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Certify foreign workers who are not granted working permit

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The order of execution

 

 

Step 1.

- At least 7 working days before the expiry date, the employer must declare the information in the declaration (except for cases stipulated in Clauses 4 and 5, Article 172 of the Labor Code and point f, Clause 2, Article 7 of Decree No. 11/2016 / NĐ-CP).

- Appy the dossier directly at PAA (No.5, Nguyen Trai street, Lien Bao ward, Vinh Yen city, Vinh Phuc province)

- Appy via the internet: At least 05 working days, the employer must declare the information in the declaration (except for the cases specified in Clauses 4 and 5, Article 172 of the Labor Code. and Point f, Clause 2, Article 7 of Decree No. 11/2016 / ND-CP) shall submit dossiers on the electronic information portal.

 

Step 2.

* If apply at PAA: the civil servant receives and checks the file: If the application is complete and valid, write an appointment letter for the payer; if the dossiers are incomplete or invalid, guide the payer to complete as regulated.

* If apply via the internet: the civil servants access the electronic software (address: http://dvc.vieclamvietnam.gov.vn) to receive and check the records. At the same time, the information of the applicant submitting the dossier via the Internet shall be included in the software of PAA:

+ If the dossier is complete and valid, transfer the appointment letter on the software to the payer (included in the software).

+ If the dossier is not enough or invalid, return the dossier (steps included in the software).

Step 3. PAA hands over the dossier or sends via the internet (for the online dossier) to the Labor, Invalids and Social Affairs Service for appraisal.

 Step 4. The Department of Labor, Invalids and Social Affairs shall evaluate, settle and return the results according to the appointment paper.

Step 5. Return results:

* If directly apply at PAA: PAA shall return results to organizations.

* Apply online:

- Upon receiving the results, the organization shall have to show out all original dossiers for the public servant at PAA for inspection, comparison and archival according to regulations (the Labor, Invalids and Social Affairs Department preserves the original dossiers).

- The civil servant shall return the result of the dossier receipt and examination (in accordance with the dossiers submitted via the electronic network already qualified by the specialized agency), check the appointment letter, collect charges and fees,

Implementation method

Directly at PAA (or submit online via the internet).

Composition, number of records

 

 

a / Composition of the dossier:

- A written request for certifying foreign laborers not in the category of granting work permits and the list of quotas for foreign laborers (according to form No. 9 issued together with Circular No. 40/2016 / TT-LĐTBXH 25/10/2016);

- A CV about foreign laborers (according to the form No. 9 of Circular No. 40/2016 / TT-LĐTBXH of 25/10/ 2016);

- 01 color photo (size 3x4 with white background);

- Papers evidencing that foreign workers are not eligible for a working permit (one original or one copy if it is in a foreign language, it is exempt from consular legalization but must be translated into Vietnamese and authenticated in the law of Vietnam), including:

+ Documents of the foreign enterprise appointing the laborer to work at the commercial presence of the enterprise on Vietnamese territory stating the position, job title and working time; 

+ Documents prove that the foreign laborer is an expert complying with the provisions of Clause 2. Article 6 of the Ministry of Labor, Invalids and Social Affairs's guiding Circular No. 40/2016/TT-BLĐTBXH of October 25, implementing a number of articles of Decree No. 11/2016 / NĐ-CP (hereinafter called Circular No. 40/2016/TT-BLĐTBXH for short);

+ A document proves that the foreign worker is a technical worker: a document evidencing or a written certification of the agency, organization or enterprise in foreign country that he or she has received technical or specialized training. Other than a period of at least one year in accordance with the position of the foreign worker who is expected to work in Vietnam, a document proving that he or she has had at least 03 years of working experience in a trained specialty suitable to the position of the foreign worker expected to work in Vietnam;

+ A document proves that the foreign worker has been recruited by a foreign enterprise for at least 12 months before being sent to work at the commercial presence of the foreign enterprise in the territory of Vietnam: of the employer on the recruitment of foreign laborers or the labor contract or the decision on recruitment of foreign workers or the certificate of tax payment or insurance of the foreign worker;

+ A document proves that the commercial presence of foreign enterprises in the territory of Vietnam operating within the eleven service sectors specified in the Appendixes of Circular No. 40/2016 / NĐ-CP: the registration certificate of the enterprise or a paper of equivalent legal validity or a license for the establishment of a representative office or a license for the establishment of a branch issued by a competent Vietnamese authority.

b) Number of dossiers: 01 set.

 

Period of settlement

 

03 working days. In which:

- PAA receives dossiers: 0.5 days;

- Department of Labor, Invalids and Social Affairs: 2.5 days.

Agency of administrative procedure

Department of Labor, Invalids and Social Affairs: for non-industrial enterprises, foreign employers are not enterprises in industrial zones

Management Board of industrial zones: for enterprises in industrial zones

Objects of administrative procedure

 

Employers using foreign labor in Vinh Phuc province include:

- Enterprises operating under the Enterprise Law, the Investment Law or international treaties to which the Socialist Republic of Vietnam is a contracting party;

- Foreign or domestic contractors participating in the contract, performancing the contract;

- Representative offices, branches of enterprises, agencies and organizations established by competent agencies;

- The executive office of the foreign investor in the business co-operation contract or the foreign contractor operating in accordance with the law;

- Law-practicing organizations in Vietnam according to the provisions of law;

- Cooperatives and unions of cooperatives set up and operating under the Cooperative Law;

- Business households and individuals are allowed to conduct business in accordance with the law.

