Circular 23/2017/TT-BLDTBXH

MINISTRY OF LABOR - Invalids and Social Affairs
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No: 23/2017/TT-BLDTBXH

Hanoi, August 15, 2017

CIRCULARS

GUIDELINES FOR IMPLEMENTATION OF WORKING PERMITS FOR FOREIGN EMPLOYERS WORKING IN VIETNAM THROUGH THE NETWORK

Pursuant to the 2005 Law on Electronic Transactions;

Pursuant to Decree No. 14/2017/ND-CP dated February 17, 2017 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to Resolution No. 36a/NQ-CP dated October 14, 2015 of the Government on e-Government;

Pursuant to the Government's Decree No. 43/2011/ND-CP dated June 13, 2011 providing for the provision of online public information and services on the website or the portal of the agency. government;

Pursuant to Decree No. 11/2016/ND-CP dated February 3, 2016 of the Government detailing the implementation of a number of articles of the Labor Code regarding foreign workers working in Vietnam (hereinafter written as follows: Decree No. 11/2016/ND-CP for short);

At the proposal of the Director of the Employment Department;

The Minister of Labor, War Invalids and Social Affairs promulgates a Circular guiding the issuance of work permits to foreign workers working in Vietnam via electronic networks.

Chapter I

GENERAL RULES

Article 1. Scope

This Circular guides the reception of dossiers of approval of demand for foreign workers; issue and re-issue work permits; certifying that they are not eligible for a work permit for foreign workers to work in Vietnam via the electronic network according to level 3 of online public services.

Article 2. Subjects of application

1. Employees being foreign citizens come to work in Vietnam according to the provisions of Clause 1, Article 2 of Decree No. 11/2016/ND-CP.

2. Employers of foreign workers as prescribed in Clause 2, Article 2 of Decree No. 11/2016/ND-CP.

3. The agency that approves the demand for foreign workers is the Employment Department (the Ministry of Labor, War Invalids and Social Affairs); Presidents of People's Committees of provinces and centrally run cities; Department of Labor - Invalids and Social Affairs or the Management Board of industrial parks, export processing zones, economic zones and high-tech zones in cases authorized by law.

4. Work permit-issuing agencies as prescribed in Article 3 of Circular No. 40/2016/TT-BLDTBXH dated October 25, 2016 of the Minister of Labor, War Invalids and Social Affairs guiding the implementation of a number of Article of Decree No. 11/2016/ND-CP (hereinafter referred to as Circular No. 40/2016/TT-BLDTBXH).

5. Other relevant agencies, organizations and individuals.

Article 3. Interpretation of terms

1. Electronic transactions in granting work permits to foreign workers working in Vietnam (hereinafter abbreviated as granting work permits to foreign workers) include: approval the need to employ foreign workers; issue and re-issue work permits; Confirmation of not being eligible for work permits for foreign workers working in Vietnam is done by electronic means.

2. Electronic portal is the address http://dvc.vieclamvietnam.gov.vn (hereinafter abbreviated as electronic portal) accessed on the network environment, to link and integrate information channels Information, applications and services of the field of granting work permits to foreign workers through which they are used for exploitation and use.

3. Electronic transaction account in granting work permits to foreign workers is the account registered by the employer to log in to the portal to issue work permits to foreign workers. foreign workers.

Article 4. Principles of electronic transactions in granting work permits to foreign workers

1. Implement uniformly and strictly according to the provisions of law on electronic transactions, management of foreign workers working in Vietnam and relevant laws.

2. Ensure the continuity, timeliness, clarity, accuracy, fairness, honesty, safety, efficiency, compliance with the provisions of the law on information security and integrity.

3. Employers, when performing electronic transactions, must have an electronic transaction account to log in to the electronic portal.

Article 5. Dossier for grant of work permits to foreign workers

1. The application for a work permit for a foreign worker, including the declaration and accompanying papers, must conform to the provisions of the law on electronic transactions and management of foreign workers working in Vietnam. Male.

2. Dossier for granting work permits to foreign workers with accompanying documents in the form of paper documents, the employer must convert to electronic documents in portable document format (pdf), document ( doc, docx) or joint photographic experts group (jpg), the conversion must fully meet the following requirements:

a) Fully reflect the content of the paper voucher;

b) To be converted from paper documents to electronic documents.

3. When papers in the form of paper vouchers are no longer legally valid,

Electronic documents are no longer legally valid.

chapter II

ISSUANCE, RE-ISSUE OF WORK PERMIT, CONFIRMATION NOT BEING ISSUED WORK PERMIT ON ELECTRONIC NETWORK

Article 6. Approval of demand for foreign workers

1. At least 20 days before the expected date of employment of foreign workers, the employer (except for contractors) must declare information in the declaration form and submit a report explaining the need to employ workers. from abroad according to the provisions of Article 4 of Decree No. 11/2016/ND-CP to the approving agency via the electronic portal, except for the cases specified in Clauses 4, 5 and 8 Article 172 of the Labor Code and Points e and h Clause 2 Article 7 Decree 11/2016/ND-CP.

