Regulations detail some articles of the Labor Code on employment of foreigners working in Vietnam

18/09/2013
On September 05, the Government has issued Decree No. 102/2013/ND-CP on detailing a number of articles of the Labor Code on employment of foreigners working in Vietnam included procedures for granting labor work permits for foreign citizens working in Vietnam, labor is the expulsion of foreign citizens working without a work permit in Vietnam.

Subject to the application of this Decree include:
Labor is a foreign citizen to work in Vietnam (hereinafter referred to as foreign workers) in which of the following form: Perform labor contracts; Moving within the enterprise perform contracts or agreements on economic, trade, financial, banking, insurance, science and technology, culture, sports, education, vocational training and medical service providers under contract, offering services, NGOs working for foreign governments, international organizations in Vietnam are allowed to operate in accordance with the laws of Vietnam; volunteers, people who are responsible for establishing commercial presence Commerce; managers, executives, professionals, skilled labor and participate in the implementation of packages and projects in Vietnam.

The use of foreign workers, including enterprises operating under the Enterprise Law, Investment Law or the international treaties which the Socialist Republic of Vietnam is a member, the contractor (main contractor, subcontractors) involved foreign or domestic bidding, contract implementation, representative offices and branches of businesses, agencies, organizations and contractors are competent agencies licensed establishment; agency state political organizations, political- social organizations, political- social/professional organizations, social organizations, social - professional organizations, non-governmental, international organization in Vietnam, business organizations established in accordance with law; project offices abroad or international organizations in Vietnam; executive offices of the foreign partner in economic cooperation agreement business in Vietnam; Foreign Law Practicing Organizations in Vietnam in accordance with the law; cooperatives, unions of cooperatives established and operating under the Law on cooperatives; Association, the business association was established in accordance with law; business households and individuals are allowed to operate the business in accordance with law.

According to this Decree, the documents to apply for a work permit from the date of entry into force of this Decree shall have the written approval of the additional use of foreign workers signed by Provincial People's Committee Chairman.
To apply for a work permit under Decree No.102, the unit will have to perform two procedures are procedures permit the use of foreign labor and Applying for work permits.
On the other hand, for those employees not eligible to apply for precision work, the Decree also requires them to carry out the procedures for certificate no subject granting work permits.
This Decree shall take effect from November 01, 2013.