GOVERNMENT

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No. 70/2023/ND-CP

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness

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Hanoi, September 18, 2023

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020 regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam

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Pursuant to the Law on Government Organization dated June 19, 2015; Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Organization of Local Government dated November 22, 2019;

Pursuant to the Labor Code dated November 20, 2019;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Enterprise Law dated June 17, 2020;

At the proposal of the Minister of Labor, War Invalids and Social Affairs;

The Government promulgates a Decree amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020 regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for organizations,  foreign individuals in Vietnam.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020 regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam

1. To amend and supplement a number of points and clauses of Article 3 as follows:

a/ To amend and supplement Point a, Clause 3, Article 3 as follows:

“a) University degree or higher or equivalent and at least 3 years of work experience suitable to the job position that the foreign worker intends to work in Vietnam.”.

b/ To amend and supplement Clause 5, Article 3 as follows:

“5. An executive director is a person who falls into one of the following cases:

a) The head of the branch, representative office or business location of the enterprise.

b) The head and directly administers at least one field of the agency, organization or enterprise and is under the direct direction and administration of the head of the agency, organization or enterprise.”.

c/ To amend and supplement Point a, Clause 6, Article 3 as follows:

“a) Be trained for at least 1 year and have at least 3 years of experience suitable to the job position that the foreign worker intends to work in Vietnam.”.

2. Article 4 is amended and supplemented as follows:

“Article 4. Employing foreign workers

1. Determine the need to employ foreign workers

a) At least 15 days before the expected date of employment of foreign workers, the employer (except the contractor) shall determine the demand for foreign workers for each job position that the Vietnamese employee has not yet met and report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor. War Invalids and Social Affairs where the foreign worker plans to work according to Form No. 01/PLI Annex I promulgated together with this Decree.

In the course of implementation, if the demand for employing foreign workers changes in terms of position, job title, working form, number and location, the employer must report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs according to Form No. 02/PLI Annex I promulgated together with this Decree in advance at least 15 days from the expected date of employment of foreign workers.

b) In the case of foreign workers specified in Clauses 3, 4, 5, 6 and 8, Article 154 of the Labor Code and Clauses 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13 and 14, Article 7 of this Decree, the employer is not required to determine the need to employ foreign workers.

c) From January 1, 2024, the announcement of recruitment of Vietnamese workers to positions expected to recruit foreign workers shall be made on the Portal of the Ministry of Labor, War Invalids and Social Affairs (Employment Department) or the Portal of the Employment Service Center by the Chairman of the provincial People’s Committee, centrally-run cities shall decide to establish themselves within at least 15 days from the expected date of reporting to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work. The content of the recruitment announcement includes: position and job title, job description, number, qualification requirements, experience, salary, time and location of work. After failing to recruit Vietnamese workers to positions recruiting foreign workers, the employer shall determine the need to employ foreign workers as prescribed at Point a, Clause 1 of this Article.

2. The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall approve or disapprove the employment of foreign workers for each job position according to Form No. 03/PLI Appendix I promulgated together with this Decree within 10 working days from the date of receipt of the explanatory report; or report explaining changes in demand for foreign workers.”.

3. Clause 3 of Article 6 is supplemented as follows:

“3. In case a foreign worker works for an employer in many provinces or centrally-run cities, within 3 working days from the date the foreign worker starts working, the employer must report electronically to the Ministry of Labor, War Invalids and Social Affairs and the Department of Labor, War Invalids and Social Affairs the association where the foreign worker comes to work according to Form No. 17/PLI Annex I promulgated together with this Decree.”.

4. To amend and supplement a number of clauses of Article 7 as follows:

a/ To amend and supplement Clause 6 of Article 7 as follows:

“6. Being sent to Vietnam by a competent foreign agency or organization to teach or act as a manager or executive director at an educational institution proposed by a foreign diplomatic mission or intergovernmental organization to establish in Vietnam; establishments and organizations established under international treaties to which Vietnam has signed and acceded.”

b/ To amend and supplement Clause 14, Article 7 as follows:

“14. To be certified by the Ministry of Education and Training of foreign workers to enter Vietnam to perform the following jobs:

a/ Teaching and research;

b/ To act as managers, managing directors, principals and vice principals of educational institutions proposed to be established in Vietnam by foreign diplomatic missions or intergovernmental organizations.”.

