第75/2014 / ND-CP号法令，关于招聘和管理在越南为外国组织和个人工作的 越南劳工的劳动法

DECREE

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LABOR CODE ON RECRUITING AND MANAGING VIETNAMESE EMPLOYEES WORKING FOR FOREIGN ORGANIZATIONS & INDIVIDUALS IN VIETNAM

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Labor Code dated June 18^th, 2012;

At the request of the Minister of Labor, War Invalids and Social Affairs,

The Goverment issues the Decree detailing the implementation of a number of articles of the Labor Code on recruiting and managing Vietnamese employees working for foreign organizations and individuals in Vietnam (hereinafter referred to as foreign employers).

Article 1. Scope

The Decree regulates the selection, introduction, recruitment and management of Vietnamese employees working for foreign employers.

Article 2. Regulated entities

1. Vietnamese employees, who are Vietnamese, 18 years or older, capable of working and civil acts.

2. Foreign organizations which are foreign offices and organizations licensed by Vietnamese competent authorities to operate within Vietnam’s territory, include:

a) Foreign diplomatic missions, consular offices, representative offices of international organizations of the UN system, intergovernmental organizations of regions & subregions;

b) Permanent offices of foreign news agencies;

c) International organizations, intergovernmental organizations, foreign governmental organizations;

d) Foreign non-governmental organizations issued certificates of registration by Vietnamese competent agencies according to the Decree no.12/2012/ND-CP dated November 12^th 2012 of the Government on registration and management of foreign non-governmental organizations in Vietnam;

e) Foreign non-profit representative offices of organizations specialized in economy, commerce, finance, banking, insurance, science – technology, culture, health, law consultancy in Vietnam.

3. Foreigners who are working for organizations precribed in Clause 2 of this Article or foreigners permitted to reside in Vietnam by Vietnamese competent agencies.

4. Vietnamese offices and organizations related to recruiting and managing Vietnamese employees working for foreign employers.

Article 3. Vietnamese employees working for foreign employers

Vietnamese employees prescribed in Clause 1, Article 2 of this Decree are permitted to work for foreign employers except Vietnamese employees who are prohibited from working for foreign organizations and individuals.

Article 4. Authority to recruit and manage Vietnamese employees working for foreign employers

1. The organizations having the authority to recruit and manage Vietnamese employees working for foreign employers (hereinafter referred to as Vietnamese employee recruiting agencies) include:

a) Organizations appointed or authorized by the Ministry of Foreign Affairs;

b) Employment centers that are establish under the approval of the Minister of Labor, War Invalids and Social Affairs or the Presidents of the People’s Committees of provinces.

2. Organizations prescribed in Point a Clause 1 of this Decree are authorized to recruit and manage Vietnamese employees working for the following foreign employers:

a) The foreign organizations prescribed in Point a, b, c and d of Clause 2, Article 2 of this Decree;

a) The foreigners working for foreign organizations prescribed in Point a, b, c and d of Clause 2, Article 2 of this Decree;

3. Employment centers prescribed in Point b of Clause 1 of this Article are authorized to recruit, introduce and manage Vietnamese employees for working for the following foreign employers:

a) The foreign organizations prescribed in Point e of Clause 2, Article 2 of this Decree;

b) Foreigners who are working for organizations precribed in Point e of Clause 2, Article 2 of this Decree, foreigners permitted to reside in Vietnam by Vietnamese competent agencies.

Article 5. Employment applications of Vietnamese employees

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