Expatriate labor management and recruitment circular 31/2011/tt-bldtbxh
Ha Noi 03 November 2011, The War Invalids and Social Welfare Department issued the circular numbered 31/2011/TT-BLDTBXH providing detailed instruction on the implementation of Decree 34/2008/ND-CP dated 25 March 2008 of the Government and Decree 46/2011/ND-CP dated 17 June 2011 of the Government amending and supplementing number of articles of Decree 34/2008/ND-CP of the Government regarding recruiting and managing foreign labor in Vietnam. This Circular will be valid from December 18, 2011. Some of important points mentioned in the circular are:
1. Employers must make public announce for the vacancies to ensure the opportunies for Vietnamese candidates before choosing expats instead.
2. Foreign contractors who won tenders before 01 August 2011 must report to the Chairman of provincial people committee within 30 days upon the validity of this Circular on following issues:
- Status quo of labor employment (both foreigners and Vietnamese)
- Employment plan till the end of the project;
- Demand for Vietnamese employees who will take place of current and intended expat staffs
In case there is a shortage of Vietnamese employees for planned vacancies, the expatriate candidates can be considered for the positions in which the Vietnamese fail to fill.
3. Foreign labors do not have to apply for Work Permit in case of:
- Their working term in Vietnam is less than 03 months; or
- They are Chiefs of representative offices; Chiefs of project offices or Commissioned Representatives of foreign non-governmental organizations
- Notes: Foreigner who is a member or an owner of an limited company or a member of management board of a joint stock company shall not be required to have a Work Permit to work in Vietnam for that company. In case wherein that he works for another company for a period more than 03 months, he must apply for a Work permit.
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