THE MINISTRY OF INDUSTRY AND TRADE
Circular No. 41/2014/TT-BCT dated November 05, 2014 of the Ministry of Industry and Trade on basis, procedures for identification of foreign workers reassigned within enterprises operating within 11 service sectors in Vietnam's WTO Commitments on services, who are exempt from work permits
Pursuant to the Government's Decree No. 95/2012/ND-CP dated November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government's Decree No. 102/2013/ND-CP dated September 05, 2013 on guidelines for some Articles of the Labor Code on foreign workers in Vietnam;
At the request of the Planning Office,
The Minister of Industry and Trade promulgates a Circular on basis, procedures for identification of foreign workers reassigned within enterprises operating within 11 service sectors in Vietnam's WTO commitments on services, who are exempt from work permits:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment
This Circular deals with the basis, procedures for identification of foreign workers reassigned within enterprises operating within 11 service sectors in Vietnam's WTO commitments on services, who are exempt from work permits.
Article 2. Subject of application
This Circular applies to foreign workers reassigned within the enterprise, foreign employers, and relevant entities.
Article 3. Commercial presence
Commercial presence prescribed in Clause 1 Article 3 of the Government's Decree No. 102/2013/ND-CP dated September 05, 2013 on guidelines for some Articles of the Labor Code on foreign workers in Vietnam (hereinafter referred to as Decree No. 102/2013/ND-CP) includes:
a) Business cooperation contracts;
b) Joint ventures, wholly foreign-invested enterprises;
c) Representative offices, branches of foreign enterprises.
Chapter II
BASIS, PROCEDURES FOR IDENTIFICATION OF FOREIGN WORKERS REASSIGNED WITHIN AN ENTERPRISE OPERATING WITHIN 11 SERVICE SECTORS ACCORDING TO VIETNAM'S COMMITMENT TO WTO
Article 4. Basis for identification of foreign workers reassigned within enterprises operating within 11 service sectors in Vietnam's WTO commitments on services, who are exempt from work permits
1. The basis for identification of foreign workers being managers, executive officers, and experts reassigned within an enterprise operating within 11 service sectors in Vietnam's WTO commitments on services, who are exempt from work permits prescribed in Point a Clause 2 Article 7 of the Decree No. 102/2013/ND-CP, includes:
a) The foreign enterprise has established a commercial presence in Vietnam;
b) The commercial presence in Vietnam of the foreign enterprise operates within 11 service sectors specified in Appendix I hereof;
c) Any foreign worker that has been employed by the foreign enterprise for at least 12 months before being sent to work at the company's commercial presence in Vietnam.
