2013/ND-CP guided implementation as follows:
1. A written request for a work permit of the employer as prescribed in clause 1 Article 10 of Decree No. 102/2013/ND-CP made according to Form No.7 promulgated together with this Circular.
2. Papers specified at Clause 1, Clause 3, Clause 4, Clause 5 and Clause 8 Article 10 of Decree No. 102/2013/ND-CP guided implementation as follows:
a) If foreign laborers have resided in Vietnam, they must have a justice record granted by the national justice record center or cases of residing in Vietnam, they must have justice record granted by Departments of Justice in provinces and central-affiliated cities and written confirmation for not being offenders or liable to criminal prosecution as prescribed by foreign law granted by foreign competent agencies;
b) If foreign laborers have not yet resided in Vietnam, they must have written confirmation for not being offenders or liable to criminal prosecution as prescribed by foreign law granted by competent agencies of foreign countries.
3. Written confirmation of being managers, executive directors, experts or technical workers as prescribed at Clause 4 Article 10 of Decree No. 102/2013/ND-CP shall implement as follows:
a) For foreign laborers being managers, executive directors, they must have one of the following papers:
– documentary evidence of being managers, executive directors, consisting of:  Work permit or labor contract or decision on appointment in which defines that foreign laborer having been worked at position of managers or executive directors;
– Written confirmation of being managers, executive directors made by agencies, organizations or enterprises where such foreign laborers have ever worked.
b) For foreign laborers being experts, they must have one of the following papers:
– documentary evidence for foreign laborers who have qualification of engineers, masters or higher or equivalent qualification and have at least of 05 working years in the specialized line as trained and suitable with the work position which foreign laborer expected to work in Vietnam;
– Written confirmation for being expert, which is recognized by competent agencies and organizations or foreign enterprises.
c) For foreign laborers being technical laborers, they must have one of the following papers:
– documentary evidence or written confirmation of competent agencies and organizations or enterprises in foreign countries in which they have been trained technical specialized line with duration of not less than 01 year;
– documentary evidence for foreign laborers to have at least 03 working years in the specialized line as trained and suitable with the work position which foreign laborer is expected to work in Vietnam;
4. Written acceptance of using foreign laborers as prescribed at clause 5 Article 10 of Decree No.102/2013/ND-CP is notification of Department of Labor – Invalids and Social Affairs about work positions accepted by chairpersons of the provincial People’s Committees for using foreign laborers or documents of chairpersons of the provincial People’s Committees deciding to allow contractors to recruit foreign laborers in the work positions that fail to recruit Vietnamese laborers.
5. Documents to prove as prescribed at point a point c and point g Clause 8 Article 10 of Decree No. 102/2013/ND-CP are one of the following papers:
– Labor contract;
– Written confirmation of the employer;
– Decision on recruiting foreign laborers;
– Certificate of tax or insurance payment of foreign laborer.
Article 6. Work permit
1. Form of work permit as prescribed at Clause 2 Article 12 of Decree No. 102/2013/ND-CP is guided for implementation as follows:
a) Form of work permit:
Work permit has size of A4 (21 cm x 29.7 cm), includes 2 pages:  Page 1 is blue, coated with plastic; page 2 has white background, blue pattern, image of a star in the middle.
b) Content of work permit made according to Form No. 7 promulgated together with this Circular.
2. The employment Department of the Ministry of Labor – Invalids and Social Affairs shall print and issue uniformly work permit.
Article 7. Cases of re-grant of work permit
1. Work permit is lost, damaged.
2. Change of contents stated on the granted work permit:  Full name; date of birth; nationality; passport number, working places.
Working place in work permit is address where foreign employees work. Change of working address stated on work permit are foreign laborers in case of assigning, moving, sending to branches, representative offices or other facilities of the employer at the same province, central-affiliated city for full-time work.
Article 8. Dossier of request for re-grant of work permit
Papers specified at Clause 1, Clause 3 Article 14 of Decree No. 102/2013/ND-CP guided implementation as follows:
1. A written request for re-grant of a work permit of the employer as prescribed at clause 1 Article 14 of Decree No. 102/2013/ND-CP made according to Form No.8 promulgated together with this Circular.
2. Papers in dossier of request for re-grant of a work permit for foreign employees working under labor contracts as prescribed at point b clause 3 Article 14 of Decree No. 102/2013/ND-CPinclude: The granted work permit (except for case of lost) still be valid at least 05 days but not exceeding 15 days, before the expired date of the granted work permit; certificate of heath as prescribed at clause 2 Article 10 of Decree No. 102/2013/ND-CP; notification of Department of Labor – Invalids and Social Affairs about work positions accepted by chairpersons of the provincial People’s Committees for using foreign laborers or documents of chairpersons of the provincial People’s Committees deciding to allow contractors to recruit foreign laborers in the work positions that fail to recruit Vietnamese laborers.
3. For case of lost work permit as prescribed at clause 3 Article 14 of Decree No. 102/2013/ND-CP foreign employees must provide a written explanation certified by the employers.
Article 9. Time limit of the granted, re-granted work permits
Time limit of the granted work permits shall comply with Article 11 of Decree No. 102/2013/ND-CP time limit of the re-granted work permits shall comply with Article 16 of Decree No.102/2013/ND-CP but not exceeding time limit in written acceptance of chairpersons of the provincial People’s Committees about use of foreign employees or not exceeding time limit in documents of chairpersons of the provincial People’s Committees deciding on recruitment of foreign employees by contractors to work in each position which fails to recruit Vietnamese laborers.
Article 10. The written reply on refusal for work permit grant or re-grant
In case of refusal for grant of work permit as prescribed at clause 2 Article 12 of Decree No.102/2013/ND-CP refusal for re-grant of work permits as prescribed at Clause 3 Article 15 of Decree No. 102/2013/ND-CP the provincial Departments of Labor – Invalids and Social Affairs shall reply the employer according to Form No.9 promulgated together with this Circular.
Article 11. Confirmation for foreign laborers not required to grant Work permit
Confirmation for foreign laborers not required to grant Work permit as prescribed at Clause 2 Article 8 of Decree No. 102/2013/ND-CP guided implementation as follows:
1. The employer send documents directly to the provincial Departments of Labor – Invalids and Social Affairs to request for confirmation for foreign laborers not required work permit according to Form No.10 promulgated together with this Circular.
2. The provincial Departments of Labor – Invalids and Social Affairs shall confirm for foreign laborers required or not required work permit according to Form No.11 promulgated together with this Circular.
Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 12. Responsibilities of chairpersons of the provincial People’s Committees
1. To direct the local functional agencies to organize the propagation, dissemination of law; examination, inspection; and handling of violations as prescribed by law on the recruitment and management of foreigners working in their areas.
2. To direct local agencies and organizations to introduce and supply the Vietnamese employees to the contractors.