5. To amend and supplement a number of points and clauses of Article 9 as follows:

a/ To amend and supplement Clause 1, Article 9 as follows:

“1. A written application for a work permit by the employer according to Form No. 11/PLI Appendix I promulgated together with this Decree. In case a foreign worker works for one employer at more than one location, the written application for a work permit must list all working locations.”

b/ To amend and supplement Points a and b, Clause 4, Article 9 as follows:

“a) Documents proving that the manager or executive director as prescribed in Clauses 4 and 5, Article 3 of this Decree include the following 3 types of papers:

– The company’s charter or operation regulations of agencies, organizations or enterprises;

– Certificate of enterprise registration or certificate of establishment or establishment decision or other document of equivalent legal validity;

– Resolutions or decisions on appointment of agencies, organizations or enterprises.

b) Papers proving technical experts and laborers as prescribed in Clauses 3 and 6, Article 3 of this Decree include the following 2 types of papers:

– Diplomas or certificates or certificates;

– Written certification of the overseas agency, organization or enterprise on the number of years of experience of experts, technical workers or work permits that have been granted or confirmed not to be eligible for the granted work permit.”.

c/ To amend and supplement the name of Clause 8, Article 9 as follows:

“8. Documents related to foreign workers, except for the case of foreign workers specified at Point a, Clause 1, Article 2 of this Decree.”.

d/ To amend and supplement Point e, Clause 8, Article 9 as follows:

“e) For foreign workers working as prescribed at Point i, Clause 1, Article 2 of this Decree, there must be a document from the foreign agency, organization or enterprise sending the foreign worker to work in Vietnam and suitable to the expected job position or documents proving that they are managers as prescribed in Clause 4 Article 3 of this Decree.”.

đ) Point c, Clause 9, Article 9 is supplemented as follows:

“c) For foreign workers who are experts or technical workers who have been granted a work permit and have been extended once but wish to continue working with the same job position and job title stated in the work permit, the dossier of application for a new work permit shall include the documents specified in Clause 1,  2, 5, 6, 7, 8 of this Article and a copy of the work permit issued.”.

6. Clause 2 of Article 11 is amended and supplemented as follows:

“2. Within 05 working days after receiving a complete application for a work permit, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker intends to work shall issue a work permit to the foreign worker according to Form No. 12/PLI Appendix I promulgated together with the Decree this determination. In case of refusal to issue a work permit, a written reply clearly stating the reason shall be given.

The work permit is A4 size (21 cm x 29.7 cm), consisting of 2 pages: page 1 is blue; Page 2 has a white background, blue pattern, in the middle in the shape of a star. Work permits are coded as follows: codes of provinces and centrally-run cities and codes of the Ministry of Labor, War Invalids and Social Affairs according to Form No. 16/PLI Appendix I promulgated together with this Decree; last 2 digits of the year of issuance of the license; type of license (new symbol 1; renewal of symbol 2; re-issuance of symbol 3); sequence number (from 000.001).

In case the work permit is electronic, it must comply with relevant laws and meet the contents according to Form No. 12/PLI Annex I promulgated together with this Decree.”.

7. Clause 3 of Article 12 is amended and supplemented as follows:

“3. Change one of the following contents: full name, nationality, passport number, working location, change of enterprise name without changing the enterprise code stated in the valid work permit.”.

8. Clause 7 of Article 17 is amended and supplemented as follows:

“One of the documents specified in Clause 8, Article 9 of this Decree proves that the foreign worker continues to work for the employer according to the content of the granted work permit, unless the foreign worker works as prescribed at Point a, Clause 1, Article 2 of this Decree.”.

9. Point b, Clause 1, Article 22 is amended and supplemented as follows:

“b) Organizations that are decentralized, delegated, assigned, ordered or tendered by provincial-level People’s Committees.”.

