Minister of Labor - Invalids and Social
------- SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Number: 31 / 2011 / TT-MOLISA Hanoi, November 3, 2011 CIRCULAR GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF DECREE No. 34/2008 / ND-CP DATED 25 JANUARY 3, 2008 OF THE GOVERNMENT AND DECREE NO 46 / 2011 / ND-CP DATED 17 JANUARY 2011 BY THE GOVERNMENT 6 AMENDMENTS AND SUPPLEMENTS TO A NUMBER OF ARTICLES OF DECREE No. 34/2008 / ND-CP DATED 25 JANUARY 3, 2008 GOVERNMENT REGULATIONS ON RECRUITMENT AND MANAGEMENT FOREIGNERS WORKING IN VIETNAM Pursuant to Decree No. 186/2007 / ND-CP of December 25, 2007 of the Government regulating the functions, tasks, powers and organizational structure of the Ministry of Labour - Invalids Invalids and Social Affairs; Pursuant to Decree No. 34/2008 / ND-CP of March 25, 2008 of Government regulations on recruitment and management of foreigners working in Vietnam; Pursuant to Decree No. 46 / 2011 / ND-CP of June 17, 2011 of the Government amending and supplementing a number of articles of Decree No. 34/2008 / ND-CP of March 25, 2008 of Government regulations on recruitment and management foreigners working in Vietnam, the Ministry of Labour - Invalids and Social Affairs guiding the implementation of some articles of Decree No. 34/2008 / ND-CP of March 25, 2008 of Government regulations on recruitment and management of foreigners working in Vietnam and Decree No. 46/2011 / ND-CP of June 17, 2011 of the Government amending and supplementing a number of articles of Decree No. 34/2008 / ND-CP March 25, 2008 of Government regulations on recruitment and management of foreigners working in Vietnam (hereinafter referred to as Decree No. 34/2008 / ND-CP, which was amended and supplemented) as follows: CHAPTER 1. GENERAL PROVISIONS Article 1. Scope and subjects of application scope and subjects of application of this Circular are the scope and subjects of application defined in Article 1 of Decree No. 34 / 2008 / ND-CP, which was amended and supplemented, investors and foreign contractors. Subject to the provisions in points a and l, Clause 2, Article 1 of Decree No. 34/2008 / ND-CP, which was amended and supplemented, perform the following instructions: 1. Enterprises operating under the Enterprise Law and the Investment Law as stipulated in Paragraph 2 of Article 1 of Decree No. 34/2008 / ND-CP, which was amended and supplemented, including: a) The state-owned company under the Law on the 2003 State enterprises today continue to operate under the provisions of Article 166 of the Law on Enterprises November 29, 2005; b) Limited Liability Company, a joint stock company, private enterprise and partnerships have been established under the provisions of the Enterprise Act 1999 now continues to operate under the provisions of Clause 1 of Article 170 of the Law on Enterprises November 29, 2005; c) enterprises invested foreigners have been granted investment licenses under the Law on Foreign Investment in Vietnam, including: - the joint venture enterprise; - enterprises with 100% foreign capital; - JSC with foreign investment was established by Decree No. 38/2003 / ND-CP dated 15/04/2003 of the Government on the conversion of a number of enterprises with foreign investment capital to operate in the form of company shares; - Project Investment in the form of business cooperation contracts already granted investment licenses under the Law on Foreign Investment in Vietnam. 2. Associations, business associations established under the provisions of the law of Vietnam as stipulated in Clause 2, Article 1 point l of Decree No. 34/2008 / ND-CP, which was amended and supplemented, including: a ) The enterprise was established and operates under the provisions of Decree No.45 / 2010 / ND-CP dated 04/21/2010 of the Government providing for the organization, operation and management of associations; b) Association foreign companies established and operating under the provisions of Decree No. 8/1998 / ND-CP dated 22/01/1998 of the Government promulgating the Regulation establishing foreign business associations in Vietnam. Chapter 2. RECRUITMENT AND MANAGEMENT OF FOREIGNERS WORKING IN VIETNAM Article 2. Recruitment of foreigners working in Vietnam in the form of labor contract 1. Registration forms for recruitment of foreigners as stipulated in Paragraph 2 of Article 4 of Decree No. 34/2008 / ND-CP, which was amended and supplemented comply Form 1 attached to Communication hereof. 