If there is a change in the need to employ foreign workers, the employer shall send a report explaining the change at least 10 days in advance from the expected date of employment of foreign workers via the portal.

2. Within 12 days from the date of receipt of the declaration and the explanation report or the report explaining the change in demand for foreign workers in accordance with the provisions of law, the agency that approves the payment e-mail results to the employer. In case the report has not been made according to the provisions of law, the approving agency shall reply to the result via email to the employer and clearly state the reason.

3. After receiving a reply that the results of the explanation report or the explanation report on changes in demand for foreign workers are in accordance with the provisions of the law, the employer shall submit it directly or via The original postal service report is sent to the approval agency for checking, comparison and storage as required.

Within no more than 8 working hours after receiving the original report, the approving agency must return the results to the employer. The employer can receive the results in person or by postal service at the registered address of the employer.

4. In case the original explanation report or the explanation report on change of demand for foreign workers is not consistent with the declaration and the report sent through the portal, the approving agency shall reply by email. in writing or by email or by direct notification to the employer.

Article 7. Issuance of work permits

1. At least 7 working days before the date the foreign worker is expected to start working for the employer, the employer must fill in the information in the declaration and submit the application for the grant. work permits as prescribed in Article 10 of Decree No. 11/2016/ND-CP to the work permit-issuing agency via the portal.

2. Within 05 working days from the date of receipt of the declaration and application for a work permit in accordance with the provisions of the law, the work permit-issuing agency shall reply to the result via email. death for the employer. In case the declaration and application file for a work permit have not been made in accordance with the provisions of law, the work permit-issuing agency shall reply to the result via email to the employer and clearly state the reason. do.

3. After receiving a reply that the result of the application for a work permit is in accordance with the provisions of the law, the employer shall submit the original application file directly or via postal service. work permit to the work permit agency to check, compare and save according to regulations.

Within no more than 8 working hours after receiving the original dossier of application for a work permit, the work permit-issuing agency must return the results to the employer. The employer can receive the results in person or by postal service at the registered address of the employer.

4. In case the original dossier of application for a work permit is not consistent with the declaration and application for a work permit sent through the portal, the work permit-issuing agency shall reply in writing. either by email or by direct notification to the employer.

Article 8. Re-issuance of work permits

1. In case of re-issuance of a work permit according to the provisions of Article 13 of Decree No. 11/2016/ND-CP, the employer must declare information in the declaration and submit an application for re-grant of the work permit. Act according to the provisions of Article 14 of Decree No. 11/2016/ND-CP to the work permit-issuing agency through the electronic portal.

2. Within 03 working days from the date of receipt of the declaration and application for re-issuance of a work permit in accordance with the provisions of the law, the work permit-issuing agency shall reply to the result by mail. electronics for employers. In case the declaration and application file for reissuance of a work permit have not been made in accordance with the provisions of the law, the work permit-issuing agency shall reply via email to the employer and clearly state the results. reason.

3. After receiving a reply that the result of the application for reissuance of a work permit is in accordance with the provisions of law, the employer shall submit the original application file directly or via postal service. license re-issuance

workers to the work permit agency to check, compare and save according to regulations.

Within no more than 8 working hours from the date of receipt of the original application for re-issuance of a work permit, the work permit-issuing agency must return the results to the employer. The employer can receive the results in person or by postal service at the registered address of the employer.

4. In case the original dossier of application for re-grant of a work permit is inconsistent with the declaration and application for re-grant of a work permit sent through the portal, the work permit-issuing agency shall reply. in writing or by email or directly notify the employer.

Article 9. Confirmation that foreign workers are not eligible for work permits

1. At least 05 working days before the date the foreign worker is expected to start working for the employer, the employer must declare information in the declaration and submit the application for certification. accepting foreign workers who are not subject to a work permit as prescribed in Clause 3, Article 8 of Decree No. 11/2016/ND-CP to the work permit-issuing agency via the portal, except for the case specified in Clauses 4 and 5, Article 172 of the Labor Code and Point e, Clause 2, Article 7 of Decree No. 11/2016/ND-CP.

2. Within 03 working days from the date of receipt of the declaration and application for certification that the foreign worker is not eligible for a work permit in accordance with the provisions of law, the licensing agency The labor permit responds to the results by email to the employer. In case the declaration and application file for certification that the foreign worker is not eligible for a work permit has not been made according to the provisions of law, the work permit-issuing agency shall reply to the result via email. to the employer and state the reason.

3. After receiving a reply that the result of the application for certification that the foreign worker is not eligible for a work permit is in accordance with the provisions of law, the employer shall submit it directly or through a translation service. the postal service, the original of the application for certification that the foreign worker is not eligible for a work permit, to the work permit-issuing agency for inspection, comparison and storage as prescribed.

Within no more than 8 working hours after receiving the original application for certification that the foreign worker is not eligible for a work permit, the work permit-issuing agency must return the result to the employer. employment. The employer can receive the results in person or by postal service at the registered address of the employer.

4. In case the original application for certification of a foreign worker not eligible for a work permit is inconsistent with the declaration and application for certification of a foreign worker not subject to a work permit sent via the portal, the work permit-issuing agency shall reply in writing or by email or directly notify the employer.

