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

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

a – State agencies

b – Foreign non-governmental organizations, international organizations in Viet Nam

c - Organizations specified in point a, b and c clause 1 Article 2 of the Decree No.55/2012/ND-CP, including public organizations under the ministries, ministerial-level agencies, organizations established by the Government and the PM, Ha Noi National University of Education and Viet Nam National University - Ho Chi Minh City

d – Representative offices of foreign-invested projects or international organizations 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 Labor, Invalids and Social Affairs or Chairmen of provinces’ 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 will take effect from December 12th, 2016.

VGP