Chương III Nghị định 11/2016/NĐ-CP quy định chi tiết Bộ luật lao động lao động nước ngoài làm việc tại Việt Nam : Điều khoản thi hành

Chapter III

IMPLEMENTATION

Article 19. Effect

1. This Decree takes effect from April 01, 2016.

2. The Government's Decree No. No. 102/2013/ND-CP dated September 05, 2013 on detailed regulations on implementing a number of articles of the Labor Code regarding foreign workers working in Vietnam; Point a Section 4 of the Government’s Resolution No. 47/NQ-CP dated July 08, 2014 shall be annulled from the effective date of this Decree.

3. Transitional provision

a) The following documents: written approvals on the employment of the foreign workers, certificates of eligibility for exemption from the work permit and the work permits issued in accordance with the Government's Decree No. 102/2013/ND-CP dated September 05, 2013 on detailed regulations on implementing a number of articles of the Labor Code regarding foreign workers working in Vietnam shall apply until they expire.

b) If the employer has submitted the reports on explanation of demand for the foreign workers; the application for issuance or reissuance of the work permit or the foreign workers’ certificates of eligibility of exemption from the work permit before the effective date of this Decree, the Government's Decree No. 102/2013/ND-CP dated September 05, 2013 on detailed regulations on implementing a number of articles of the Labor Code regarding foreign workers working in Vietnam shall apply.

Article 20. Responsibility for the implementation

1. The Ministry of Labor, War Invalids and Social Affairs shall assume the following responsibilities:

a) Providing guidelines for implementing this Decree;

b) Giving approval on demand for foreign workers; granting certificates of eligibility of exemption from the work permit; issuing and reissuing the work permit; revoking the work permit; granting certificates of having the work permit revoked and requesting the police agencies to expel the foreign workers working in Vietnam without the work permit, applicable to the foreign workers working for the employers regulated at Point d, D, e, g and l Clause 2 Article 2 of this Decree;

c) Directing, speeding up, inspecting and supervising the compliance with the law on the foreign workers working in Vietnam.

2. Ministry of Public Security shall assume the following responsibilities:

a) Providing guidelines on authority and procedures for expelling the foreign workers working in Vietnam without the work permit;

b) Providing guidelines on granting visas to the foreign workers in connection with the issuance or reissuance of the work permit; granting certificates of eligibility of exemption from the work permit;

c) Quarterly, providing the Ministry of Labor, War Invalids and Social Affairs with the information of the foreign workers who are eligible for issuance of visas for working in organizations, agencies or enterprise.

3. The Ministry of Finance shall provide guidelines on the fees for issuance or reissuance of the work permit, issuance of certificates of eligibility of exemption from the work permit upon the cases regulated at Point b Clause 1 of this Article.

4. The Ministry of Industry and Trade shall provide guidelines on foundations and procedures for determining the cases in which the foreign workers are internally reassigned in the companies to engage in 11 service industries in the commitment on services between Vietnam and WTO.

5. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Chairpersons of the People’s Committees of provinces and central-affiliated cities shall implement this Decree./.