10. Point b, Clause 4, Article 27 is amended and supplemented as follows:

“b) Organizations that are decentralized, authorized, assigned, ordered or bid by provincial-level People’s Committees to recruit and manage Vietnamese laborers working for foreign organizations and individuals shall report to the Department of Labor, War Invalids and Social Affairs.”.

11. To amend and supplement a number of points and clauses of Article 30 as follows:

a/ To amend and supplement Point a, Clause 1, Article 30 as follows:

“a) Implement the approval of the demand for employing foreign workers; confirmation of not being eligible for a work permit; issuance, re-issuance, extension and revocation of work permits for foreign workers in one of the following cases:

Working for the employer specified at Point g, Clause 2, Article 2 and the employer specified at Points c, d, e, Clause 2, Article 2 of this Decree are permitted by the Government, the Prime Minister, ministries, ministerial-level agencies and agencies attached to the Government;

Working for an employer in many provinces and centrally-run cities.”.

b/ To amend and supplement Point c, Clause 1, Article 30 as follows:

“c) Perform the unified state management of recruitment and management of foreign workers working in Vietnam from central to local levels and manage Vietnamese working for foreign organizations and individuals in Vietnam.”.

c/ To amend and supplement Clause 3, Article 30 as follows:

“3. Responsibilities of the Ministry of Defence:

a/ To coordinate with competent agencies in charge of foreign workers and Vietnamese laborers working for foreign organizations and individuals in Vietnam in complying with the provisions of law on ensuring security and order in strategic areas,  key and weak areas for national defense.

b/ To direct the Border Guards to coordinate with functional forces in managing and inspecting Vietnamese laborers working for foreign organizations and individuals in Vietnam and foreign workers working in border areas, border gates, islands and maritime areas in order to firmly protect territorial sovereignty,  security, national borders of the Fatherland.”

d/ To amend and supplement Point a, Clause 4, Article 30 as follows:

“a) Monthly provide information on foreign workers granted visas with symbols including: DN1, DN2, LV1, LV2, LĐ1, LĐ2, DT1, DT2, DT3, DT4 to work for agencies, organizations and enterprises to the Ministry of Labor, War Invalids and Social Affairs;”.

dd) To amend and supplement Point a, Clause 6, Article 30 as follows:

“a) Implement the approval of the demand for employing foreign workers; confirmation of not being eligible for a work permit; issuance, re-issuance, extension and revocation of work permits for foreign workers in one of the following cases:

Working for the employer specified at Points a, b, h, i, k, l, Clause 2, Article 2 and the agencies and organizations specified at Points c, d, e, Clause 2, Article 2 of this Decree by provincial-level People’s Committees, specialized agencies affiliated to provincial-level People’s Committees,  District-level People’s Committees shall be established;

Working for employers at multiple locations in the same province or centrally-run city.”.

12. To amend and supplement a number of templates as follows:

a) Amending Form No. 01/PLI; Form No. 02/PLI; Form No. 07/PLI; Form No. 08/PLI Annex I promulgated together with Decree No. 152/2020/ND-CP into Form No. 01/PLI; Form No. 02/PLI; Form No. 07/PLI; Form No. 08/PLI Appendix promulgated together with this Decree;

b) Add Form No. 16/PLI and Form No. 17/PL1 to Appendix I promulgated together with Decree No. 152/2020/ND-CP.

13. Substituting or supplementing a number of words and phrases at the following points, clauses, articles and appendices:

a) To replace the phrase “Chairman of the provincial-level People’s Committee” in Clause 1, Article 5 with the phrase “Department of Labor, War Invalids and Social Affairs”; Replace the phrase “The Chairman of the People’s Committee of the province shall direct” with the phrase “proposed by the Department of Labor, War Invalids and Social Affairs” in Clause 2, Article 5;

b) To replace the phrase “Clauses 4, 6 and 8 of Article 154″ with the phrase “Clauses 4 and 6 of Article 154″ and the phrase “3 days” with the phrase “3 working days” in Clause 2, Article 8;

