INTERNATIONAL LABORERS – HIGHLIGHT POINTS OF GUIDANCE ON VIETNAMESE LABOR LAW IN 2016

New regulations of foreign laborers who are issued labor certificates for working in Vietnam or expelled because they do not have labor certificates are provided in Circular 11/2016/ND-CP and will take effect in 1st April 2016.

Accordingly, employees are responsibilities for determining the demand of using foreign laborers in each position which Vietnamese people can not response to requirements and presenting explanatory report to the president of provincial People’s Committee where foreign employments will work.
In that process, if changing above demands, the recruiter shall have capable to announce to the president of provincial People’s Committee.
In cases that belong to clause 4, 5 and 8, article 172, Labor code of Vietnam and point e, h Clause 2, Article 7, Circular 11/2016/ND-CP, employees shall not to determine demands of using foreign laborers.
Details are:
  1. Members of the Board of Directors of joint-stock companies.
  • People who stay in Vietnam for under 3 months to offer services for sale.
  • People who stay in Vietnam for under 3 months to deal with complicated technical or technological problems that adversely impact or are at risk of exerting adverse impacts on production and business activities and these problems cannot be handled by Vietnamese and foreign experts who are currently in Vietnam.
  • People who are studying and working in Vietnam provided that the employer shall notify their employment to the provincial-level state management agency of labor 7 days in advance.
  1. The workers enter Vietnam to hold the positions of experts, managers, chief executive officers or technicians for a period of under 30 days and an accumulated working period of under 90 days per year;
  2. Students who are studying in schools or training institutions in foreign countries execute their practicum at agencies, organizations or companies in Vietnam upon agreements.

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