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Uni 09-09-2013 - guidance on foreign employees working in Vietnam

Issue date: 11/9/2013 | 8:51:02 AM
Decree No. 102/2013/ND-CP dated 05 December 2013 of the Government guiding a number of articles of the Labor Code on foreignemployees working in Vietnam

According to Decree No. 102/2013/ND-CP:

  • Each year, the employer (except contractors) must determine the demand for foreign workers and report to the presidents of the people’s committee of a province, central city where thehead quarter is located. If foreign contractors need to use foreign workers, they shall declare the number and qualifications ... of foreign workers in the bidding documents, prohibits to use foreign workers perform jobs that Vietnam workers have the ability to perform, especially unskilled, untrained workers.
  • Issuance of work permits for foreigners working in Vietnam to meet the following conditions:

- There is a civil capacity, behavior, health in accordance with job requirements , not criminals or criminal prosecution in accordance with the laws of Vietnam and abroad.

- As a manager, CEO, professional or technical employees. For foreign workers who take medical practice, medical treatment or work in the fields of education, vocational training must meet the conditions as prescribed by the law of Vietnam for medical treatment, education, and vocational training .

- Approved in writing by the state agency authorized to use foreign workers .

  • The duration of the work permit is granted shall not exceed 02 years . At least 15 working days from the date of foreign workers is expected to begin work , the employer must file request for a work permit
  • Labor is Expulsion of foreign citizens working in Vietnam without a work permit . Within 15 working days from the date of determination of foreign laborers working in Vietnam without a work permit , the Department of Labour - Invalids and Social Affairs suggested the police deported workers foreign.
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