c) Replace the phrase “translated into Vietnamese and certified” with the phrase “translated into Vietnamese and notarized or authenticated” at Point e, Clause 3, Article 8;

d) Replace the phrase “translated into Vietnamese and authenticated” with the phrase “translated into Vietnamese and notarized or authenticated” in Clause 10, Article 9 and Clause 4, Article 23;

dd) Replace the phrase “Papers specified in Clauses 3 and 4 of this Article” with the phrase “Papers specified in Clause 3 of this Article” in Clause 5, Article 13;

e) Replace the phrase “translated into Vietnamese” with the phrase “translated into Vietnamese and notarized or authenticated” in Clause 5, Article 13 and Clause 8, Article 17;

g) Replace the phrase “Certified copy of passport” with the phrase “Certified copy of passport or copy of passport certified by the employer” at Point d, Clause 3, Article 8; Clause 7 of Article 9 and Clause 5 of Article 17;

h) Replace the phrase “20. Salary:….VND” with the phrase “20. Average salary / month: …. million VND” in Form No. 11/PLI Appendix I promulgated together with Decree No. 152/2020/ND-CP;

i) Replace the phrase “People’s Committee of the province/city….” with the phrase “Department of Labor, War Invalids and Social Affairs…” in Form No. 03/PLI Appendix I promulgated together with Decree No. 152/2020/ND-CP;

k) Replace the phrase “Director/Chairman of the provincial People’s Committee” with the phrase “Director/Director”, the phrase “At the request in the digital document” to the phrase “At the request and the contents of information provided in the digital document” in Form No. 03/PLI Appendix I promulgated together with Decree No. 152/2020/ND-CP;

l) Replace the phrase “Chairman of the People’s Committee of the province/city…” with the phrase “Department of Labor, War Invalids and Social Affairs….” in Form No. 04/PLI, Form No. 05/PLI, Form No. 06/PLI Annex I promulgated together with Decree No. 152/2020/ND-CP;

m) Replace the phrase “TM. People’s Committee of the province, city …/Chairman” with the phrase “Director” in Form No. 06/PLI Appendix I promulgated together with Decree No. 152/2020/ND-CP.

n) Add the phrase “(Enterprise/organization) please assure that the above information is true. If wrong, (enterprise/organization) please take full responsibility before the law” after Section 24 of Form No. 09/PLI Annex I issued together with Decree No. 152/2020/ND-CP.

o) Add the phrase “Immigration Department (Ministry of Public Security)” in the section “Recipient” Form No. 13/PLI Appendix I promulgated together with Decree No. 152/2020/ND-CP.

14. The following points and clauses are repealed:

a/ To annul Clause 4, Article 13;

b/ To annul Points c, d and dd, Clause 5 and g, Clause 6, Article 30;

c/ Abolition of Point a, Clause 6a, Article 30 of the Government’s amended Decree No. 152/2020/ND-CP dated December 30, 2020 regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam, supplemented in the Government’s Decree No. 35/2022/ND-CP dated May 28, 5, 2022 regulating the management of industrial parks and economic zones.

Article 2. Abolition of a number of provisions of the Government’s Decree No. 35/2022/ND-CP dated May 28, 5, 2022 regulating the management of industrial parks and economic zones

1. To annul the opening paragraph “Issuance, re-issuance, extension and revocation of work permits and certification of foreign workers not eligible for work permits for foreigners working in industrial parks or economic zones” and the phrase “receipt of reports on the employment of foreign workers” at Point dd, Clause 2, Article 68.

2. To abolish the paragraph “receiving explanatory reports of enterprises in industrial parks or economic zones on the demand for employing foreigners for each job position that Vietnamese have not yet met” at Point c, Clause 3, Article 68.

Article 3. Enforcement Terms

1. This Decree takes effect from September 18, 2023.

2. Transitional Terms:

For the report explaining the need to employ foreign workers, the dossier of request for confirmation is not eligible for work permit issuance; granting, re-issuing and extending work permits submitted by foreign employers to the Ministry of Labor, War Invalids and Social Affairs, provincial-level People’s Committees, Departments of Labor, War Invalids and Social Affairs, Management Boards of industrial parks, economic zones and hi-tech parks before the effective date of this Decree, shall apply according to the provisions of Decree No. 152/2020/ND-CP dated December 30, 12 of the Government regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam and Decree No. 35/2022/ND-CP dated May 28, 5 of the Government regulating the management of industrial parks and economic zones.

