Thông tư 24/2015/TT-BLDTBXH

CIRCULAR

PROVIDING SPECIFIC PROVISIONS ON IMPLEMENTATION OF CLAUSE 6 ARTICLE 14 OF THE GOVERNMENT’S DECREE No. 87/2014/NĐ-CP DATED SEPTEMBER 22, 2014 ON INTERESTING VIETNAMESE EXPATRIATES AND FOREIGN EXPERTS IN SCIENTIFIC AND TECHNOLOGICAL OPERATIONS IN VIETNAM

Pursuant to the Government's Decree No. 106/2012/NĐ-CP dated December 20, 2012 on defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to the Government’s Decree No. 87/2014/NĐ-CP dated September 22, 2014 on interesting Vietnamese expatriates and foreign experts in scientific and technological operations in Vietnam;

Pursuant to the Government's Decree No. 102/2013/NĐ-CP dated September 5, 2013 on providing specific provisions on implementation of several articles of the Labor Code on foreign employees working in Vietnam;

Upon the request of the Director of the Employment Department;

The Minister of Labor, War Invalids and Social Affairs hereby promulgates the Circular on providing specific provisions on implementation of Clause 6 Article 14 of the Government’s Decree No. 87/2014/NĐ-CP dated September 22, 2014 on interesting Vietnamese expatriates and foreign experts in scientific and technological operations in Vietnam (the Government’s Decree No. 87/2014/NĐ-CP dated September 22, 2014 on interesting Vietnamese expatriates and foreign experts in scientific and technological operations in Vietnam, hereinafter referred to as the Decree No. 87/2014/NĐ-CP)

Article 1. Scope of application

This Circular provides for the simplified process and procedure for issuance of work permits to Vietnamese expatriates and foreign experts getting involved in carrying out scientific and technological operations in Vietnam as stipulated in Clause 6 Article 14 enshrined in the Decree No. 87/2014/NĐ-GOVERNMENT.

Article 2. Applicable entities

1. Vietnamese expatriates and foreign experts getting involved in carrying out scientific and technological operations in Vietnam (hereinafter referred to as science and technology expert).

2. Institutions or organizations where science and technology experts are working as prescribed in Clause 1 of this Article (hereinafter referred to as organization).

3. Vietnamese expatriates involved in carrying out scientific and technological operations in Vietnam and entering into Vietnam by using Vietnamese passports shall not be governed by this Circular.

Article 3. Work permit

1. Work permits shall be printed and consistently applied by the Employment Department affiliated to the Ministry of Labor, War Invalids and Social Affairs.

2. Work permits following the Form No.1 shall be issued together with this Circular.

Article 4. Application for issuance of work permits

1. The written request for issuance of work permits submitted by organizations stipulated in Clause 2 Article 2 hereof to the Employment Department (the Ministry of Labor, War Invalids and Social Affairs) following the Form No.2 enclosed herein.

2. The written consent to hiring of science and technology experts granted by competent authorities in accordance with Article 11 and Article 12 enshrined in the Decree No. 87/2014/NĐ-CP or the written permission to hire science and technology experts granted by the Prime Minister in accordance with Clause 2 Article 3 enshrined in the Decree No. 87/2014/NĐ-CP

3. The authenticated duplicate of the original passport or valid substitutes or international travel documents in accordance with legal regulations. 

4. 2 color photos (size 3cm x 4cm, white background, with face straight on, bare head and without wearing color glasses). These photos are taken within the past 6 months.  

Article 5. Process for issuance of work permits

1. Within a permitted duration of at least 10 working days from the date on which science and technology experts plan to start their work in Vietnam, organizations must send 01 set of documents to apply for issuance of work permits in person or by post to the Employment Department (the Ministry of Labor, War Invalids and Social Affairs), or email them to the website http://www.vieclamvietnam.gov.vn.

2. Within a permitted duration of 03 working days of receipt of all required documents, the Employment Department (the Ministry of Labor, War Invalids and Social Affairs) shall issue work permits to science and technology experts.  In case of refusing to issue work permits, the Department is obliged to respond in writing to applicants in which reasons for such refusal must be clearly stated by following the Form No. 3 enclosed herein.