3. To accept the work positions that the employer may recruit foreign laborers; assign the provincial Departments of Labor – Invalids and Social Affairs to receive, sum up and appraise to submit to chairpersons of the provincial People’s Committees about demand of using foreign laborers and notify about the acceptance to chairpersons of the provincial People’s Committees to each employer.
4. To decide the permission of foreign contractors to be recruited foreigners into the jobs that fail to recruit Vietnamese employees.
Article 13. Responsibilities of the provincial Department of Labor – Invalids and Social Affairs
1. To organize the propagation and dissemination of the provisions of Vietnam labor law and guide the order of, procedures for and dossiers of work permit grant/re-grant to the enterprises, organizations, investors, contractors and foreign workers in the area.
2. To implement the introduction and supply of labor for the employers or contractors as prescribed by law.
3. To receive, sum up, appraise demand of using foreign laborers in each work position in localities and submit to chairpersons of the provincial People’s Committees for acceptance and notify in writing about each work positions permitted using foreign laborers to each employer according to the consent of chairpersons of the provincial People’s Committees.
4. To grant, re-grant work permits, confirm cases not required work permits.  When receiving dossier of request for work permit grant/ re-grant, confirmation of cases not required work permit, they must record in logbook according to Form No.12 promulgated together with this Circular and issue a receipt to the employer. In the receipt must clearly state date of receiving dossiers, papers included in dossier and time limit for reply. To keep dossiers of request for work permit grant/ re-grant as prescribed by law.
5. To check and inspect implementation of legislations on the recruitment and management of foreigners working in their areas by the employers in their localities.
6. To withdraw work permits as prescribed at Clause 2 Article 17 of Decree No. 102/2013/ND-CP.
7. Periodically report:
a) Before the fifth day of each month, to notify the provincial Departments of Public Security about grant of work permit according to Form No.13 promulgated together with this Circular.
b) Quarterly report to the Ministry of Labor – Invalid and Social Affair about foreign laborers working in their provinces and cities according to form No. 14 promulgated together with this Circular before the tenth day of first month of next quarter.
c) Biannually, before July 15 and every year, before January 15 of year following report year, the Ministry of Labor – Invalid and Social Affair about situation of foreigners working at enterprises, agencies and organizations in areas under their management according to form  no. 15 promulgated together with this Circular;
8. To apply information technology in management and work permit grant/re-grant to foreign employees working in Vietnam.
Article 14. Responsibilities of the employers
1. Strictly comply with the provisions of Vietnamese law on foreign laborers working in Vietnam.
2. To guide, supply to foreign laborers with Vietnamese legislations on foreign laborers working in Vietnam.
3. To conduct the procedures for grant of work permits, re-grant of work permits and confirmations for case not required work permit for foreigners working in Vietnam.
For foreign laborers granted work permit but in case of assigning, moving, or sending to a province or city other than province or city where they are working for full-time work or do at other position for the employer, to conduct grant of work permit as prescribed Article section 3 of Decree  no. 102/2013/ND-CP.
4. To pay fee for work permit grant/ re-grant as prescribed by law.
5. To fulfill labor contracts signed with foreigner working in enterprises and organizations as stipulated by law provisions; to send a notification of signing labor contract enclosed with copy of labor contract had been signed to the provincial Department of Labor – Invalids and Social Affairs where  issued work permit for such foreigner.
6. To manage dossiers and regularly update, supplement papers related to foreign laborers working in enterprises and organizations.
7. To manage foreign laborers working at enterprises and organizations.
8. Within 03 days, after withdrawing work permit for cases specified at Clause 1 Article 17 of Decree No. 102/2013/ND-CP of foreign employees, the employers shall submit directly to the provincial Department of Labor – Invalids and Social Affairs where grants that work permit. In case of failing to withdraw work permit, they must report in writing and clearly stating reason thereof.
9. Periodically report:
a) The employer shall perform the reporting regime biannually, before July 5 and every year, before January 5 of year following report year to the provincial Department of Labor – Invalids and Social Affairs where the employer locates head office, performs project, implement bidding package about situation of using foreign workers according to form no. 16 promulgated together with this Circular;
b) Foreign laborers granted work permits but in case of assigning, moving, or sending to a branch, representative office or other facility of that employer in and out province or city with duration of at least 10 days in 01 month or at least 30 accumulate days in 01 year, the employer must notify in writing about working time, position of work of such foreign workers and enclosed with copy of the granted work permit to the provincial Department of Labor-Invalids and Social Affairs where foreigners arrive for work.
Article 15. Responsibilities of investors
1. To organize supervision, request contractor to comply with contents committed in bid dossiers, dossier of proposals involving use of Vietnamese and foreign laborers when performing contracts.
2. To guide, urge, check contractors in implementing regulations on recruitment and use of foreign laborers to work for contractors as prescribed by law; to monitor and manage foreign laborers in implementation of Vietnamese law; to report quarterly to the provincial Department of Labor-Invalids and Social Affairs about use of foreign laborers of contractors according to Form No. 16 promulgated together with this Circular before the fifth date of first month of the next quarter.
Article 16. Responsibilities of foreign employees 
1. To research provisions of the law of Vietnam provided for by the foreign employers working in Vietnam, and to prepare the necessary papers in dossiers of request for work permit, dossiers of request for re-grant of work permit.
2. To implement the provisions of the law on the recruitment and management of foreigners working in Vietnam and other relevant provisions.
3. Within 02 days, after a foreign employee is withdrawn work permit as prescribed at Clause 1 Article 17 of Decree No. 102/2013/ND-CP foreign employee must submit that work permit to the employer.
Article 17. Effect
1. This Circular takes effect on March 10, 2014.
2. This Circular replaces Circular No. 31/2011/TT-BLDTBXH dated 03/11/2011 of the Ministry of Labor – Invalids and Social Affairs, guiding implementation of a number of Articles of Government’s Decree No. 34/2008/ND-CP dated March 25, 2008 and Government’s Decree No.46/2011/ND-CP dated June 17, 2011, amending and supplementing a number of Articles of Government’s Decree No. 34/2008/ND-CP dated March 25, 2008, on the recruitment and management of foreign workers in Vietnam.
3. The employers who registered demand of recruitment and use of foreign laborers in 2014 as prescribed at Clause 7 Article 19 of Government’s Decree No. 34/2008/ND-CP dated March 25, 2008 amended and supplemented and Clause 10 Article 14 of Circular No. 31/2011/TT-BLDTBXH dated 03/11/2011, of the Ministry of Labor – Invalids and Social Affairs before November 01, 2013, the provincial Departments of Labor – Invalids and Social Affairs shall sum up, appraise and report to Chairpersons of the provincial People’s Committees for consideration and decision.
In the course of implementation, any arising problems should be reported to the Ministry of Labor – Invalids and Social Affairs for timely guide and supplementation.
 

