Chapter IV
EMPLOYMENT
Article 10. Amendments to some Articles of the Government’s Decree No. 52/2014/ND-CP dated May 23, 2014 on conditions and procedures for issuance of license for provision of employment services to employment service providers
1. Article 11 is amended as follows:
“Article 11. Application for the license
1. The applicant for the license for provision of employment services shall submit 01 (one) application to the licensing authority, whether directly or by post. An application includes:
a) An application form;
b) A copy of the written confirmation of deposit payment prescribed in Article 10 of this Decree;
c) Documentary evidences for fulfillment of the conditions specified in Article 8 of this Decree.
2. Within 7 working days from the receipt of the satisfactory application, the licensing authority shall issue the license for provision of employment services to the applicant. If the application is rejected, a response and explanation shall be provided in writing.”
2. Article 12 is amended as follows:
“Article 12. Notification of provision of employment services
1. Within 20 working days from the date of receiving the license, the employment service provider shall publish the license, location, services covered by the license, account, name of the director and phone number on mass media.
2. 10 working days before the date of starting to provide employment services, the employment service provider shall notify the licensing authority of the area where its headquarters is located in writing of date of starting to provide employment services.
3. In the case of relocation of its headquarters or branch, the head of the employment service provider shall send the licensing authority a notification of the new location enclosed with documentary evidences for the possession of a legitimate new location under according to Article 8 of this Decree 10 working days before the date of relocation.”
3. Clauses 2 and 3 of Article 13 are amended as follows:
“2. The applicant for reissuance of the license for provision of employment services shall submit 01 (one) application to the licensing authority, whether directly or by post. An application includes:
a) An application form;
b) The damaged license or copies of documentary evidences for changes to one of the contents of the license.
3. Within 5 working days from the receipt of the satisfactory application, the licensing authority shall reissue the license to the applicant. If the application is rejected, a response and explanation shall be provided in writing.”
4. Clauses 1 and 3 of Article 14 are amended as follows:
“1. Within 20 working days before the expiration date of the license, the applicant for extension of the license for provision of employment services shall submit 01 (one) application to the licensing authority, whether directly or by post. An application includes:
An application form;
The expired license;
Copies of documentary evidences for fulfillment of the conditions specified in Article 7 of this Decree.
3. Within 5 working days from the receipt of the satisfactory application, the licensing authority shall extend the license for provision of employment services. If the application is rejected, a response and explanation shall be provided in writing.”
5. Clause 3 of Article 16 is amended as follows:
“3. Within 5 working days from the date of issuance, reissuance, extension or revocation of the license, the licensing authority shall send a notification to the People's Committee of the district where the employment service provider's headquarters is located.”
6. Clause 2 of Article 17 is amended as follows:
“2. Within 10 working days from the date of assigning tasks to its branch, the employment service provider shall notify the licensing authority of the area where its headquarters is located.”
Article 11. Amendments to some Articles of the Government’s Decree No. 11/2016/ND-CP dated February 03, 2016 on elaboration of some Articles of the Labor Code regarding foreign workers in Vietnam
1. Point l is added to Clause 1 of Article 2 as follows:
“l) Relatives of members who are allowed to execute their functions in foreign missions in Vietnam under the international treaty to which the Socialist Republic of Vietnam is a signatory.”
2. Article 4 is amended as follows:
“Article 4. Employment of foreign workers
1. Determination of demand for foreign workers
a) The employer (except for contractors) shall determine the demand for foreign workers for every job position in which Vietnamese workers are incompetent and send reports to the People’s Committee of the province or central-affiliated city (hereinafter referred to as “the People’s Committee of the province”) where the planned working place of foreign workers is located. The employer shall send a report to the People’s Committee of the province if the demand for foreign workers is changed in the course of execution.
b) In the cases specified in Clause 3, 4, 5 and 8 Article 172 of the Labor Code and Points e, h and i Clause 2 Article 7 herein, employers are not required to determine the demand for foreign workers if such foreign workers belong to.
2. a) The People’s Committee of the province shall grant a written approval for the employment of foreign workers in each job position to the employer.”
3. Point i Clause 2 of Article 7 is amended as follows:
“i) Relatives of members who are executing their functions in foreign missions in Vietnam and exempt from work permits under the international treaty to which the Socialist Republic of Vietnam is a signatory;”
4. Point m is added to Clause 2 of Article 7 as follows:
“m) The workers are responsible for establishing the commercial presence”
5. Clause 2 of Article 8 is amended as follows:
“2. The employer shall request the employment authority of the province where the planned working place of foreign workers is located to certify that such foreign workers are eligible for exemption from work permits at least 07 working days before the date on which they start to work. In the cases stated in Clauses 4 and 5 Article 172 of the Labor Code and Points e and i Clause 2 Article 7 herein, it is not required to follow procedures for certifying foreign workers are eligible for exemption from work permits.”
6. Clause 6 of Article 10 is amended as follows:
“6. A copy of the passport or a substitute for the passport or international travel document which remains valid in accordance with the law.”
7. Clause 2 of Article 12 is amended as follows:
“2. Within 05 working days from the receipt of the satisfactory application is received, the province employment authority shall issue the work permit to the foreign worker using the form specified and released by the Ministry of Labor, War Invalids and Social Affairs. If the application is rejected, a response and explanation shall be provided in writing.”
8. Point b Clause 1 of Article 20 is amended as follows:
“b. Giving approval on demand for foreign workers; granting certificates of eligibility for exemption from the work permit; issuing and reissuing the work permit 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 prescribed in Points d, dd, e, g and l Clause 2 Article 2 of this Decree and the employers in Point a Clause 2 Article 2 whose headquarters is located within a province or city but office representatives and branches are located within other provinces and cities are entitled to select to do so at the Ministry of Labor, War Invalids and Social Affairs.
Article 12. Repeal of Clause 2 Articles 7 and 9 of the Government’s Decree No. 52/2014/ND-CP dated May 23, 2014 on conditions and procedures for issuance of license for provision of employment services to employment service providers
Article 13. Repeal of Point b Clause 3 Article 8 and Article 17 of the Government’s Decree No. 11/2016/ND-CP dated February 03, 2016 on elaboration of some Articles of the Labor Code regarding foreign workers in Vietnam
Tìm kiếm
Nghị định 140/2018/NĐ-CP sửa đổi, bổ sung các Nghị định liên quan đến điều kiện đầu tư kinh doanh và thủ tục hành chính thuộc phạm vi quản lý nhà nước của Bộ Lao động - Thương binh và Xã hội (Bản Pdf)
Nghị định 140/2018/NĐ-CP sửa đổi, bổ sung các Nghị định liên quan đến điều kiện đầu tư kinh doanh và thủ tục hành chính thuộc phạm vi quản lý nhà nước của Bộ Lao động - Thương binh và Xã hội (Bản Word)