Article 6. Period of validity of a work permit

The period of validity of a work permit shall be issued as requested by organizations and must be relevant to the written consent granted by competent authorities or the written permission granted by the Prime Minister to hire science and technology experts in accordance with Clause 2 Article 4 hereof, but shall be restricted to less than 2 years.

Article 7. Circumstances under which reissuance of work permits is allowed

1. Work permits have been lost, damaged, contents provided on issued work permits have been changed, except when holders of work permits change to other organizations.

2. Period of validity of work permit ends.

Article 8. Application for reissuance of work permits

1. The written request for reissuance of work permits following the Form No.2 enclosed herein.

2. Issued work permits.

a) If work permits have been lost, a written confirmation should be obtained from the ward-level Police in Vietnam or the foreign Police in accordance with legal regulations;

b) If contents provided on work permits have been changed as prescribed in Clause 1 Article 7 hereof, written proofs must be shown.

3. 2 color photos (size 3cm x 4cm, white background, with face straight on, bare head and without wearing color glasses). These photos are taken within the past 6 months. 

As for documents stipulated in Clause 2 of this Article, 1 copy together with the original one for collation purpose, or 1 authenticated copy of the original documents, is required.      In case of foreign documents issued overseas, they must be legalized by consulates and translated into Vietnamese with the translator's authenticated signature on that translation in accordance with Vietnamese laws.

Article 9. Process for reissuance of work permits

1. In the event of reissuance of work permits in accordance with Clause 2 Article 7 hereof, within a permitted period of 60 working days before the end of validity, organizations must send 01 set of documents to apply for reissuance of work permits in person or by post to the Employment Department (the Ministry of Labor, War Invalids and Social Affairs), or email them to the website http://www.vieclamvietnam.gov.vn.

2. Within a permitted period of 03 working days of receipt of all required documents submitted to apply for reissuance of work permits, the Employment Department (the Ministry of Labor, War Invalids and Social Affairs) shall reissue work permits.  In case of refusing to reissue work permits, the Department is obliged to respond in writing to applicants in which reasons for such refusal must be clearly stated by following the Form No. 3 enclosed herein.

Article 10. Period of validity of a reissued work permit

1. The period of validity of a work permit reissued under the circumstance stipulated Clause 1 Article 7 hereof is equal to the period of validity of an issued work permit minus the period for which science and technology experts have worked till the date of application for reissuance of that work permit.  

2. The period of validity of a work permit reissued under the circumstance stipulated in Clause 2 Article 7 hereof shall be the period requested by organizations and must be relevant to the written consent granted by competent authorities or the written permission granted by the Prime Minister to hire science and technology experts in accordance with Clause 2 Article 4 hereof, but shall be restricted to less than 2 years.

Article 11. Receipt of issued or reissued work permits

1. Organizations shall receive issued or reissued work permits at the Employment Department (the Ministry of Labor, War Invalids and Social Affairs) or at the address specified on the written request for issuance or reissuance of work permits.

2. In case organizations email their application for issuance of work permits in accordance with Article 4 hereof, or for reissuance of work permits in accordance with Article 8 hereof to the Website http://www.vieclamvietnam.gov.vn, before receiving work permits, they are required to submit 1 hard copy of documents submitted to apply for issuance or reissuance of work permits in accordance with Article 4 or Article 8 hereof in person or by post to the Employment Department (the Ministry of Labor, War Invalids and Social Affairs). 

Article 12. Circumstances under which issuance of work permits is not allowed

1. Science and technology experts have worked in Vietnam for less than 30 days.

2. Under the circumstance stipulated in Clause 1 of this Article, within a permitted duration of at least 10 working days from the date on which science and technology experts plan to start their work in Vietnam, organizations shall be responsible for sending their report following the Form No. 4 enclosed herein to the Employment Department (the Ministry of Labor, War Invalids and Social Affairs).

