MANAGING THE VIETNAMESE EMPLOYEES WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS

2. Procedures for managing the Vietnamese employees working for foreign organizations and individuals in the Central Vietnam

2.1. Steps to follow

a) Step 1: The foreign organization and individual shall submit a written notice about the selected candidates and proposing SCEDFA to manage those Vietnamese employees to the One-stop-shop Section of SCEDFA directly, by post, or via email (in case of email, the foreign organization and individual shall submit original documents when receiving results).

b) Step 2: Upon receiving the notice, SCEDFA’s One-stop-shop Section shall provide guidance to the Vietnamese employees on submitting the required documentation, request to supplement and complete the documentation if it is incomplete or invalid, and write a receipt for the complete and valid documentation.

c) Step 3: Within 05 (five) working days after receiving the complete and valid documentation, SCEDFA shall issue a written reply to request the competent public security agencies for verifying the employees’ background.

d) Step 4: Within 14 (fourteen) working days, the competent public security agencies shall issue a written reply about the result of their verification. In case the public security agencies don’t issue a written reply within the mentioned time limit, it is considered that the employees' curriculum vitaes are approved.

e) Step 5: Within 05 (five) working days after receiving the public security agencies’ reply, and based on the result of verification, SCEDFA shall issue a written notice about its consent to manage the Vietnamese employees and clearly stating the reasons in case of refusing the consent as regulated.

e) Step 6: The foreign organization and individual shall receive the result at SCEDFA’s One-stop-shop Section, or it can be sent to the foreign organization and individual by post or via email.

2.2. Methods:

The foreign organizations and individuals’ related documentation can be sent by post, via email, or submitted directly at SCEDFA’s One-stop-shop Section.

2.3. Components and quantity of the documentation:

a) Components of documentation:

- 02 Curriculum vitae (in Vietnamese, using the attached form);

- 02 Colour photos sized 3x4cm (no more than 6 months);

- Copies of professional qualifications and certificates;

- 02 Certified copies of the labour contract;

- 02 A declaration on provision and change of information on the social insurance and health insurance (as regulated) and the social insurance book (if any);

- 01 Copy of birth certificate;

- 01 Application to join the labour union (optional);

- 01 Copy of Identity Card;

b) Quantity of documentation: 01 (one) set.

2.4. Time limit for settlement:

Within 15 (fifteen) working days.

2.5. Subjects of the administrative procedure:

The Vietnamese employees working for foreign organizations and individuals.

2.6. Agencies in charge of the administrative procedure:

a) The competent authority: the Service Centre for Da Nang Foreign Affairs

b) Agency directly handling the administrative procedure: the Service Centre for Da Nang Foreign Affairs

c) Coordinating agencies:

- External Security Division– Da Nang Department of Public Security (PA01);

- Foreign Security Department - Ministry of Public Security in Da Nang (A01).

2.7. Results of the administrative procedure:

A written notice about the consent to manage the Vietnamese employees, and clearly stating the reasons in case of refusing the consent as regulated.

2.8. Fees: N/A.    

2.9. Name of related forms:

a) Curriculum vitae as regulated (using the form for people who are leasing their accommodation to foreigners, are the representative or working for foreign employers)

b) A declaration on provision and change of information on the social insurance and health insurance (Form TK1-TS) attached in Decision No.888/QĐ-BHXH dated 16th July 2018 by the Vietnam Social Security.

c) Application to join the labour

2.10. Requirements and conditions on the implementation of administrative procedures:

Being a Vietnamese citizen who is at least 18 years of age, capable of working and civil acts as regulated in the Government's Decree No. 75/2014/NĐ-CP dated 28th July 2014 (at Clause 1, Article 2), except Vietnamese employees who are prohibited from working for foreign organizations and individuals.

2.11. Legal basis of the administrative procedure:

a) Decree No. 12/2012/NĐ-CP dated 1st March 2012 by the Government on registration and management of activities for the non-governmental organizations in Vietnam;

b) Decision No. 898/QĐ-BNG dated 14th April 2015 by the Government on authorizing a competent organization to implement the recruitment and management of Vietnamese employees in accordance with Decree No. 75/2014/NĐ-CP dated 28th July 2014 by the Government;

c) Decree No. 75/2014/NĐ-CP dated 28th July 2014 by the Government on detailing the implementation of a number of articles of the labor code on recruiting and managing Vietnamese employees working for foreign organizations and individuals in Vietnam;

d) Circular No. 16/2015/TT-BLĐTBXH dated 22nd April 2015 by the Minister of Labor, War Invalids and Social Affairs on providing guidance on a number of articles of the Decree N 75/2014/NĐ-CP dated 28th July 2014 by the Government detailing the implementation of a number of articles of the labor code on recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam;

e) Decision No. 5531/QĐ-UBND dated 31st July 2015 on defining the functions and tasks of the Service Centre for Da Nang Foreign Affairs.

f) Decision No. 595/QĐ-BHXH of the Vietnam social security dated 14th April 2017 on procedures for collection of social insurance contributions and premiums of health insurance, unemployment insurance, occupational accident and occupational disease insurance; management of social insurance books and health insurance cards

g) Decision No. 415/QĐ-LĐLĐ of the Standing Committee of Da Nang City Labor Union dated 27th December 2017 on the recognition of the Trade Union Executive Committee of the Service Centre for Da Nang Foreign Affairs.

Administrative procedures