1. Labor Code No. 10/2012/QH13 dated 18 June 2012 taking effect effective date from 1 May 2013 (the “New Labor Code”).
2. Decree No. 102/2013/ND-CP dated September 5, 2013 – New Decree on foreigners working in Vietnam

The cases in which the foreign worker is exempt from applying for the work permit

1. As contributing member, or owners of limited liability company

2. As a member of the Board of Directors of the Joint Stock Company

3. As a Head of Representative Office, project of international organization, non-governmental organization in Vietnam.

4. Coming to Vietnam with a period of less than 03 months to offer services

5. Coming to Vietnam with a period of less than 03 months to handle the problem, technical situation and complex technology arising that affect or threaten to affect the production and business that the Vietnamese and foreign experts currently in Vietnam cannot be handled.

6. As a foreign lawyer who has been licensed to practice law in Vietnam under the Law on Lawyers.

7. Under the provisions of international agreement in which the Socialist Republic of Vietnam is a member

8. As students who are studying and working in Vietnam, but the employer must give a notice 07 days in advance to the provincial state management agency on labor

9. Other cases in which the work permit is not issued:

a) The workers that are reassigned within the enterprises engaged in within 11 service industries in the commitment on services between Vietnam and WTO, including: business, communication, construction, distribution, education, environment, finance, health, tourism, entertainment, and transportation;

The Ministry of Industry and Trade shall provide guidance on the basis and procedure for identifying reassigned foreign workers within 11 aforesaid service industries.

b) The workers enter Vietnam to technical advisory services or perform other tasks serving the research, development, appraisal, assessment, management, and execution of programs and projects funded by ODA according to the International Agreements on ODA between competent authorities of Vietnam and other countries;

c) The workers are issued with the license for the practice of journalism in Vietnam by the Ministry of Foreign Affairs;

d) The workers are teachers of foreign organizations that are sent to Vietnam by such organizations to teach in international schools under the management of foreign diplomatic missions or international organizations in Vietnam;

e) The workers are volunteers;

The workers are teachers of foreign organizations and The workers are volunteers must obtain the certification of the foreign diplomatic missions or international organizations in Vietnam.

f) The workers hold master’s degrees or higher and provide consultancy, teach or conduct scientific research at institutions of higher education or vocational colleges within 30 days;

The institutions of higher education or vocational colleges must make a written certification of the consultancy, teaching, and scientific research of the foreign workers.

g) The foreign workers enter Vietnam to implement international agreements to which central state agencies, local state agencies, and central socio-political organizations are signatories.

The central state agencies, local state agencies, and central socio-political organizations are signatories shall send written notifications to the agency authorized to issue work permits of the foreign workers’ entering Vietnam to implement the international agreements to which they are signatories.

h) Other cases decided by the Prime Minister at the request of the Minister of Labor, War Invalids and Social Affairs.

For those cases not belonging to aforementioned circumstances, please feel free to contact Vietnam-legal.com to get more information about Work Permit and Procedures to apply for Vietnam Work Permit:

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Website: Vietnam-legal.com

CIRCULAR

STIPULATING FOUNDATIONS, PROCEDURES TO DEFINE FOREIGN LABOURERS’ INTERNAL MOVEMENT IN ENTERPRISES OPERATING IN 11 SERVICE SECTORS SPECIFIED IN VIETNAM’S COMMITEMENT SCHEDULE TO WORLD TRADE ORGANIZATION NOT SUBJECT TO LABOUR LICENSING

Pursuant to Government’s Decree No. 95/2012/NĐ-CP dated November 12th stipulating function, task, power and organization structure of Ministry of Industry and Trade;

Pursuant to Government’s Decree No. 95/2012/NĐ-CP dated September 5th, 2013 stipulating implementation provisions of Labor Code on foreign workers in Vietnam;

Having considered recommendation of General Director of Planning Department,

Minister of Industry and Trade promulgates Circular stipulating foundations, procedures to define foreign laborers’ internal movement in enterprises operating in 11 service sectors specified in Vietnam’s commitment schedule to World Trade Organization not subject to labor licensing as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular stipulates foundations, procedures to define foreign laborers’ internal movement in the enterprises operating in 11 service sectors specified in Vietnam’s commitment schedule to World Trade Organization (hereinafter referred to as WTO) not subject to labor licensing.