Article 13. Circumstances under which the validity of work permits ends

1. Period of validity of work permit ends.

2. Contracts or agreements between organizations and science and technology experts have ended the validity or have been terminated.

3. Contents provided in employment contracts are not consistent with those inscribed in issued work permits.

4. The validity period of the written consent granted by competent authorities or the written permission granted by the Prime Minister as stipulated in Clause 2 Article 4 hereof has ended.

5. The written notification obtained from foreign partners states the cessation of sending science and technology experts to Vietnam. 

6. Vietnamese enterprises, organizations and partners or foreign non-governmental organizations have terminated its operation in Vietnam.

7. Science and technology experts are imprisoned, passed away, or the Court declares that they are dead or have gone missing.

Article 14. Revocation of work permits

1. Work permits of which the validity period has ended as stipulated in Article 13 hereof shall be revoked.

2. Work permits shall be revoked in the even that organizations, or science and technology experts, are in breach of regulations laid down in this Circular. 

3. Process for revocation of work permits:

a) Under the circumstance stipulated in Clause 1 of this Article, organizations shall request science and technology experts to return their work permits and then submit them to the Employment Department (the Ministry of Labor, War Invalids and Social Affairs);

b) Under the circumstance stipulated in Clause 2 of this Article, the Director of the Employment Department (the Ministry of Labor, War Invalids and Social Affairs) shall issue the decision to revoke and notify organizations to revoke work permits of science and technology experts and then submit them to the Employment Department (the Ministry of Labor, War Invalids and Social Affairs);

Article 15. Implementation responsibility

1. Responsibilities of the Employment Department (the Ministry of Labor, War Invalids and Social Affairs):

a) Organize the propagation and dissemination of regulations enshrined in this Circular and other regulations enshrined in Vietnamese labor laws in relation to organizations, and science and technology experts;

b) Receive applications and issue or reissue work permits to science and technology experts as stipulated by this Circular;

c) File and store documents on issuance and reissuance of work permits in accordance with legal regulations.

d) Examine the implementation of legal regulations on recruitment and management of science and technology experts of organizations;

dd) Revoke work permits submitted by organizations;

2. Responsibilities of organizations:

a) Implement legal regulations concerning science and technology experts;

b) Prepare application and go through procedure for issuance or reissuance of work permits to science and technology experts; inform science and technology experts who are not issued work permits;

c) Manage documentation and regularly update and additionally provide documents relating to science and technology experts working at organizations;

d) Within a permitted period of 10 days from the date on which work permits end its validity in accordance with Article 13 hereof, compile the list of science and technology experts and send along with revoked work permits to the Employment Department (the Ministry of Labor, War Invalids and Social Affairs). Contents provided in the list shall be composed of full name, birth date, nationality, number of passport or valid substitutes or international travel documents, work permit number, issuance and reissuance date and reasons for termination of the validity of each work permit.

dd) Manage science and technology experts working at organizations.

3. Responsibilities of science and technology experts:

a) Scrutinize Vietnamese legal regulations on foreign employees working in Vietnam, and prepare documents included in applications for issuance or reissuance of work permits;

b) Strictly comply with legal regulations on recruitment and management of science and technology experts working in Vietnam as well as other relevant regulations;

c) Return work permits of which the validity period ends to organizations.

Article 16. Effect

1. This Circular shall enter into force since October 1, 2015.

2. With regard to science and technology experts issued work permits in accordance with regulations laid down in the Government’s Decree No. 102/2013/NĐ-CP dated September 5, 2013 on providing specific provisions on implementation of several articles of the Labor Code on foreign employees working in Vietnam, if these work permits remain valid, they shall continue to be used till the end of their validity period without needing to apply for new ones.

In case work permits have ended the validity, and science and technology experts wish to continue their work, organizations shall prepare applications for issuance of work permits in accordance with regulations laid down in Article 4 hereof.

3. In the course of implementation, if there is any difficulty, the Ministry of Labor, War Invalids and Social Affairs should be notified of this for instructions and supplementation./.