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DECISION

APPROVING THE SCHEME ON FORMATION AND DEVELOPMENT OF THE VOLUNTARY PENSION PROGRAM IN VIETNAM

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Labor Code of June 18, 2012;
Pursuant to Resolution No. 21-NQ/TW of November 22, 2012, of the Political Bureau on enhancement of the Party leadership over social insurance and health insurance in the 2012-2020 period;
Pursuant to the Prime Minister’s Decision No. 252/QD-TTg of March 1, 2012, approving the strategy on development of the securities market
through 2020;
At the proposal of the Minister of Finance,

DECIDES:

Article 1. To approve the scheme on formation and development of the voluntary pension program in Vietnam with the following principal contents:
1. Objectives
a/ General objectives
To form and develop a voluntary pension program aiming to build a multi-pillar pension system in Vietnam, contributing to the assurance of social security under the Political Bureau’s Resolution No. 21-NQ/TW of November 22, 2012; and at the same time to encourage thrift and expand the basis for long-term capital investors on the capital market under the strategy on development of the securities market through 2020.
b/ Specific objectives
– By 2020, there will be some 400-500 enterprises with around 150,000 persons buying pension insurance products or making contributions to voluntary pension funds in the form of investment entrustment.
– By 2020, the accumulated turnover of voluntary pension funds for reinvestment in the economy, including the capital and securities markets, will approximate VND 10-12 trillion.
2. Participants
Employees and employers (enterprises) that sign labor contracts are encouraged to participate in the voluntary pension program. Employees and enterprises may only participate in, and enjoy preferential policies from, the voluntary pension program when they fully participate in all compulsory social insurance programs prescribed by law.
3. Policies to encourage the voluntary pension program
The State shall encourage employees and enterprises to participate in the voluntary pension program through various products of the program, and adopt tax preferences for contributed amounts, investment profits and payments to laborers when they reach the retirement ages. The conditions for enjoyment of tax preferences and specific tax preference levels must comply with the Law on Enterprise Income Tax and the Law on Personal Income Tax and guiding documents.
4. Implementation solutions
a/ To establish and complete the legal framework
– To formulate a decree on voluntary pension funds after the entrustment model that clearly prescribes the registration mechanism for establishment of the funds; the framework provisions on the organization and operation model; the mechanism for contribution and payment, investment limits of the funds to ensure safety of these pension funds; and the mechanism of information, reporting on, and supervision of, these funds. The time for completion and submission to the Government is 2014;
– To complete the legal framework on securities investment funds and investment entrustment on the securities market that expands and diversifies investment products on the capital market, consolidates the system of organized investors on the market in accordance with the Prime Minister-approved strategy on development of the securities market through 2020;
– To formulate legal documents guiding the Law on Personal Income Tax and the Law on Enterprise Income Tax that concretize the preferential policies for the voluntary pension program prescribed in the laws. The guiding documents must clearly define subjects, levels and conditions for accounting as expenditures, for exclusion from taxable incomes or tax exemption from and reduction of contributed amounts, investment profits and payments from the voluntary pension program. The completion time is in 2014.
b/ Development of voluntary pension products
– For pension insurance products, employees and enterprises shall sign contracts with life insurance companies for application of the mechanism of insurance premium contribution, monitoring of personal accounts and payment to employees participating in the voluntary pension program under Law No. 24/2000/QH10 on Insurance Business and Law No. 61/2010/QH12 Amending and Supplementing a Number of Articles of the Law on Insurance Business and guiding documents;
– To study and develop products of voluntary pension funds with the contributions of employees and employers (enterprises) after the establishment, operation, management and supervision models conformable with international practices and practical conditions of Vietnam, aiming to contribute to the assurance of social security and expand the basis for long-term capital investors on the capital market.
c/ State management mechanism
– For the pension insurance products, the State manages and oversees the supply of pension insurance products under Law No. 24/2000/QH10 on Insurance Business and Law No. 61/2010/QH12 Amending and Supplementing a Number of Articles of the Law on Insurance Business and guiding documents;
– For voluntary pension products after the fund model, the State manages and oversees the establishment registration and the materialization of the voluntary pension program at enterprises, clearly stating the participants; fundamental contents of the program (mechanisms on contribution, investment, payment to laborers when they reach the retirement ages. The management and supervision are effected through frame provisions on organization and operation models of voluntary pension funds, the provisions on investment limits and mechanisms on information, reporting and supervision, applicable to voluntary pension funds.
Article 2. Organization of implementation
1. The Ministry of Finance shall assume the prime responsibility for, and coordinate with related agencies in, performing the following major tasks:
a/ Studying and submitting to the Government for promulgation a decree on voluntary pension funds after the entrustment model;
b/ Studying and submitting to competent authorities amendments and supplements to the legal frameworks on securities investment funds and investment entrustment on the securities market toward expanding and diversifying the investment products on the capital market and consolidating the system of organized investors on the market;
c/ Coordinating with the Ministry of Labor, War Invalids and Social Affairs in developing the voluntary pension program and performing the state management role according to their assigned responsibilities and vested powers;
d/ Reviewing and assessing the implementation of the voluntary pension program and reporting it to the Prime Minister.
2. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with related agencies in, performing the following major tasks:
a/ Studying mechanisms and policies for development of compulsory additional pension insurance aiming to diversify forms of social insurance participation;
b/ Coordinating with the Ministry of Finance in studying a decree on voluntary pension funds after the entrustment model;
c/ Perform the state management role related to its assigned responsibilities and vested powers.
Article 3. This Decision takes effect on the date of its signing.
Article 4. Ministers, heads of ministerial-level agencies, heads of government- attached agencies, chairpersons of provincial-level People’s Committees and heads of related agencies shall implement this Decision.-
 

