Foreign organization must have a written request on demand to use vietnamese laborers

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On July 28, 2014, the Government issued the Decree No. 75/2014/ND-CP detailing the implementation of a number of articles of the Labor Code on recruitment, management of Vietnamese laborers working for the foreign organization and individual in Vietnam.

Prescribing that Vietnamese laborers are Vietnamese citizens aged from 18 full years and upward, have work capacity and have full capacity for civil acts can apply for foreign organizations and individuals in Vietnam (including: International organizations, joint-Government organizations, organizations of foreign Government, foreign diplomatic representative offices and consulates, representative offices of international organizations in the system of the United Nations Organization…)

The dossier of Vietnamese laborers include the job application according to the form prescribed by the Ministry of Labor, War Invalids and Social Affairs; copy of birth certificate; a valid health certificate of the medical office no more than six months since the submission of the dossier; copies of diplomas and certificates of educational, specification, professional and foreign language standard  related to the job which the laborer applies for. If they are written in foreign language, it must be translated into Vietnamese and certified in accordance with Vietnamese laws;

When having demand to use Vietnamese laborers, the foreign organization or individual that needs to use Vietnamese laborers shall have to send a written request to the organizations that are competent to recruit and manage Vietnamese laborers. In the request, the requester must specify job position, number, professional skills, foreign language, and recruitment deadline; the rights and obligations of the Vietnamese laborers and of the foreign organization and individual in the process of work and at the termination of the work for each position.

Within 15 working days since receipt of the written request of the foreign organization, individual, agencies being competent to recruit, manage Vietnamese laborers must be responsible to recruit and recommend Vietnamese laborers at the request of foreign organizations, individuals.

This Decree takes effect on September 15, 2014.