CIRCULAR

GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF DECREE No. 85/1998/ND-CP OF OCTOBER 20, 1998 OF THE GOVERNMENT ON THE RECRUIT-MENT, EMPLOYMENT AND MANAGEMENT OF VIETNAMESE LABORERS WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM

After consulting the related ministries and branches and the Vietnam General Federation of Labor, the Ministry of Labor, War Invalids and Social Affairs provides the following guidance for the implementation of a number of Articles of Decree No. 85/1998/ND-CP of October 20, 1998 of the Government on the recruitment, employment and management of Vietnamese laborers working for foreign organizations and individuals in Vietnam:

I. OBJECTS OF APPLICATION

This Circular applies to Vietnamese laborers and labor supply organizations and foreign organizations and individuals in Vietnam as stipulated in Decree No. 85/1998/ND-CP of October 20, 1998 of the Government on the recruitment, employment and management of Vietnamese laborers working for foreign organizations and individuals in Vietnam.

This Circular shall not apply to Vietnamese officials and public servants working according to the regime of specific assignment to the offices of projects funded by foreign countries or offices of foreign invested projects where Vietnam has a representative as partner.

II. RECRUITMENT, EMPLOYMENT AND MANAGEMENT OF VIETNAMESE LABORERS WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM

1. Vietnamese laborers applying to work for foreign organizations and individuals in Vietnam must make a job application.

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Upon receiving the job application dossier of the laborer, the labor supply organization must enter it into the monitoring book and must hand to the laborer the receipt, in which the following must be clearly recorded: date of reception of the dossier, what the dossier consists of, and the duration of the recruitment. If before the labor supply organization introduces the Vietnamese laborer to work for the foreign organization or individual in Vietnam the laborer asks to recuperate the job application dossier, the labor supply organization must return it to him/her and take back the receipt.

3. Contract on labor supply committed between the labor supply organization on one side and the foreign organization or individual that needs to employ Vietnamese labor on the other.

4. Labor contract:

a/ Labor contract is directly committed between the Vietnamese laborer and the foreign organization or individual in Vietnam through the labor contract printed in two languages, Vietnamese and English, and issued by the Ministry of Labor, War Invalids and Social Affairs according to Decision No. 207/LDTBXH of April 2, 1993 of the Minister of Labor, War Invalids and Social Affairs. The contract is made in two copies equally valid, each party keeping one copy.

In any case, the labor contract must not be contrary to the labor supply contract. The labor contract shall be committed only when the Vietnamese laborer has been briefed on the content of the labor supply contract that has been committed and with the recommendation of the labor supply organization.

b/ Five days at the latest after the commitment of the labor contract, the Vietnamese laborer must remit to the labor supply organization that has introduced him/her a copy (certified true copy) of the labor contract already committed and certified by the labor employer.

5. Regulation on periodical report:

a/ The labor supply organization belonging to the People’s Committee of the province or centrally-run city shall have to report to the Labor, War Invalids and Social Affairs Service on the situation of the recruitment, training and supply of Vietnamese labor to work for the offices of foreign invested projects, branches of foreign companies and representative offices of foreign organizations on economy, trade, finance, banking, insurance, science and technique, culture, education, public health and legal consultancy; and on the foreign individuals working at these organizations and other foreigners allowed by Vietnamese competent authorities to stay in Vietnam. The first half-year report must be sent before July 15 each year and the annual report must be sent before January 15 of the next year.

b/ The labor supply organization belonging to the Ministry for Foreign Affairs shall have to report to the Ministry for Labor, War Invalids and Social Affairs and the Ministry of Foreign Affairs on the situation of recruitment, training and supply of Vietnamese labor to work for diplomatic representative offices, foreign consulates, representative offices of international organizations belonging to the United Nations system, regional and sub-regional organizations; representative offices of foreign news agencies, newspapers, radio and television; representative offices and offices of projects of foreign non-governmental organizations and foreigners working for these organizations. The first half-year reports must be sent before July 15 each year and the annual reports must be sent before January 15 of the next year.

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6. For Vietnamese laborers stipulated in Article 18 of Decree No. 85/1998/ND-CP of October 20, 1998 of the Government, the dossier shall be supplemented and transferred to the labor supply organization belonging to the Ministry of Foreign Affairs if they are working for foreign organizations or individuals mentioned in Clauses 1, 2 and 3 of Article 2 of the said Decree; supplemented and transferred to the labor supply organization of the People’s Committees of the provinces and centrally-run cities where the foreign organizations and individuals have their main offices, if they are working for foreign organizations or individuals mentioned in Clause 4, Article 2 of the above-mentioned Decree.

7. Within 30 days after decision is taken to set up or designate the labor supply organization, the labor supply organization must publish in central or local newspapers for five consecutive issues: the name of the labor supply organization, its location, telephone number, fax number, founding day, starting date of operation and sphere of operation.

A main copy of the Decision to set up or designate the labor supply organization must be sent to the Ministry of Labor, War Invalids and Social Affairs.

III. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect from the day of its signing.

2. This Circular shall be popularized to Vietnamese laborers, labor supply organizations and foreign organizations and individuals in Vietnam.

3. The earlier provisions which are contrary to the provisions in this Circular are now annulled.

In the process of implementation, any difficulty that arises should be reported to the Ministry of Labor, War Invalids and Social Affairs for study and settlement.

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THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS




Nguyen Thi Hang