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THE GOVERNMENT
——–

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

No. 03/2014/ND-CP

Hanoi, January 16, 2014

DECREE

DETAILING A NUMBER OF ARTICLES OF THE LABOR CODE ON EMPLOYMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 18, 2012 Labor Code;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
The Government promulgates the Decree detailing a number of articles of the Labor Code on employment.
Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation
This Decree details a number of articles of the Labor Code on targets of new jobs; the National Employment Fund; local employment programs and labor recruitment and management.
Article 2. Subjects of application
1. Employees defined in Clause 1, Article 3 of the Labor Code.
2. Employers defined in Clause 2, Article 3 of the Labor Code.
3. Other agencies, enterprises, organizations and individuals related to the contents specified in Article 1 of this Decree.
Chapter II

TARGETS OF NEW JOBS, NATIONAL EMPLOYMENT FUND AND LOCAL EMPLOYMENT PROGRAMS

Article 3. Target of new jobs
1. The target of new jobs specified in Clause 1, Article 12 of the Labor Code is a target showing the number of newly employed laborers within a reporting period.
2. People’s Committees at all levels shall formulate and organize the realization of the target of new jobs in programs, projects and five-year and annual socio-economic development plans.
3. The responsibility to report on results of the target of new jobs is as follows:
a/ Annually, People’s Committees of communes, wards, townships; and People’s Committees of districts, towns and provincial cities shall summarize results of the realization of the target of new jobs in localities to report to superior People’s Committees;
b/ Annually, People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees) shall summarize results of realizing targets of new jobs in their localities and report them to the Ministry of Labor, War Invalids and Social Affairs.
4. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment in, guiding, examining, and reporting to the Government on results of realizing, five-year and annual targets of new jobs.
Article 4. National Employment Fund
1. The National Employment Fund is formed from the following sources:
a) The state budget;
b) Aid of organizations and individuals at home and abroad;
c) Other lawful aid sources.
2. The National Employment Fund is used for the following purposes:
a/ To provide preferential loans to small- and medium-sized enterprises, cooperatives, cooperative groups, business households and laborers to assist them in creating, maintaining and expanding jobs;
b/ To support enterprises in difficult circumstances due to economic recession in order to limit the number of job losers;
c/ To support the development of employment service organizations and the labor market information system.
3. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with related ministries and agencies in, submitting to the Prime Minister for promulgation the mechanism for management and use of the National Employment Fund.
4. Annually, the Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and the Ministry of Finance in, formulating plans on additional allocation of the state budget to the National Employment Fund and submit them to the Prime Minister for decision.
Article 5. Local employment programs
1. Local employment programs referred to in Clause 1, Article 13 of the Labor Code cover targets, major tasks, subjects, scope of implementation, time, organization of implementation, mechanisms and policies for implementation.
2. Based on local socio-economic conditions in each period, provincial-level People’s Committees shall formulate local employment programs and submit them to same-level People’s Councils for decision; and organize the implementation of these programs and annually report implementation results to the Ministry of Labor, War Invalids and Social Affairs.
Chapter III

