Management of foreign workers in Vietnam tightened
With a view to improve management of foreign workers in Vietnam, the Ministry of Labor, War Invalids and Social Affairs has issued a circular implementing close regulations related to recruitment and employment of foreigners in Vietnam.
The document, Circular 03/2014, has recently been issued to guide the implementation of Decree 102/2013 of the Government that focuses on some articles of the labor code on foreign workers in Vietnam.
Under the circular, which will take effect on March 10, 2014, at least 30 days before recruiting foreigners, employers (not including contractors) must submit a plan for recruitment of foreign workers to the local departments of labor, war invalids and social affairs, where the employers’ head offices are situated.
Such a plan is required to show the demand for foreign workers, the number of foreigners to be recruited, their titles, their qualifications including work experience, expected salary rates, and periods of employment – this period must not exceed 2 years.
Employers who want to change their recruitment plan for foreign workers who have been approved by the above departments must submit an additional plan to these agencies at least 30 days before the expected date of the new recruitment that is aimed at increasing the existing number of foreigners or replacing existing foreign workers with new ones.
After receiving a plan of recruitment or additional plans of recruitment from an employer, a local department of labor, war invalids and social affairs must reply to the employer within 15 days about whether the plan or part of which is approved or is rejected.
In case the contractor of a project wants to adjust or increase the number of foreign workers that have been specified in their bids, then the project’s investor must certify their approval of the contractor’ s plan for such an adjustment or increase.
After that the contractor must apply for such adjustment or increase in accordance with Item 2, Article 5 of the Decree.
Criminal record
Under the circular, if the foreign workers once resided in Vietnam, they are required to obtain a criminal record granted by the National Criminal Record Center.
If they are staying in Vietnam, they must have a criminal record issued by the justice department of a centrally-run city or province and a document certifying they are not an offender or are being subjected to consideration for criminal responsibility issued by an authorized agency of their countries.
If the foreign workers have yet resided in Vietnam, they must obtain the same as above issued by an authorized agency of their countries.
Regulations on foreign managers
Foreigners who are to be recruited as a manager or a managing director must obtain the papers that prove that they have worked at such titles.
Such papers may be a work permit, a labor contract, a certificate or a decision of appointment of their positions of the past, Such certificates or decisions must be issued by the companies where they once worked.
As for experts, they need to have one of the two following kind of papers.
The first kind of paper is a document proving them to have qualifications as at least an engineer or a bachelor or the equivalent and have at least 5 years experience in the field that they are expected to work in for an employer in Vietnam.
The second is a document issued by an authorized agency or a company in their countries to certify them as an expert.
As for technical workers, they need to have the following papers: a document or certificate proving they have been trained in a technique for at least one year; a document or certificate proving they have at least three years experience in the same field that they are expected to work in for an employer in Vietnam.
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