Decree No. 75/2014/ND-CP dated July 28, 2014 detailing the implementation of a number of articles of the Labor Code on recruitment, management of Vietnamese laborers working for the foreign organization and individual in Vietnam

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 2, 2001;

Pursuant to the Labor Code of June 18, 2012;

At the proposal of the Minister of Labor, War Invalids and Social Affairs,

The Government promulgates the Decree detailing the implementation of a number of articles of the Labor Code on recruitment, use and management of Vietnamese labor working for foreign organizations and individual in Vietnam

Article 1. Scope of application

This Decree prescribes the recruitment, recommendation, use and management of Vietnamese laborers working for the foreign organization, individual in Vietnam.

Article 2. Subjects of application

1. Vietnamese laborers are Vietnamese citizens aged from 18 full years and upward, have work capacity and have full capacity for civil acts.

2. Foreign organizations in Vietnam areforeign agencies and organizations that are allowed by competent authorities of Vietnam to operate on Vietnamese territory. They include:

a) Foreign diplomatic representative offices and consulates, representative offices of international organizations in the system of the United Nations Organization, regional organizations and sub-regional organizations;

b) Representative offices of foreign news agencies, press, radio and television;

c) International organizations, joint-Government organizations, organizations of foreign Government;

d) Foreign non-governmental organizations that Vietnamese competent agencies grant the registration certificate as stipulated under the Decree No. 12/2012/ND-CP dated November 12, 2012 of the Government on registration and management of activities of non-governmental organizations in Vietnam.

dd) Representative offices non-profit foreign economic, commercial, financial, banking, insurance, scientific and technical, cultural, educational, medical and legal consultancy organizations.

3. Foreign individuals in Vietnam are foreigners working for organizations as stipulated under Clause 2 of this Article or persons being allowed to reside in Vietnam by competent agencies.

4. Vietnamese organizations, agencies related to recruiting and managing Vietnamese laborers working for foreign organizations, individuals in Vietnam.

Article 3. Vietnamese laborers working for foreign organizations and individuals in Vietnam

Vietnamese laborers as stipulated under Clause 1 Article 2 of this Decree are allowed to work for foreign organizations and individuals in Vietnam (hereinafter referred to as the foreign organization and individual), excluding Vietnamese laborers that are not allowed to work for the foreign organization and individual as stipulated.