LABOR RECRUITMENT AND MANAGEMENT

Article 6. Labor recruitment
The recruitment of Vietnamese laborers to work for Vietnamese employers; and to work in industrial parks, export processing zones, hi-tech zones and economic zones (below referred to as industrial zones) defined in Article 11 and Clause 2, Article 168 of the Labor Code is prescribed as follows:
1. Employers may recruit Vietnamese laborers directly or through employment service organizations or labor sub-lease enterprises.
2. Laborers may directly contact employers or register through employment service organizations to find jobs.
Article 7. Labor recruitment procedures and order
1. At least 5 working days before receiving dossiers of registration for recruitment examination from laborers, an employer, an employment service organization or a labor sub-lease enterprise shall publicly notify its demand for labor recruitment. A notification contains the following details:
a/ Professions, jobs, professional qualifications and number of laborers to be recruited;
b/ Type of labor contract to be signed;
c/ Offered wage level;
d/ Working conditions for each working position.
2. A dossier of registration for recruitment examination comprises:
a/ The written registration for recruitment examination, made according to the form set by the Ministry of Labor, War Invalids and Social Affairs;
b/ Copies of diplomas and certificates of professional and technical qualifications, foreign language and computing skills as required for vacant positions;
c/ Health certificate prescribed by the Ministry of Health;
d/ Other necessary papers prescribed by law.
3. When receiving a dossier of registration for recruitment examination, an employer, an employment service organization or labor sub-lease enterprise shall manage such dossier and clearly notify the laborer of the recruitment time.
4. Employers, employment service organizations or labor sub-lease enterprises shall publicly notify results of labor recruitment within 5 working days from the date of obtaining such results.
5. For laborers who fail or do not sit the recruitment examination, employers, employment service organizations or labor sub-lease enterprises shall return dossiers of registration for recruitment examination to them within 5 working days after the laborers so request.
6. Employers shall pay all expenses for the labor recruitment and may account as their production and business costs the following expenses:
a/ Expense for the labor recruitment;
b/ Expense for receipt and management of dossiers of registration for recruitment examination;
c/ Expense for organization of recruitment examination;
d/ Expense for notification of recruitment results.
Employers that recruit laborers through employment service organizations shall pay employment service charges to these organizations as prescribed by law.
Article 8. Reports on use of labor
1. Within 30 days from the date of operation commencement, an employer shall declare the use of labor to the Labor, War Invalids and Social Affairs Division or Department (for employers operating in industrial parks) of the locality where its/his/her head office, branch or representative office is located.
2. Biannually or annually, an employer shall report on labor changes to the Labor, War Invalids and Social Affairs Division or Department (for employers operating in industrial parks) of the locality where its/his/her head office, branch or representative office is located.
3. Biannually or annually, a labor sub-lease enterprise shall report on the number of sub-leased laborers to the Labor, War Invalids and Social Affairs Department of the locality where its head office, branch or representative office is located.
4. Biannually or annually, the Labor, War Invalids and Social Affairs Division shall summarize the situation of labor use and change in labor of local enterprises and report them to the Labor, War Invalids and Social Affairs Department.
5. Biannually or annually, the Labor, War Invalids and Social Affairs Departments shall summarize the situation of labor use and change in local enterprises to report them to the Ministry of Labor, War Invalids and Social Affairs and provincial-level People’s Committees.
Article 9. Labor management book
Employers shall compile, manage and use labor management books as prescribed by the Ministry of Labor, War Invalids and Social Affairs.
Chapter IV

IMPLEMENTATION PROVISIONS

Article 10. Effect
1. This Decree takes effect on March 15, 2014.
2. The Government’s Decree No. 39/2003/ND-CP of April 14, 2003, detailing and guiding a number of articles of the Labor Code on employment ceases to be effective on the effective date of this Decree.
Article 11. Implementation responsibility
1. The Minister of Labor, War Invalids and Social Affairs shall guide the implementation of this Decree.
2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies, enterprises, organizations and individuals shall implement this Decree.-
 

The post Decree No. 03/2014/ND-CP dated January 16, 2014 appeared first on MP Law Firm.

CIRCULAR

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF DECREE NO. 55/2013/ND-CP OF 22/5/2013 OF THE GOVERNMENT DETAILING THE IMPLEMENTATION OF CLAUSE 3, ARTICLE 54 OF THE LABOR CODE ON LICENSING OF LABOR SUBLEASE, PAYMENT OF DEPOSITS AND LIST OF JOBS ALLOWED FOR LABOR SUBLEASE

Pursuant to the Labor Code of June 18, 2012;
Pursuant to the Decree No. 55/2013/ND-CP of May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code on licensing of labor sublease, payment of deposits and list of jobs allowed for labor sublease;
Pursuant to Decree No.106/2012/ND-CP of 20 December 2012 of the Government stipulating functions, tasks, power and organizational structure of the Ministry of Labor-War Invalid and Social Affairs;
At the Proposal of the Director of Legal Affair Department;
The Minister of Labor-Invalids and Social Affairs promulgates Circular detailing and guiding the implementation of a number of articles of Decree No. 55/2013/ND-CP of May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code on the licensing of labor sublease, payment of deposits and list of jobs allowed for labor sublease.
Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation
This Circular provides procedures on issuance, re-issuance, extension and withdrawal of Operating Licenses for labor sublease, reporting regime of labor sublease under Decree No.55/2013/ND-CP of May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code on the licensing of labor sublease, payment of deposits and list of jobs allowed for labor sublease (below collectively referred to as Decree No.55/2013/ND-CP)
Article 2. Subjects of application
This Circular applies for Labor sub-leasing enterprises (below referred to as “sub-leasing enterprises”), Labor hiring parties, sub-leased employees and other agencies, organizations and individuals related to labor sublease.
Article 3. Dossiers for confirmation of foreign enterprises operating in labor sublease
1. Foreign enterprises specialized in labor sublease as prescribed in Point a, Clause 3, Article 6 of Decree No.55/2013/ND-CP are enterprises having main production or trade activities are labor sublease.
A dossier for determination of an enterprise operating in labor sublease will include one of following documents:
a) The business registration certificate of the enterprise, in which labor sublease is a licensed content;
b) The License of labor sublease issued by a competent state agency of the host country;
c) Other documents issued by competent state agencies of the host country to the enterprise for conducting Labor sub-leasing activities.
2. Document that proves experiences in labor sub-leasing activities as prescribed in Point b, Clause 3, Article 6 of Decree No. 55/2013/ND-CP is the contract that the enterprise conducted labor sub-leasing activities, in which reflected the duration of the licensed labor sub-leasing activities in accordance with legal provisions of the host country and other relevant documents (if any).
Article 4. Dossiers for determination of locations where headquarters, branches, representative offices of leasing enterprises are located
Valid documents for cases that locations of headquarters, branches or representative offices of enterprises are houses owned by persons whose names are in business registration certificates according to Article 7 of Decree No. 55/2013/ND-CP include one of following documents such as the certificates of land use rights and house ownership of the registrants.
Article 5. The heads of leasing enterprises, branches and representative offices, managers and persons who hold key positions of leasing enterprises
1. Heads of leasing enterprises, branches and representative offices of leasing enterprises as prescribed in Article 8 of Decree No.55/2013/ND-CP are owners of private enterprises, enterprises or authorized persons of owners of one-member liability limited companies, members or authorized persons of members of liability limited companies with two members or more, shareholders or authorized persons of shareholders of joint stock companies, members of partnerships.
2. Heads of leasing enterprises will have to prove that they have experience in labor sublease according to Clause 2, Article 8 of Decree No. 55/2013/ND-CP through contracts on management, administration of labor sub-leasing activities or contracts on management, administration of Labor supplying activities.
Contents in curriculum vitae (CV) of the leasing enterprise are set in a form under Annex II promulgated together with this Circular.
3. Managers, persons who hold key positions of leasing enterprises under Article 9 of Decree No.55/2013/ND-CP are Directors or General Directors, Chief Accountants and other managers as provided in Charters of enterprises or positions appointed by competent persons of enterprises for titles in management boards of leasing enterprises.
Article 6. Cases of changing locations of headquarters, branches, representative offices of leasing enterprises
1. Leasing enterprises are entitled to change their locations of headquarters, branches or representative offices before the time limit provided in Clause 2, Article 10 of Decree No.55/2013/ND-CP in cases as follows:
a) Fire;
b) Collapse, damages or landslides causing damages;
c) Site clearance according to decisions of competent state agencies;
d) Other cases of force majeure.
2. The written notice sending to Departments of Labor-Invalids and Social Affairs regarding changes in locations of headquarters, branches or representative offices of leasing enterprises will have to enclose with verifying documents of People’s Committees of communes, wards or towns for cases provided in Point a, Point b of Clause 1 of this Article or accredited documents of the above-mentioned competent state agencies for cases provided in Point d, Clause 1 of this Article.
Chapter 2.

