VN employee management for foreigners

Wednesday, Aug 20, 2014 08:25

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Government Decree No75/2014/ND-CP (28 July 2014) has been issued to regulate the recruitment and management of Vietnamese employees working for foreign organisations and individuals in Viet Nam (foreigners).

Applicable entities

The Decree applies to

(1) Vietnamese employees being Vietnamese citizens at least 18 years-old and having the ability to work and having full civil-act capacity;

(2) Foreign organisations in Viet Nam that are agencies and organisations permitted to operate in Viet Nam including:

(a) Foreign diplomatic and consular missions, and representative offices of international organisations of the United Nations and regional or sub-regional organisations;

(b) Representative offices of foreign news and press agencies and of foreign broadcasting and television organisations;

(c) International organisations, inter foreign government organisations and foreign government organisations;

(d) Foreign non-government organisations granted operational registration certificates;

(e) Representative offices operating for non-profit purposes in Viet Nam of foreign economic, commercial, financial, banking, insurance, scientific-technical, cultural, educational, health, and legal consultancy organisations;

(3) Foreign individuals in Viet Nam working at any of the above organisations or permitted to reside in Viet Nam;

(4) Vietnamese agencies and organisations involved in the recruitment and management of Vietnamese employees working for foreigners.

Recruiting Vietnamese employees to work for foreigners

(1) Any foreigner planning to employ Vietnamese employees must send a written request to the agency authorised to recruit Vietnamese employees working for foreigners. The written request must specify the requirements regarding jobs, number of employees, the requirements on educational, professional and foreign language qualifications, the time-limit for recruitment, and the rights and obligations of the parties during the employment duration and upon termination of each job for which employees need to be recruited.

(2) Within 15 business days from receipt of the foreigner's written request, the authorised agency is responsible for selecting and introducing Vietnamese employees.

(3) Upon expiry of the above time-limit, the authorised agency has not selected and introduced Vietnamese employees to the foreigner; the foreigner is permitted to directly recruit Vietnamese employees.

(4) Within seven business days from signing employment contracts, the foreigner must provide a written notice enclosing copies of employment contracts to the authorised agency.

Responsibilities of Vietnamese employees

(1) To comply with the Vietnamese labour laws;

(2) To fully implement the employment contract;

(3) To fully implement the regulations of the authorised agency introducing them to work for the foreigners.

Responsibilities of foreigners

(1) To comply with the Vietnamese labour laws;

(2) To fully implement recruitment requests and employment contracts;

(3) To provide reports on recruitment and employment to the authorised agency on six-months, annual, and one-off as required.

Responsibilities of authorised agencies

(1) To receive application files from Vietnamese employees and written requests from foreigners;

(2) To select, introduce and manage Vietnamese employees working for foreigners;

(3) To train and upgrade qualifications of Vietnamese employees to satisfy the requirements of foreigners;

(4) To provide reports on recruitment and management of Vietnamese employees working for foreigners on six-months, annual, and one-off as required as follows:

(a) Organisations assigned or authorised by the Ministry of Foreign Affairs (MOFA) to recruit and manage Vietnamese employees report to MOFA;

(b) Employment Services Centers (Centers) established by the Ministry of Labour, War Invalids and Social Affairs (MOLISA) report to DOLISA in the province where the Centres have headquarters;

(c) The Centres established by Provincial People's Committee report to DOLISA;

(5) To carry out other tasks under the laws.

Responsibilities of MOLISA

(1) To exercise State administration of recruitment and management of Vietnamese employees working for foreigners;

(2) To guide, check and inspect implementation of the Decree;

(3) To provide overall reports to Prime Minister on annual and one-off as required.

The Decree takes effect on September 15, 2014, replaces Government Decrees No85/1998/ND-CP (October 20, 1998), No46/1999/ND-CP (July 1, 1999) and No75/1998/ND-CP (October 19, 2001). MAI COUNSEL

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