The Ministry of Labour, Invalids and Social Affairs has issued Circular No 40/2016/TT-BLDTBXH guiding the implementation of a number of articles of Decree No 11/2016/ND-CP detailing a number of articles of the labour code in respect of foreign workers in Viet Nam.

The Circular defines that the Ministry of Labour, Invalids and Social Affairs accepts the demand for using foreign laborers, identifies unlicensed foreign workers, reissues working licences, revokes working licenses and proposes police deport unlicensed foreign labourers.  It handles these issues from the following agencies:

a. State agencies

b. Foreign non-governmental organisations, international organisations in Viet Nam

c. Organisations specified in points a, b and c, Clause 1, Article 2 of the Decree No 55/2012/ND-CP, including public organisations under the ministries, ministerial-level agencies, organisations established by the National Government and the Prime Minister, the Ha Noi National University of Education and the Viet Nam National University - Ho Chi Minh City

d. Representative offices of foreign-invested projects or international organisations in Viet Nam

e. Business associations established based on legal regulations

The Circular stipulates that employers must send reports on demand for using foreign laborers to the Ministry of Labour, Invalids and Social Affairs or Chairpersons of the provincial People’s Committees at least 30 days prior to the time of hiring foreign workers or changing the demand for hiring working laborers.

The Circular took effect on 12 December.

(Source: VGP)