PROCEDURES FOR ISSUANCE, RE-ISSUANCE, EXTENSION AND WITHDRAWAL OF OPERATING LICENSES OF LABOR SUBLEASE

Article 7. Order in issuance, re-issuance, and extension of operating licenses of labor sublease
1. The enterprise is responsible for sending directly, fully 01 set of Dossier for issuance, re-issuance or extension of Operating License of labor sublease as prescribed in Article 11 of Decree No.55/2013/ND-CP to Department of Labor-Invalids and Social Affairs of province or city where headquarter of the enterprise is located to propose an assessment of Dossier for issuance, re-issuance, and extension of Operating License of labor sublease (below collectively referred to as “the License”), concurrently send 01 set of the above Dossier to the Ministry of Labor-Invalids and Social Affairs (its Legal Affair Department) to conduct a proposal of issuance, re-issuance or extension of the License.
In case where the Dossier proposed to have an assessment of the enterprise does not have sufficient documents as prescribed in the Dossier for issuance, re-issuance or extension of the License, then within 03 working days since the date of receiving the Dossier proposed to have an assessment, the Department of Labor-Invalids and Social Affairs is responsible for notifying in writing to the enterprise on the supplementation of missing documents.
2. When receiving a Dossier for request of issuance, re-issuance or extension of the License, the Department of Labor-Invalids and Social Affairs will be responsible for recording in tracking book and issuing a receipt to the enterprise, in the receipt must clearly state date, month, year of receiving the dossier, documents enclosed in the dossier and the time limit for response.
The Department of Labor-Invalids and Social Affairs will be responsible for assessment of authenticity of contents in the Dossier within 30 working days, since the date of receiving a full and valid Dossier and sends result of the assessment enclosed with 01 copy of the Dossier for request of issuance, re-issuance or extension of the License of the enterprise to the Ministry of Labor-Invalids and Social Affairs (its Legal Affair Department).
3. The Minister of Labor-Invalids and Social Affairs will base on the Dossier for request of issuance, re-issuance or extension of the enterprise and the assessment result of the Dossier of the Department of Labor-Invalids and Social Affairs, as well as other relevant legal provisions to issue, re-issue, extend or not to issue, re-issue or extend the License according to the time limit provided in Clause 2, Article 13 of Decree No.55/2013/ND-CP and concurrently send its response in writing about that decision to the enterprise and the Department of Labor-Invalids and Social Affairs that conducted the assessment of the Dossier for request of issuance, re-issuance or extension of the License.
Article 8. Dossiers for suggests of issuance, re-issuance or extension of Licenses
1. A dossier for request of issuance, re-issuance or extension of the License will comprise of documents provided in Article 11 of Decree No.55/2013/ND-CP
2. For case of extending the License or suggesting issuance of a new License, the leasing enterprise will have to send a Dossier for suggest of extension or issuance of a new License in accordance with Article 7 of this Circular, not later than 90 working days before the expiry date of the License.
3. For case of suggesting a re-issuance of the License due to a fire or a loss, then beside those documents prescribed in Clause 1 of this Article, the leasing enterprise will have to enclose with a verifying document of the People’s Committee of commune, ward or town regarding such loss or fire of license.
In case of suggesting re-issuance of the License due to a damage, the leasing enterprise will have to send a copy of the License enclosed with the Dossier for request of re-issuance to the Department of Labor-Invalids and Social Affairs to request an assessment and submit again its License to the Ministry of Labor-Invalids and Social Affairs (its Legal Affair Department) when conducting a request for re-issuance of the License.
Article 9. The operating licenses for labor sublease
1. An operating license of labor sublease as prescribed in Clause 1, Article 12 of Decree No.55/2013/ND-CP will comprise of 01 page printed on cardboard white paper, blue pattern, imprinted with the national emblem, black frame and full of contents in the set form prescribed in Annex I enclosed with Decree No.55/2013/ND-CP
2. In case where the License have been extended 02 times as provided in Clause 2, Article 12 of Decree No.55/2013/ND-CP but the leasing enterprise still continue having demand in labor sublease after the expiry date of the above License, then the enterprise will need to conduct procedures to request an issuance of a new License in order to continue its labor sub-leasing activities.
3. For case where the enterprise operating in production or trade activities under form of supplying services, that their recruited employees, then transferred to enterprises of another employers to do jobs and are not subject to management or administration of this employer directly or indirectly such as observation with provisions of: working regulation; collective Labor agreement; working hours; rest hours; Labor safety-Labor hygiene; Labor discipline and material liability of the employer during the implementation of their service supply, then it is not required to issue License for implementation of such business activity.
Article 10. Cases of re-issuance or change of the License
1. The licensing enterprise will be re-issued with the License when the License is lost, fired or damaged.
2. The licensing enterprise is entitled to change the License when being re-issued with the Business Registration License due to a change in content of its business registration in case of satisfying sufficient condition involving legal capital prescribed in Article 5 of Decree No.55/2013/ND-CP within 20 working days, after sending the Dossier for request of changing the License to the Ministry of Labor-Invalids and Social Affairs (its Legal Affair Department) enclosed with a document proving sufficient conditions of the legal capital as prescribed in Article 6 of Decree No.55/2013/ND-CP
Article 11. Notification of Licenses
1. Within 10 days, since the date of having issued or extended License, the leasing enterprise must have a notification enclosed with a copy of the License sent to the Department of Labor-Invalids and Social Affairs of province or city where the enterprise located its headquarter and list publicly a copy of the License at the headquarter of the enterprise.
2. Within 30 days, since the date of being issued or changed with the License, the enterprise must post contents of the License on an e-media within 05 consecutive days.
Article 12. Assessment of dossiers for issuance, re-issuance or extension of Licenses
1. The Department of Labor-Invalids and Social Affairs of the province or the city where the enterprise located its headquarter will base on provisions under Decree No.55/2013/ND-CP and Articles 3, 4, 5, 6 and 7 of this Circular as well as other relevant provisions to conduct assessment on the authenticity of the dossier for issuance, re-issuance or extension of the License.
