Chương I Nghị định 11/2016/NĐ-CP quy định chi tiết Bộ luật lao động lao động nước ngoài làm việc tại Việt Nam : Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides detailed regulations for implementation of the Labor Code regarding the issuance of work permits to foreign citizens to work in Vietnam and the expulsion of foreign citizens who are working in Vietnam without the work permits.

Article 2. Regulated entities

1. Workers who are foreign citizens moving to Vietnam for employment (hereinafter referred to as the foreign workers) for the purpose of:

a) Executing the labor contracts; or

b) Complying with the company’s internal reassignments; or

c) Enforcing contracts or agreements on business, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health; or

d) Providing services under contracts; or

dd) Offering services; or

e) Working for foreign non-governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the Vietnam law; or

g) Working as volunteers; or

h) Taking charge of establishing the commercial presence; or

i) Working as managers, chief executive officers, experts, technicians; or

k) Participating in the execution of bid contracts and projects in Vietnam.

2. Employers of foreign workers include:

a) Enterprises operating in accordance with the Enterprise Law, the Investment Law or the International Treaties to which the Socialist Republic of Vietnam is a signatory;

b) Foreign or Vietnamese contractors participating in the bidding or executing contracts;

c) Representative offices, branches of enterprises, agencies or organizations licensed by the competent authorities;

d) State agencies, political organizations, sociopolitical organizations, sociopolitical professional organizations, social organizations or socio-professional organizations;

dd) Foreign non-governmental organizations or international organizations in Vietnam;

e) Public services organizations established in accordance with the law;

g) Offices of foreign projects or international organizations in Vietnam;

h) Executive offices of foreign investors in business cooperation contracts or those of foreign contractors awarded operating licenses by the law;

i) Law-practicing organizations in Vietnam in accordance with the law;

k) Cooperatives and cooperative unions established and operated in accordance with the Law on cooperatives;

l) Business associations or business unions established in accordance with the law;

m) Business households or individuals licensed to do business in accordance with the law.

Article 3. Foreign workers being reassigned in the company, volunteers, experts, managers, chief executive officers and technicians

1. Foreign workers internally reassigned in the company are the managers, chief executive officers, experts and technicians of a foreign enterprise which has established a commercial presence in Vietnam, are temporarily reassigned within the same enterprise to its commercial presence in Vietnam and have been employed by the foreign enterprise for at least 12 months.

2. Volunteers are unpaid foreign workers who voluntarily work in Vietnam to implement the International Treaties to which the Socialist Republic of Vietnam is a signatory.

3. An expert means a foreign worker who:

a) Has a document certifying that he/she is an expert of an overseas agency, organization or enterprise; or

b) Has a bachelor’s degree or equivalent or higher qualifications provided that he/she has worked at least 03 years in his/her training field in corresponding with the job position that he/she shall be appointed in Vietnam and other special cases upon the consideration and decision of the Prime Minister.

4. Managers and chief executive officers are considered as foreign workers, including:   

a) Managers are persons in charge of managing the companies as regulated in Clause 18 Article 4 of the Enterprise Law or heads or vice-heads of agencies or organizations;

b) Chief executive officers are the heads who directly manage subordinate units of agencies, organizations or enterprises.

5. Technicians are workers who had undergone training in technique or other majors for at least 01 year and have worked for at least 03 years in their training fields.