Labor recruitment and management

EMPLOYMENT AND LABOR MANAGEMENT WORKING ABROAD IN VIETNAM The employer shall recruit foreign workers with no more than 3% compared to the existing number of employees of the business, but must not exceed 50 , at least hire 01 people.
CONDITIONS OF FOREIGN WORKERS
The employer hires foreign labor foreign workers who meet the following conditions:
At least 18 years of age or older.
Health accordance with job requirements.
With high technical expertise (including: engineers or equivalent qualified engineers or more; craftsmen of traditional crafts), has extensive experience in the profession, the executive producer, manager or labor management tasks that Vietnam did not meet.
No criminal record, a history of national security violations in accordance with the laws of Vietnam; does not have a criminal record, a history of criminal offenses; without being prosecuted for criminal liability, are penalty, has not been erased in accordance with the laws of Vietnam and foreign laws.
Have a work permit for foreign laborers working in Vietnam for 03 (three) months, by a competent state agency in Vietnam, except for cases that do not require a work permit the following provisions:
Foreign laborers working in Vietnam less than 03 (three) months or to handle emergencies (emergencies are defined as incidents, technical situations, complex technologies emerging affect or threaten to affect production and business that Vietnamese experts and foreign experts currently in Vietnam can not be handled).
Foreigners who are members of the Management Board, General Director, Deputy General Director, Director, Deputy Director, enterprises established under the provisions of Vietnamese law and have legal personality.
Foreigners who are head of representative office, branch head in Vietnam.
Foreign lawyers license by the Ministry of Justice lawyers practicing in Vietnam in accordance with the law.
                                                 

PROFILE ORDER OF FOREIGN LABOR EMPLOYMENT.
Application for work: foreign workers to pay 02 (two) sets for the employer, a record set by the employer and a records management to the use of labor procedures for applying for a work permit. Each profile includes:
The job application;
Judicial votes by the competent authority of the country in which the employee resides. Cases, foreigners residing in Vietnam for 06 (six) months or more, in addition to judicial votes issued by the competent authority of a foreign country is a judicial certificate issued by the Department of Justice's Vietnam where the foreigner is residing;
Resume of foreigners according to the form set by the Ministry of Labor, War Invalids and Social Affairs and a photo;
Health certificate issued in a foreign country. Cases, foreigners residing in Vietnam, health certificate issued in accordance with the Vietnamese Ministry of Health;
 Copies of certificates of professional qualifications and skills of foreigners, including: university degree or equivalent or higher degree, or certificate of qualification of foreign workers by the competent authority in accordance with that country.
For foreign workers are craftsmen of traditional crafts or who have experience in the profession, the executive producer, without certificate manager must have:
The comments on the qualifications, skills and management level is the competent authority of the country of which he is a national certification;
 Three color photographs (3cm x 4cm in size, bare head, taken frontally, clear face, ears, without glasses), taken within 01 (one) year.
The papers mentioned above records by the agency, foreign organizations or notarization and authentication must be legalized in accordance with the laws of Vietnam and Vietnamese translation; translation, must be notarized in accordance with the laws of Vietnam.
PROCEDURE ORDER OF FOREIGN LABOR EMPLOYMENT:
For the employer:
The employer must post on the local or national newspaper 03 (three) consecutive issues of the recruitment needs and inform all the job requirements and the rights of workers and employers in the recruitment process, when to work and when to resign.
The employer must apply for a work permit for foreign laborers working in Vietnam in accordance with the above, after the filing of foreign workers is full of papers.
For foreign workers:
Foreigners wishing to work in Vietnam to study fully the provisions of Vietnamese law that employers provide; same time, to prepare the necessary documents and comply with the provisions of this Decree.
Foreigners wishing to work in Vietnam must apply for work
When the work permit, the employee and the employer must conduct labor contract in writing (except for foreign workers by foreign parties sent to Vietnam to work), the employer shall send a copy of the labor contract was signed on the agency issued work permits for foreign workers. The contents of the labor contract is not contrary to the work specified in the work permit has been granted.
LABOR LICENSING.
Foreign laborers working for enterprises, agencies and organizations in Vietnam must have a work permit. Department of Labor, War Invalids and Social Affairs of provinces and cities directly under the Central Government to grant work permits to foreign workers according to the form set by the Ministry of Labor, War Invalids and Social Affairs.
Application for a work permit, including:
Written request for a work permit by the employer in accordance with the form set by the Ministry of Labor, War Invalids and Social Affairs.
Application for work of foreign workers
The duration of the work permit: the duration of the work permit be issued for the term of the labor contract (for those labor contracts) or by decision of the foreign election workers to Vietnam to work, but no more than 36 months.
For objects that do not require a work permit, the employer has the responsibility to report to the Department of Labor, War Invalids and Social Affairs (where the enterprise, agency or organization headquartered) brief list of foreigners, including: full name, age group, nationality, passport number, date of start and end dates of the work, the work undertaken by foreigners. Report 07 (seven) days before the foreign workers start working.
For foreigners working in Vietnam to perform the contract (other than a labor contract) between businesses, agencies and organizations in Vietnam with businesses, agencies and organizations overseas, in enterprises, agencies and organizations in Viet Nam also reported for foreigners to work for businesses, agencies and organizations working in Vietnam for a period of less than 03 (three) months.
LABOUR LICENSE EXTENSION
Extension of work permits in cases where the employer has planned and ongoing training Vietnamese laborers to replace the jobs that foreign workers are assumed, but the laborers English Men not replaced. Not to renew work permits for foreign workers with labor discipline as prescribed at Point b, Point c, Clause 1, Article 84 of the Labor Code is amended and supplemented.
Application for renewal of work permits:
The employer shall apply for extension of work permit in accordance with the Ministry of Labor, War Invalids and Social Affairs. Which must clearly state the reasons for training Vietnamese to replace, they name the Vietnamese people have been trained, training cost, training time, training location to replace workers abroad.
A copy of the labor contract or document of the foreign sending people abroad to continue working in Vietnam (certified by the employer).
Work permits have been issued.
Extended duration of work permits:
The extended term of the work permit depends on the working time of employees working abroad for the user specified in the labor contract or document of the foreign sending people abroad to continue work in Vietnam, extend the maximum period of 36 (thirty six) months. For the case of the expiration of the first term, which is not trained employee of Vietnam replaced the work permit be further extended if the approval of the Chairman of the Provincial People's Committee and cities directly under the Central Government where the enterprise, agency or organization headquartered.
Regulations detailed at:
Decree No. 105/2003ND-CP dated 17/09/2003 of the Government detailing and guiding the implementation of some articles of the Labor Code on labor recruitment and management of foreigners working in Vietnam
Circular 04/2004/TT- BLĐTBXH March 10, 2004 of the Ministry of Labor, Social-infantry Tthuong and guiding a number of articles of Decree No. 105/2003/ND-CP dated 17/09/2003 of the Government on labor recruitment and management of foreigners working in Vietnam (Download the form in this Circular)