During the assessment process if detect the enterprise declared false or forged contents of the Dossier for request of issuance, re-issuance or extension of the License, the Department of Labor – Invalids and Social Affairs of the province or the centrally-run city where the dossier was received will be responsible for sending a proposal to the Minister of Labor-Invalids and Social Affairs to revoke the License for cases of new issuance, re-issuance or extension within 05 working days, since the date of detecting above-mentioned behavior.
2. In necessary case, the Department of Labor-Invalids and Social Affairs will request the enterprise to report problems pertaining to contents of the Dossier; request relevant state agencies to give their opinions in writing on problems pertaining to contents of the Dossier for request of issuance, re-issuance or extension of the License. The enterprise will be responsible for providing information, materials to serve assessment of the Dossier.
Article 13. Order of withdrawal of operating licenses for labor sublease
1. Department of Labor-Invalids and Social Affairs will be responsible for sending a proposal to the Minister of Labor-Invalids and Social Affairs to withdraw the License of the leasing enterprise when this enterprise falls under one of cases as prescribed in Clause 1, Article 14 of Decree55/2013/ND-CP or this enterprise will not permitted to conduct procedure for new issuance, re-issuance or extension of the License or not be newly issued or extended with the License.
2. Minister of Labor-Invalids and Social Affairs will decide to withdraw the License in accordance with Article 13 of Decree 55/2013/ND-CP concurrently notify the withdrawal of the License to the People’s Committee of the province or the centrally-run city where the enterprise located its headquarter.
3. Within 15 days since the Minister of Labor-Invalids and Social Affairs had the decision on withdrawal of the License, the leasing enterprise have to return the granted License to Ministry of Labor-Invalids and Social Affairs (its Legal Affair Department).
Article 14. Obligations of leasing enterprises when their Licenses withdrawn
1. Within 30 working days, since the date of having the Decision on withdrawal of the License of the Minister of Labor-Invalids and Social Affairs, the leasing enterprise will have to report in writing to the Department of Labor-Invalids and Social Affairs regarding termination of labor sub-leasing activities, including main contents as follows:
a) The labor sub-leasing contract which is still valid;
b) Number of leased employees working for the Labor hiring party;
c) Number of leased employees recruited in valid contracts;
d) Plan for performing obligation of employer in valid contracts.
In case that the enterprise does not conduct labor sub-leasing activities after 6 months, since the date of being issued with the License as prescribed in Point g, Clause 1, Article 14 of Decree No.55/2013/ND-CP then the enterprise will be considered to refund with the amount of deposit without reporting contents as prescribed in Clause 1 of this Article after fulfilling its obligation in accordance with Clause 3 of this Article.
2. Within 20 days, since the date of having the Decision on withdrawal of the License of the Minister of Labor-Invalids and Social Affairs, the leasing enterprise will have to post publicly on an e-media within 07 consecutive days regarding termination of labor sub-leasing activities.
3. After fulfilling obligation with the Government in accordance with provisions under Article 15 of this Circular, obligations towards the leased employees under signed contracts, the leasing enterprise will report in writing to the Department of Labor-Invalids and Social Affairs of the province or the centrally-run city where the leasing enterprise located its headquarter regarding the completion of its obligations, enclosed with materials proving the completion of such obligations.
Department of Labor-Invalids and Social Affairs will consider and send a written proposal to the Minister of Labor-Invalids and Social Affairs to return the amount of deposit to the enterprise in accordance with provisions under Article 19 of Decree No.55/2013/ND-CP
Article 15. Order, procedure for confirmation of legal capital in labor sub-leasing activities
Order and procedure for confirmation of legal capital when setting up the leasing enterprise or supplementing labor sub-leasing trade of the enterprise according to Article 6 of Decree No.55/2013/ND-CP then beside those prescribed Dossiers on business registration procedure, it is required to have a document verifying the capital sent to the state agency that issues business registration certificate to conduct procedure for issuance of the business registration certificate or to supplement the business of labor sublease according to provisions as follows:
1. For newly-established enterprise, then the dossier for confirmation of legal capital will comprise of documents as provided in Clause 2, Article 6 of Decree No.55/2013/ND-CP.
In case that capital is contributed in money, it is required to have a document verified by a licensed commercial bank in Vietnam regarding the amount of deposit of founding members. The amount of deposit must be at least equal to contributed capital in money of founding members and will only be disbursed after the enterprise is issued with its Business Registration Certificate.
2. For the enterprise which is in operation and has demand in supplementing its business of labor sub-leasing activities, then the dossier for confirmation of legal capital must have a document verified by an independent audit organization regarding existing capital under ownership of such enterprise and recorded in the financial statement of the enterprise at the latest time (year of registration or the year preceding the year of registration), ensured greater or equal to the legal capital in accordance with Decree 55/2013/ND-CP (Vietnam Dong 2 billions).
3. Organization and individual that directly verified the legal capital will jointly bear responsibilitiesfor the accuracy and truthfulness of capital at the time of certification.
Article 16. Obligations of the enterprise
The leasing enterprise will have basic obligations as follows:
1. To operate its business activities in compliance with trades recorded in its Business Registration Certificate; to ensure business conditions in accordance with legal provisions when conducting business activities conditional trades.
2. To organize accounting work, prepare and submit financial reports truthfully, accurately and on time in accordance with the law on accounting.
3. To register tax code, declare taxes, pay taxes and perform other financial obligations in accordance with legal provisions.
4. To ensure rights and interests of employees in accordance with labor law; implement social insurance, health insurance and other insurance for employees under legal provisions on insurance.
5. To ensure and take responsibility on quality of goods or services in accordance with standards registered or notified.
6. To perform statistical regime prescribed by law on statistics; report periodically and fully information about the enterprise, the financial situation of the enterprises with competent state agencies in prescribed form; when discover the declared or reported information is inaccurate and incomplete, it is required to promptly amend or supplement such information.
7. To comply with legal provisions on defense, security, social order and security, protection of natural resources, environment, historical monuments, culture and scenic beauty.
8. Other obligations prescribed by law.
Chapter 3.

