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Regulations on labor contracts signed with foreigners

question :

My sister owns a business, now wants to sign labor contracts with foreigners, the law stipulates how?

reply :

According to Decree No. 34/2008 / ND-CP on recruitment and management of foreigners working in Vietnam is:

"Article 3. Foreigners working in Vietnam must meet the following conditions

1. Must be 18 or older;

2. Health line with job requirements;

3. As managers, executives or specialists as defined in paragraph 2 and 3 of Article 2 of this Decree;

For foreigners who apply to medical practice, private pharmaceutical, direct examination and treatment in Vietnam or working in the fields of education, vocational training must be eligible in accordance with the law of Vietnam on the issue medical or pharmaceutical practice privately or in education and vocational training.

4. There is no criminal offense of violation of national security; not being prosecuted for criminal liability, are serving criminal penalties prescribed by the laws of Vietnam and foreign laws.

5. To have a work permit issued by the competent State of Vietnam, except in cases that do not require a work permit specified in Clause 1, Article 9 of this Decree.

Article 4. Recruitment of foreigners working in Vietnam in the form of labor contract

1. The employer is recruiting foreigners as foreigners to ensure adequate conditions stipulated in Article 3 of this Decree for work management, executives and professionals that labor Vietnam has not met the demand-driven manufacturing and trading.

2. A dossier of registration for recruitment of foreigners: Foreigners pay two (02) dossier to the employer, an employer by the management and a profile of the employers registration procedures for granting work permits. Each set comprising:

a) Registration forms for recruitment of foreigners in the form prescribed by the Ministry of Labour - Invalids and Social Affairs;

b) judicial history card granted by the competent authority of the country where foreigners residing abroad before arriving in Vietnam. Where the alien has been residing in Vietnam for 06 months or more, just check judicial records by the Department of Justice of Vietnam where the foreigner is residing;

c) The curriculum vitae of foreigners in the form prescribed by the Ministry of Labour - Invalids and Social Affairs;

d) Certificate is issued overseas or health certificates issued in Vietnam as stipulated by the Ministry of Health of Vietnam;

e) A copy of the certificate of qualification, high technology from abroad. For foreigners who are craftsmen of traditional crafts or who have experience in the profession, the executive producer, manager without certification, in recognition, they must have at least 05 certified copies (five ) experience in the profession, the executive producer, managed by competent authorities of foreign certification;

e) 03 (three) color photos (3cm x 4cm in size, bare head, taking the area, clear face and ears, without glasses, white background), taken within 06 (six) months from the time of filing foreigners.

3. The documents provided for in the foregoing documents by agencies and foreign organizations or notarized or authenticated legalization must be prescribed by the laws of Vietnam and translated into Vietnamese; translations, copies must be notarized in accordance with the law of Vietnam.

4. The order and procedures for recruitment of foreigners working in Vietnam:

a) Before recruitment of at least 30 (thirty) days, the employer must notify the labor recruitment demands on central or local press (newspapers and television, and electronic press) about the content: the number of people to be recruited, jobs, qualifications, salaries, working conditions and some other necessary requirement if the employer needs.

Where employers who hire foreigners through job placement organizations are not required to notify the labor recruitment demands on central or local newspapers as prescribed above.

b) The employer must provide adequate regulations of Vietnam law relating to the rights and obligations of foreigners working in Vietnam; Foreigners have fully studied the provisions of the law of Vietnam by the employer offers, and must prepare the necessary documents and comply with the provisions of this Decree.

c) Foreigners wishing to work in Vietnam must submit registration dossiers for recruitment referred to in paragraph 2 of this Article to the employer. Employers who receive registration documents for recruitment of foreigners as full dossier of documents under the provisions of this Decree and shall carry out procedures for issuance of work permits for foreigners in addition to working in Vietnam under the provisions of this Decree.

d) When granted a work permit, foreigners and employers who have to sign a labor contract in writing in accordance with the labor law of Vietnam; Employers who shall send a copy of the labor contract already signed to the agency issued a work permit for a foreigner there. The content of the labor contract is not contrary to the contents stated in the work permit has been granted. "

You can pursuant to the above provisions with reference to his case.

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