Article 2. Subjects of application

This Circular is applicable to foreign laborers moving internally in enterprises, foreign employers and relevant organizations, individuals.

Article 3. Commercial presence

Commercial presence specified in Clause 1, Article 3, Government’s Decree No. 102/2013/ NĐ-CP dated September 5th, 2013 providing implementation provisions of Labor Code on foreign workers in Vietnam (hereinafter referred to as Decree No. 102/2013/ NĐ-CP) includes the followings:

1. a) Business cooperation contract;
2. b) Joint-venture enterprise, 100% foreign-capital enterprises; c) Representative office, branch of foreign enterprises.

Chapter II

FOUNDATIONS, PROCEDURES TO DEFINE FOREIGN LABOURERS’ INTERNAL MOVEMENT IN ENTERPRISES OPERATING IN 11 SERVICE SECTORS SPECIFIED IN VIETNAM’S COMMITMENT SCHEDULE TO WORLD TRADE ORGANIZATION

Article 4. Foundations to define foreign laborers’ internal movement in enterprises operating in 11 service sectors specified in Vietnam’s commitment schedule to WTO not subject to labor licensing

1. Foundations to define internal movement of foreign laborers as managers, CEOs, experts in enterprises operating in 11 service sectors specified in Vietnam’s commitment schedule to WTO not subject to labor licensing in accordance to Point a, Clause 2, Article 7, Decree No. 102/2013/NĐ-CP include:

a) Foreign enterprises established commercial presence in territory of Vietnam;

b) Foreign enterprises’ commercial presence in territory of Vietnam operates in 11 service sectors listed in Annex I attached to this Circular;

c) Vietnamese workers employed by foreign enterprise for at least 12 months prior being assigned to Vietnam for working at foreign enterprise’s commercial presence in territory of Vietnam.

2. Foundations to define internal movement of foreign laborers as technicians in enterprises operating in 11 service sectors specified in Vietnam’s commitment schedule to WTO not subject to labor licensing in accordance to Point a, Clause 2, Article 7, Decree No. 102/2013/NĐ-CP include:

a) Foreign enterprises established commercial presence in territory of Vietnam;

b) Foreign enterprises’ commercial presence in territory of Vietnam operating in 11 service sectors listed in Annex II attached to this Circular;

c) Vietnamese workers employed by foreign enterprise for at least 12 months prior being assigned to Vietnam for working at such foreign enterprise’s commercial presence in territory of Vietnam.

Article 5. Procedures to define foreign laborers’ internal movement in enterprises operating in 11 service sectors specified in Vietnam’s commitment schedule to WTO

1. Documents on proving foreign laborers’ internal movement in enterprises operating in 11 service sectors specified in Annexes I and II attached to this Circular not subject to labor licensing in accordance to Point c, Clause 3, Article 8, Decree No. 102/2013/NĐ-CP include:

a) Foreign enterprise’s document on staff assignment to work at such foreign enterprise’s commercial presence in territory of Vietnam clearly states working term;

b) Written certification on the titles such as manager, CEO, expert, or technician as specified in Clause 4, Article 10, Decree No. 102/2013/NĐ-CP and Clause 3, Article 5, Circular No. 03/2014/TT-BLĐTBXH dated January 20th, 2014 of Ministry of Labor, Invalid and Social Welfares providing implementation guidance on provisions of Decree No. 102/2013/NĐ-CP (hereinafter referred to as Circular No. 03/2014/TT-BLĐTBXH);

c) Documents proving foreign worker’s employment by foreign enterprise for at least 12 months prior being assigned to work at enterprise’s commercial presence in territory of Vietnam in accordance to Clause 5, Article 5, Circular No. 03/2014/TT-BLĐTBXH.

