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Thứ 2, Ngày 11/12/2017, 11:00
Question 31
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11/12/2017

​Desiring to expand the restrictions of working in Vietnam, so that qualified people in vocational training in Taiwan after graduation can work immediately.

Answer by Department of Labor - Invalids and Social Affairs:

On the question of company, the Department of Labor, Invalids and Social Affairs of Binh Duong province has following opinions:

Clause 1 of Article 169 of the Labor Code (2012) stipulates that "the laborers being foreign citizens working in Vietnam must satisfy the following conditions: a) Having full civil act capacity. b) Having professional qualifications, skills and health consistent with work requirements; c) Not offenders or prosecuted for criminal liability in accordance with the law of Vietnam and foreign laws; d) Having a work permit granted by a competent state agency, except for cases prescribed". The 2012 Labor Code also stipulates that foreign employees may only recruited for managers, executives, specialists and technical workers that Vietnamese laborers do not meet the demand of business and must explain the use and approval of the competent state agency (Article 170).

Clauses 3, 4 and 5 of Article 3 of Decree No.11/2016/ND-CP stipulating criteria for job positions of foreign laborers working in Vietnam (managers, executives, specialists and technical workers) as follows:

-For the position as "Expert": "Experts are foreign laborers who fall into one of following cases: a) Having written certifications as experts of agencies, organizations or enterprises in foreign countries; b) Having a university degree or higher or equivalent and having at least 03 years of working experience in a profession trained for the position that foreign worker expected to work in Vietnam; special cases shall be considered and decided by the Prime Minister".

-For the position as "Managers and executives": "Managers are managers of enterprises according to the provisions of Clause 18, Article 4 of the Law on Enterprises or heads, deputy heads of agencies or organizations; The executive director shall be the head and direct operating subsidiary under agencies, organizations and businesses".

-For the position of "Technical Laborer": "Technical laborer is a person who has been trained in technical or other specialties for at least 01 year and worked at least 03 years in a trained specialty"

Therefore, enterprises have the demand to employ foreigners to work, the professional qualifications and skills of foreign workers must meet the above criteria.

Regarding to opinions of enterprises, Department of Labor, War Invalids and Social Affairs of Binh Duong province will acknowledge and comment in the process of promulgating legal documents related to foreign employees working in Vietnam on the basis of creating favorable conditions for foreign laborers working in Vietnam, while ensuring conformity with international practices and in particular with Vietnam's commitments in international treaties to which Vietnam is a member and the strictness of law in adjusting the labor market.​

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