Công điện 03/CD-LDTBXH

OFFICIAL TELEGRAM

ON STRENGTHENED MANAGEMENT OF EXPATRIATES WORKING IN VIETNAM

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS telegraphs to:

- The Presidents of People’s Committees of provinces or central-affiliated cities.

Currently, the situation of Covid-19 pandemic in the world and in Vietnam is highly complex and tends to increase. The situation of expatriates illegally entering and entering Vietnam for finding jobs as prescribed in the labor law is happening in many local areas throughout the country. In order to strictly implement the direction of the Standing Committee of the Secretariat, the Prime Minister's Official Telegram No. 570/CD-TTg of May 2, 2021 on rectification, improvement of Covid-19 prevention and control, to successfully reach the dual objectives, protect and improve the health of people, ensure social security, the Minister of Labor, War Invalids and Social Affairs proposes the Presidents of People's Committees of provinces and cities to pay attention to and direct the implementation of the following matters:

1. Review all facilities and enterprises that are employing expatriates in local areas. On that basis, strengthen the management and closely supervise all cases of entry and expatriate workers registered and working at facilities and enterprises, etc. Take drastic measures to prevent every person illegally entering Vietnam for employment purpose in facilities and enterprises. Send a review report to the Ministry of Labor, War Invalids and Social Affairs (via Department of Employment) before May 25, 2021 for consolidation and further report to the Prime Minister.

2. Inspect and rectify the issuance of work permits to expatriate workers in local areas, ensure eligibility requirements and procedures as prescribed in the Government’s Decree No. 152/2020/ND-CP  dated December 30, 2020 and clause 1 Article 152 of the Labor Code 2019 (Enterprises, organizations, individuals and contractors shall only employ foreigners to hold positions of managers, executive directors, specialists and technical workers the professional requirements for which Vietnamese workers are underqualified).

3. Strengthen inspection and strict actions against facilities or enterprises that employ workers illegally and those who knowingly commit violations of law. Direct authorities to consider expelling expatriates working in Vietnam without work permits (or certification of exemption from work permit) and discompliance with the Law on Entry, exit; transit, residence of expatriates in Vietnam.

4. Direct the inspection of Covid-19 prevention and control at facilities and enterprises that employ expatriates in local areas, ensure strict implementation of 5K rule and regulations of health authorities. Take drastic measures to terminate and strictly sanction any facility or enterprise that fails to maintain the safety requirements as prescribed by law.

The Minister of Labor, War Invalids and Social Affairs requests the Presidents of People’s Committees of provinces or central-affiliated cities to pay attention and effectively implement the foregoing matters and send reports to the Government via the Ministry of Labor, War Invalids and Social Affairs./.