2. Confirmation of qualification, high technology from abroad as stipulated in Clause 2, Article 4 of Decree No. 34/2008 / ND-CP, which was amended and supplemented the written certification of the expertise and high technology from abroad, including by graduation certificate or a university or college matching job positions that foreigners are expected to undertake. For some occupations , the work is the certification of professional qualifications, high technology from abroad comply with the provisions in Clause 2, Article 4 of Decree No. 34/2008 / ND-CP, which was amended and supplemented . 3. Employers who informed demand Vietnam recruitment job positions expected to recruit foreigners as stipulated in paragraph 4 of Article 4 of Decree No. 34/2008 / ND-CP was fixed change, addition, guidance is as follows: a) Before the recruitment of foreigners for at least thirty (30) days, the employer must notify the labor recruitment demands Vietnam on work placements expected recruitment of foreigners in at least 01 (a) of the central newspapers and at least 01 (a) by a number of local newspapers in the form of print, radio and television or electronic media on the internal Description: number of vacancies, job position, qualifications, salaries and other earnings, working conditions and some other content if the employer requires. Where users Employers have reported at least 02 (two) and 02 of Central Intelligence (two) the local newspaper about the recruitment Vietnam prescribed without qualification, within 36 (thirty six) months since the last notice, the employer may recruit foreigners and not inform labor recruitment demands on central newspaper and a local newspaper. b) Dossiers granted work permits for foreigners are employed in the form of labor contract as stipulated in Article 4 of Decree No. 34/2008 / ND-CP, which was amended and supplemented, and against foreigners were granted work permits as stipulated in Clause 3, Article 9 of Decree No. 34/2008 / ND-CP has been modified, it must be accompanied by additional documents to prove the person the employer has notified the need for recruiting Vietnam workers in job positions expected to recruit foreigners as stipulated in paragraph 3 of this Article. 4. The papers specified at Points b, c and d, Clause 2, Article 4 of Decree No. 34/2008 / ND-CP, which was amended and supplemented, perform the following instructions: The documents specified in the Points b, c and d, Clause 2, Article 4 of Decree No. 34/2008 / ND-CP, which was amended and supplemented by foreign languages must be translated into Vietnam known, notarized or authenticated. The consular legalization of foreign documents is carried out in accordance with the law of Vietnam. 5. Labor contracting as prescribed in Clause 4, Article 4 of Decree No. 34/2008 / ND-CP, which was amended and supplemented, perform the following instructions: Once a foreigner is granted work permit, the employer and alien to labor contracting in writing as stipulated by labor legislation Vietnam before the expected date worked for the employer. Within 05 (five) working days in days from the date of signing the labor contract, the employer shall send a copy of the labor contract already signed and a copy of the work permit has been granted to bodies of work permits granted to foreigners there. The content of the labor contract is not contrary to the contents of a work permit has been granted. Article 3. Foreigners entering Vietnam to perform or project packages of foreign contractors won bids in Vietnam 1. Option employers in the bidding documents, records requested by investors as prescribed in Clause 1 of Article 6a of Decree No. 34/2008 / ND-CP, which was amended and supplemented, follow Form No. 2 attached to this Circular. 2. Foreign contractors report and proposal writing to the Chairman of the People's Committees of provinces and cities directly under the Central Government in accordance with Clause 3, Article 6a of Decree No. 34/2008 / ND-CP was amended and supplemented, perform the following guidelines: Within 30 (thirty) days before the foreign contractors bid package or project was awarded for the foreign contractors have the responsibility to report and proposal
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