Chapter III

DATA MANAGEMENT ELECTRONIC LABOR PERMIT

Article 10. Data entry in the field of granting work permits to foreign workers before applying electronic transactions

1. The work permit-issuing agency that has a database in the field of granting work permits to foreign workers shall coordinate with the Employment Department, the Ministry of Labor, War Invalids and Social Affairs (hereinafter referred to as: Department of Employment for short) to synchronize data through the portal.

2. The work permit-issuing agency that has not yet built a database shall be responsible for updating the database of valid work permits of foreign workers on the portal.

Article 11. About data security and information sharing

1. Ensuring the capacity and ability to detect, warn and prevent illegal access and forms of attack on the network environment to ensure the confidentiality and integrity of data exchanged between the parties. participation.

2. There are procedures for data backup, online backup, and data recovery; have the ability to recover data in case of electronic data failure. Electronic vouchers during the transaction are not completed with the requirement that the original electronic data message must be kept on the system and accessed online.

3. The electronic transaction log must be kept for at least 5 years from the time of successful transaction execution. Secure the information stored in the transaction log.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 12. Responsibilities of the Employment Department

1. Organize propaganda and dissemination of the provisions of this Circular and relevant provisions of the law on management of foreign workers working in Vietnam through the electronic portal and the media. other.

2. Manage, guide and inspect the granting of work permits to foreign workers through the electronic portal.

3. Summarize and report on the implementation of work permit issuance for foreign workers

through the portal.

4. Implement continuous connection, confidentiality, integrity of information on dossiers and necessary conditions for granting work permits to foreign workers.

5. Operate an electronic portal to receive and process electronic work permit data to ensure continuity, integrity, security, safety and confidentiality.

6. Grant electronic transaction accounts and passwords, assign access rights, update information, and manage, use and share information to relevant agencies, organizations and individuals according to regulations. determined.

7. Supervising the exploitation and sharing of information and data, ensuring information security and system safety.

8. Backing up data on a weekly, monthly, and yearly basis to prevent data corruption or loss in the process of management and use. Store data related to foreigners working in Vietnam for at least 5 years.

Article 13. Responsibilities of People's Committees of provinces and centrally run cities

1. Directing the local functional agencies to organize propaganda and dissemination of regulations on granting work permits to foreign workers through the electronic portal, to inspect, inspect and handle violations. violated by law.

2. Ensuring funding, technical infrastructure and information safety and security during the implementation process.

3. Approve the demand for using foreign workers via the electronic portal or assign it to an authorized agency.

Article 14. Responsibilities of the Department of Labor - Invalids and Social Affairs

1. Implement the issuance of work permits for foreign workers through the electronic portal in the locality.

2. Propagating and disseminating to agencies, organizations and enterprises that wish to employ foreign workers in the locality the regulations on granting work permits through the electronic portal for workers foreign.

3. Provide information on the situation of granting work permits through the electronic portal in the locality at the request of competent state agencies.

Article 15. Responsibilities of the employer

1. Be responsible for truthfully declaring information and protecting access account information, correct access address and password, must not reveal the issued address and access password.

2. Exploiting and using information and data within the granted scope, for the right purposes, without illegally infiltrating the system.

3. Manage the content of exploited information and data, which must not be provided to other organizations or individuals, unless otherwise agreed and permitted by the Employment Department.

4. Not to change, delete, destroy, copy, disclose, display, illegally move part or all of information and data, not create or distribute software programs that disrupt, change, sabotage the system, promptly notify the Employment Department of the errors of the provided information and data.

Chapter V

TERMS ENFORCEMENT

Article 16. Effect and implementation

1. This Circular takes effect from October 2, 2017.

2. The employer chooses one of the following two options to submit a report explaining the demand for labor; application file for the grant or re-grant of a work permit; Dossier to request confirmation of not being eligible for a work permit:

a) Directly or via postal service to the approval agency and the work permit issuing agency;

b) Implement through the electronic portal.

3. In the course of implementation, if any problems arise, please report them to the Ministry of Labor, War Invalids and Social Affairs for timely guidance and supplementation./.

Recipients:
- Secretariat of the Party Central Committee;
- Prime Minister, Deputy Prime Ministers;
- Ministries, ministerial-level agencies, agencies attached to the Government;
- Office of the Party Central Committee and Party Committees;
- Congress office;
- Office of the President;
- Goverment office;
- Ethnic Council and Committees of the National Assembly;
- People's Procuratorate of the Supreme;
- Supreme People's Court;
- Central Committee of the Vietnam Fatherland Front and central agencies of mass organizations;
- People's Councils, People's Committees of provinces and centrally run cities;
- Departments of Labour, Invalids and Social Affairs of provinces and centrally run cities;
- Announcement;
- Department of Legal Legal Documents Examination (Ministry of Justice);
- Government portal;
- Ministry of Labour, Invalids and Social Affairs: Ministers, Deputy Ministers and relevant units;
- Website of the Ministry of Labour, Invalids and Social Affairs;
- Save: VT, CVL (30 copies).

KT. MINISTER
DEPUTY

Doan Mau Diep