14/08/2011 at 5:19 AM ·
PEOPLE’S COMMITTEE OF
BA RIA – VUNG TAU
INDUSTRIAL ZONES’ BOARD OF MANAGEMENT
REPUBLIC SOCIALIST OF VIETNAM
Independence – Freedom – Happiness
Re: Implementation of the Government’s Decree No 46/NĐ-CP ,dated 17/06/2011
Vung Tau, July 29, 2011
ATTN: All businesses and Organizations with employment of foreign labour in Ba Ria – Vung Tau Industrial Zones
For the implementation of Decree No 46/NĐ-CP dated 17/06/2011 of the Government regarding the adjustments and supplements to some articles of the Decree No 34 /NĐ-CP dated 25/03/2008 of the Government regulating the recruitment and management of foreign labour working in Vietnam.
Decree No 46/NĐ-CP dated 17/06/2011 has come into effect since 01/08/2001. In order to implement properly the spirits of the Decree, the Board of Management of Ba Ria Vung Tau’s Industrial Zone is recommended to notice some new contents of the Decree as follows:
– In case of foreign workers recruited under labour contract, the employers shall have to announce, not less than 30 days prior to such recruitment, their demand of recruitment of Vietnamese to job positions anticipated for foreign workers, on at least 01 (one) issue of central newspaper and at least 01 (one) local newspaper in either plain or illustrated or e-news papers stating the quantity, job positions, levels of qualification, salary and other allowances, working conditions and other contents as may required by the employers. Any application for working permits of foreign labour, must include documentation evidencing that an announcement of the demand of recruitment of Vietnamese to such job positions has been made.
– All papers, documents of the application file for working permits in foreign language must be translated into Vietnamese and properly notarized in accordance with regulations of the Vietnamese law.
– For extension of working permits of foreign people recruited under labour contract, apart from documents required by Decree No 34/NĐ-CP, the application file must be supplemented with a copy of the vocational training contract signed between the business with Vietnamese workers who are prepared for the substitution of job positions currently assumed by foreign workers. The time line for the working permit extension requires “at least 10 (ten) days but not more than 30 (thirty) days prior to the expiry of the working permit”
– Re-issuing of working permit: within 03 (three) working days from the first date of a foreign worker’s knowledge of the loss/ deterioration/ change of the number or place on the working permit, the foreign worker must report the incidence to the employer, the Vietnamese partner or the head of non-government organization. The employer, the Vietnamese partner or the head of non-government organization must then advise the Board of Management of Ba Ria Vung Tau’s Industrial Zone, from which the labour permit was issued. Within 30 (thirty) days since the the loss/ deterioration/ change of the number or place on the working permit, the employer, the Vietnamese partner or the head of non-government organization must submit an application for the re-issuing of the concerned working permit.
For foreign person entering Vietnam to implement a tender package, a project of a foreign contractor, the investor, in the process of document preparation for tender invitation, must formulate regulations on employing Vietnamese and foreign labour in accordance with the current law, and in which the priority of using Vietnamese labour for jobs the local people are capable of must be stated. In case a tender package needs foreign labour with qualifications relevant to the tender’s requirements, the documentation regulates that the investor have a scheme to employ foreign labour that includes: job position, quantity, level of qualification, experience and the duration to implement the work.A foreign contractor’s tender application and request document of must include the employment plan for Vietnamese labour according to the investor’s requirements.
In inplementing a contract, the foreign contractor must carry out in accordance with the contents of the tender documentation, proposal scheme of foreign and Vietnamese labour. The foreign contractor is responsible for reporting and making proposal in writing to the president of people’s committee of the centrally-administered province or city (where the foreign contractor is to implement the tender package or granted project) regarding such recruitment of Vietnamese labour
A foreign contractor’s proposal of Vietnamese labour recruitment must be acknowledged by the investor regarding employment scheme as stated in the tender application or proposal document. In case the foreign investor needs to adjust or supplement the labour stated in the tender application or proposal document, that investor must acknowledge scheme of these adjustments or changes of the foreign investor.
The president of people’s committee of a centrally-administered province or city shall give direction to the concerned agency or organization to provide Vietnamese labour to the foreign investor. In the event that beyond a duration of either 60 days for a 500 (or above) Vietnamese workers request, or 30 days for under 500 Vietnamese workers request, that request cannot be fulfilled as needed by the contractor, the president of people’s committee of a centrally-administered province or city shall consider and decide to allow the contractor to recruit foreign labour to the job postions not fillable by Vietnamese workers.
The foreign contractor shall have to follow procedures to request labour permits for foreign workers to labour in Vietnam as stipulated by the law prior to their arrival to Vietnam. Apart from documents required by Decree No 34/NĐ-CP, application for working permits for foreign workers recruited by the contractor upon a successful tender must enclose a registration receipt for labour recruitment candidacy as stipulated by the law and an approval (in writing) of the president of the people’s committee of a centrally-administered province or city.
– Foreigners working in Vietnam, except for persons exempted of working permit according to the law, but not having been granted with working permits, shall have to follow procedures to request labour permits as stipulated by Decree No 34/NĐ-CP and Decree No 46/NĐ-CP. If 6 months after the Decree No 46/NĐ-CP came into effect (01/08/20011), any foreigner found working in Vietnam either without a working permit or not having submitted application for working permit as required shall, at the proposal of the Board of Management of Ba Ria Vung Tau’s Industrial Zone, be subject to being expelled or forced exit by the Police, according to the law.
– Each and every year, the employer shall have to register the recruitment demand and foreign labor employment need in an official writing, stating: quantity, level of qualification, experience, salary and working duration (commencement and termination) for individual job positions to the Board of Management of Ba Ria Vung Tau’s Industrial Zone. In case of a change in the need of foreign labour employment, the employer must make supplementary registration in writing regarding the need of foreign labour employment not less than 30 (thirty) days starting from the employer’s announcement of the need for foreign labour employment.
– Above are the highlighted key points of Decree 46/ND9-CP, for detailed contents of which, the business units with foreign labour are recommended to visit the government’s information portal website:
For all further queries please contact: Labor Management Department of the Board of Management of Ba Ria Vung Tau’s Industrial Zone at: 124 Vo Thi Sau, Thang Tam Ward, Vung Tau City, Telephone No: 064.3522563./.
Head of Depertment
(Signed and sealed)
Le Minh Chau