THE MINISTRY OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS
Circular No. 03/2014/TT-BLDTBXH dated January 20, 2014 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of some articles of the Decree No. 102/2013/ND-CP of September 5, 2013, detailing a number of articles of the Labor Code regarding foreign workers in Vietnam
Pursuant to Government's Decree No. 106/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor - Invalids and Social Affairs;
Pursuant to the Government’s Decree No. 102/2013/ND-CP dated September 05, 2013, detailing implementation of a number of articles of Labor Code on foreign workers in Vietnam
At the proposal of Director of the Employment Department;
The minister of Labor - Invalids and Social Affairs promulgates the Circular guiding implementation of a number of Articles of Government’s Decree No. 102/2013/ND-CP dated September 05, 2013, detailing implementation of a number of Articles of Labor Code on foreign workers in Vietnam (hereinafter abbreviated to Decree No. 102/2013/ND-CP).
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
Scope of regulation and subjects of application of this Circular are scope of regulation and subjects of application prescribed in Article 1 and Article 2 of Decree No. 102/2013/ND-CP.
Article 2. Interpretation of terms
1. Providers of contractual services prescribed at point d Clause 1 Article 2 of Decree No. 102/2013/ND-CP are foreign laborers worked for at least 02 years (24 months) in a foreign enterprise with no commercial presence in Vietnam and must satisfy conditions for “experts” as prescribed at Clause 3 Article 3 of Decree No. 102/2013/ND-CP.
2. Foreign laborers working under form of service sale offer specified at point dd Clause 1 Article 2 of Decree No. 102/2013/ND-CP are foreign employees not living in Vietnam and not receiving remuneration from any source in Vietnam, participate in activities related to the act as representative for a service provider to negotiate for service consumption of that providers, provided that not sell directly that service to public and not directly participate in service supply.