Documents specified in Points a, b, and c of this Article shall be one (01) original or one (01) copy, if being written in foreign languages, such documents must be translated into Vietnamese and notarized, without legalization, in accordance to the legal regulations;

d) Documents proving commercial presence of foreign enterprise operating in 11 service sectors in territory of Vietnam as specified in Annex I attached to this Circular shall be either one of the followings: Investment license, Investment certificate, Business registration certificate, Enterprise registration certificate, Representative office and branch establishment license issued by competent authority in accordance to legal regulations (one (01) certified copy).

2. Foreign workers internally moving in enterprise operating in 11 service sectors specified in Vietnam’s Commitment Schedule to WTO shall follow certifying procedures on not subjected to labor licensing as specified in Article 11 Circular No. 03/2014/TT-BLĐTBXH.

3. In case that Department of Labor, Invalid, and Social Welfares finds any difficulties in defining internal moving of foreign workers in enterprise operating in 11 service sectors as specified in Annexes I and II attached to this Circular not being subjected to labor licensing, Department of Labor, Invalid, and Social Welfares shall make request in Form No. 1 in Annex III attached to this Circular to Ministry of Industry and Trade for the answer (one (01) original request with documents as specified in clause 1 of this Article (one (01) copy)).

Within three (03) working days from the date of request receiving from Department of Labor, Invalid, Social Welfare, Ministry of Industry and Trade shall have reply clearly defining operation of foreign enterprise’s commercial presence in territory of Vietnam included in 11 service sectors as specified in Annexes I and II attached to this Circular or not.

4. In case of contrary opinions between employer and Department of Labor, Invalid, Social Welfares on defining internal moving of workers in foreign enterprise operating in 11 service sectors as specified in Annexes I and II attached to this Circular, employer shall make request in Form No. 2 in Annex III attached to this Circular to Ministry of Industry and Trade for answer (one (01) copy) and answering letter of Department of Labor, Invalid, and Social Welfares to employer (one (01) copy).

Within five (05) working days from the date of request receiving submitted by employer, Ministry of Industry and Trade shall have answer in writing to Department of Labor, Invalid, and Social Welfares with copy to employer clearly defining operation of foreign enterprise’s commercial presence in territory of Vietnam included in 11 service sectors as specified in Annexes I and II attached to this Circular or not.

Based on answering document of Ministry of Industry and Trade, Department of Labor, Invalid, and Social Welfares shall be responsible to re- examine defining foreign workers not being subjected to labor licensing.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 6. Implementation responsibility

1. Planning Department – Ministry of Industry and Trade as contact point assumes responsibility on solving issues related to defining foreign worker’s internal moving in foreign enterprise operating in 11 service sectors in Vietnam’s Commitment Schedule to WTO as specified in Annexes 1 and 2 attached to this Circular.

2. Department of Labor, Invalid, and Social Welfares assumes responsibility in defining foreign worker’s internal moving in foreign enterprise operating in 11 service sectors in Vietnam’s Commitment Schedule to WTO not being subjected to labor licensing as specified in this Circular.

3. During implementation, involving organization, agencies, and individuals finding any difficulty, obstacle, or query shall reflect to Ministry of Industry and Trade for timely guidance and amendment.

Article 7. Reporting regime

Periodically for every 6 months, prior January 15th and July 15th of each year, Department of Labor, Invalid, and Social Welfares shall make report on foreign laborers working in foreign enterprises and organizations in locality to Ministry of Industry and Trade in accordance to Point c, Clause 7, Article 13, Circular No. 03/2014/TT-BLĐTBXH including report on foreign workers’ internal moving not subjected to labor licensing in blanks (20 and 21).

Article 18. Enforcement

This Circular comes into force on December 22nd, 2014./.

P.O. MINISTER

DEPUTY MINISTER

Signed and stamped

Do Thang Hai