- State agencies in the locality;

- Political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations in localities;

- Non-business organizations defined at Points d, đ, e and f, Clause 1, Article 2 of the Government's Decree No. 55/2012 / NĐ-CP of June 28, 2012, on establishing, reorganizing and dissolutiing public non-business units, including public non-business units under the provincial-level People's Committees; specialized agencies under provincial-level People's Committees; People's Committees of rural districts, urban districts, towns and provincial cities.

 

Result of settling administrative procedure

- The certificate of non-issuance of working permit (according to the Form No. 12 of Circular No. 40/2016 / TT-BLĐTBXH dated on 25/10/2016 of the Ministry of Labor, Invalids and Social Affairs)

- A written reply clearly stating the reasons for refusal (if not certified)

Fee, charge

No

Form, form of declaration

Form No. 09 (Circular No. 40/2016 / TT-BLĐTBXH dated on 25/10/2016 by the Ministry of Labor, Invalids and Social Affairs).

Requirements, conditions for carrying out procedures

 

- The dossier must be submitted at least 7 working days as from the date the foreign laborer starts working for the employer, except for the following cases:

+ Enter into Vietnam for a period of less than 3 months to offer services.

+ Enter into Vietnam with a time limit of less than 3 months to handle complicated technical incidents or situations that affect or threaten to affect the production and business activities of Vietnamese specialists and Foreign experts currently in Vietnam can not handle it.

+ Foreign laborers working in Vietnam to work as experts, managers, executives or technical laborers with less than 30 working days and cumulative time not exceeding 90 days in one year.

- Foreign workers must be in one of the following cases:

+ Being a capital-contributing member or owner of a limited company;

+ Being a member of the board of directors of a joint stock company;

+ Being the head of a representative office or project of an international organization or a non-governmental organization in Vietnam;

+ Enter Vietnam for a period of less than 3 months to offer services;

+ Enter into Vietnam with a time limit of less than 3 months to handle complicated technical incidents or situations that affect or threaten to affect the production and business activities of Vietnamese specialists and Foreign experts currently in Vietnam can not handle;

+ Being a foreign lawyer licensed to practice law in Vietnam in accordance with the Law on Lawyers;

+ Under the provisions of treaties to which the Socialist Republic of Vietnam is a contracting party;

+ Internal transfers within 11 service sectors in the table of service commitments of Vietnam to the World Trade Organization, including: business; information; build; distribution; education; environment; finance; medical; travel; entertainment and transport;

+ Enter into Vietnam to provide professional and technical consultancy services or perform other tasks in service of research, development, appraisal, monitoring, evaluation, management and implementation of programs, projects using official development assistance (ODA) sources as provided for or agreed in international treaties on ODA signed between competent Vietnamese and foreign agencies;

+ Having been granted the permit for information and press activities in Vietnam by the Ministry of Foreign Affairs according to the provisions of law;

+ Being sent by foreign agencies or organizations to Vietnam for teaching or research at international schools under the management of foreign diplomatic missions or international organizations in Vietnam or the Ministry of Education and Training in teaching, researching at educational institutions, training in Vietnam;

+ Volunteer; foreign employee who is a volunteer must be certified by a foreign diplomatic mission or an international organization in Vietnam.

+ Foreign laborers working in Vietnam to work as experts, managers, executives or technical laborers with less than 30 working days and cumulative time not exceeding 90 days in one year.

+ Foreign laborers entering Vietnam to implement international agreements signed by Central State agencies, provincial-level agencies and socio-political organizations at the Central level according to the provisions of law;

+ Pupils and students studying at overseas training institutions and establishments that have practice agreements in agencies, organizations or enterprises in Vietnam;

+ Relatives of members of foreign representative missions in Vietnam who work after being granted permission by the Ministry of Foreign Affairs, unless otherwise provided for by international treaties of which Vietnam is a member;

+ Foreign workers who have official passports to work for Sstate agencies, political organizations or socio-political organizations;

+ Other cases decided by the Prime Minister at the proposal of the Ministry of Labor, Invalids and Social Affairs.

Legal basis of the administrative procedure

 

- Labor Code 2012;

- Decree No. 11/2016 / NĐ-CP dated on 3rd February 2016 of the Government detailing the implementation of a number of articles of the Labor Code on foreign laborers working in Vietnam.

- Circular No. 40/2016 / TT-BLĐTBXH on 25/10/2016 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of Decree No. 11/2016 / NĐ-CP on 03/2/2016 of the Government detailing the implementation of a number of articles of the Labor Code on foreign laborers working in Vietnam.

- Circular No. 32/2014 / TT-BLĐTBXH on 01/12/2014 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of some tasks of State management of labor in industrial parks, export processing zones economic and high tech zones.

- Circular No. 23/2017 / TT-BLĐTBXH on 15/8/2017 of the Ministry of Labor, Invalids and Social Affairs guiding the issuance of working permits to foreign employees working in Vietnam via the Internet.

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8/20/2018

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Content Type: News Item
Created at 8/20/2018 12:05 AM by Do Thi Minh Sao
Last modified at 8/20/2018 12:05 AM by Do Thi Minh Sao