REPORT REGIME IN LABOR SUBLEASE

Article 17. Report on situation of labor sublease
1. Report on situation of labor sublease is a document that summarizes situation, result of the implementation of labor sub-leasing activities of the leasing enterprise and of relevant state agencies, organizations and units in accordance with legal provisions.
2. The reporting is required to ensure the principle of sufficient, accurate, objective and timely.
3. The reporting of the leasing enterprise will comprise:
a) Periodic reports on 6-month and annual basis in accordance with the prescribed form in Annex I promulgated with this Circular. Report must be sent to the Ministry of Labor-Invalids and Social Affairs (its Legal Affair Department), concurrently sent to the provincial-level People’s Committee (Department of Labor-Invalids and Social Affairs) where the leasing enterprise located its headquarter before June 20 and December 20 every year;
b) Extraordinary reports as requested by the Ministry of Labor-Invalids and Social Affairs or the People’s Committee of provinces or centrally-run cities;
In case that the leasing enterprise falls in one of cases prescribed in Clauses 2, 3 and 4 of Article 18 of this Circular, it is required to send reports to the People’s Committee of the province or the centrally-run cities and other state agencies or units as prescribed by law.
Article 18. Cases of extraordinary reports
The leasing enterprise is responsible for sending extraordinary reports on situation of labor sublease, in cases as follows:
1. At the request of Minister of Labor-Invalids and Social Affairs or Chairman of the People’s Committee of the province or the centrally-run city where the enterprise located its headquarter;
2. Having serious Labor accidents or deadly Labor accidents for leased employees during the process of labor sublease;
3. The leasing enterprise or the hiring party has Labor disputes; strike or the leasing enterprise falls in one of cases as prescribed in Clause 1 of Article 14 of Decree No.55/2013/ND-CP
4. Arising problems which are new, extraordinary, serious, complicated or directly related to legitimate rights and interests of parties in labor sub-leasing activities.
Article 19. Form of reports, way of sending reports
1. Report on situation of labor sub-leasing activities must be shown in writing, with signature and seal of the head of the leasing enterprise and be enclosed with electronic file.
In case that the head of the enterprise authorized for a manager or a person who holds a key position, it is required to sign on the authorization of the head of the enterprise, concurrently enclose with the authorized letter.
2. Report on situation of labor sub-leasing activities will be sent to the receiving places of reports by one of ways as follows:
a) To send via post offices;
b) To send directly.
Article 20. Reports on changes of managers or persons who hold key positions
When there is a change of manager or person who holds a key position in the leasing enterprise as prescribed in Article 9 of Decree No. 55/2013/ND-CP then the leasing enterprise must report to the Department of Labor-Invalids and Social Affairs in writing enclosed with the curriculum vitae of the new person who is tasked to executive leadership of labor sub-leasing activities and documents proving sufficient conditions as prescribed in Article 8 of Decree No. 55/2013/ND-CP
Chapter 4.

IMPLEMENTATION PROVISIONS

Article 21. Obligations of the Ministry of Labor-Invalids and Social Affairs
1. To receive dossier and issue, re-issue or extend operating licenses to enterprises in accordance with legal provisions.
2. To keep dossiers on issuance, re-issuance and extension of licenses for labor sublease.
3. To notify enterprises granted with operating licenses of labor sublease.
Article 22. Obligations of Departments of Labor-Invalids and Social Affairs
1. To organize propagandas and dissemination of Vietnamese labor legislations regarding labor sublease to the labor leasing enterprises, hiring parties and leased employees in localities.
2. To evaluate Dossiers on request of issuance, re-issuance or extension of Licenses of enterprises.
3. To conduct supervision on payments of salary or compensation to leased employees when enterprises conduct their withdrawal of deposits to perform above works.
4. To organize, guide, check and inspect the implementation of legal provisions on labor sublease of enterprises, state agencies, organizations and individuals in the localities;
5. To propose the Minister of Labor-Invalids and Social Affairs withdrawing deposits of leasing enterprises to pay salary or compensate to leased employees.
For case that enterprises are returned with deposits, it is responsible for sending proposals to the Ministry of Labor-Invalids and Social Affairs to allow enterprises to be returned with deposits after completing obligations in compliance with provisions of this Circular and relevant legal documents.
6. To propose the Minister of Labor-Invalids and Social Affairs withdrawing Licenses of leasing enterprises when discovered that those enterprises had acts of violations of legal provisions which are provided for withdrawal of their Licenses.
7. To sum up and report situation of labor sub-leasing activities on their management areas to the Ministry of Labor-Invalids and Social Affairs (its Legal Affair Department) before July 20 and January 20 every year.
Article 23. Effect
This Circular takes effect on March 01, 2014.
Any problems arising in the course of implementation of this Circular, state agencies, organizations or individuals should report timely to the Ministry of Labor-Invalids and Social Affairs for guidance.
 

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