Bản dịch văn bản 23/2017/TT-BLDTBXH
Circular 23/2017/TT-BLDTBXH
Cơ quan ban hành: Bộ Lao động - Thương binh và Xã hội
Ngày ban hành: 2017-08-15

CIRCULAR Guiding the online grant of work permits to foreign workers in Vietnam ____________________ Pursuant to the 2005 Law on E-Transactions; Pursuant to the Government’s Decree No. 14/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs; Pursuant to the Government’s Resolution No. 36a/NQ-CP of October 14, 2015, on e-government; Pursuant to the Government’s Decree No. 43/2011/ND-CP of June 13, 2011, providing the provision of information and online public services via websites or portals of state agencies; Pursuant to the Government’s Decree No. 11/2016/ND-CP of February 3, 2016, detailing a number of articles of the Labor Code regarding foreign workers working in Vietnam (below referred to as Decree No. 11/2016/ND-CP); At the proposal of the Director of the Department of Employment; The Minister of Labor, War Invalids and Social Affairs promulgates the Circular guiding the grant of work permits via electronic networks to foreign workers in Vietnam. Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Circular guides the receipt of dossiers of request for approval of the need to recruit foreign workers; grant and re-grant of work permits; and certification of eligibility for work permit exemption for foreign workers in Vietnam via electronic networks at level 3 of online public services. Article 2. Subjects of application 1. Workers being foreign citizens who come to Vietnam to work defined in Clause 1, Article 2 of Decree No. 11/2006/ND-CP. 2. Employers of foreign workers defined in Clause 2, Article 2 of Decree No. 11/2016/ND-CP. 3. Authorities approving the need to recruit foreign workers, including the Department of Employment (the Ministry of Labor, War Invalids and Social Affairs); provincial-level People’s Committee chairpersons; and provincial-level Labor, War Invalids and Social Affairs Departments or management boards of industrial parks, export processing zones, economic zones or hi-tech parks as authorized in accordance with law. 4. Agencies granting work permits defined in Article 3 of Circular No. 40/2016/TT-BLDTBXH of October 25, 2016, of the Minister of Labor, War Invalids and Social Affairs, guiding the implementation of a number of articles of Decree No. 11/2016/ND-CP (below referred to as Circular No. 40/2016/TT-BLDTBXH). 5. Other related agencies, organizations and individuals. Article 3. Interpretation of terms 1. E-transactions in the grant of work permits to foreign workers in Vietnam (below referred to as grant of work permits to foreign workers) include: approval of the need to recruit foreign workers; grant and re-grant of work permits; and certification of eligibility for work permit exemption for foreign workers in Vietnam, which are carried out electronically. 2. Portal means the web address http://dvc.vieclamvietnam.gov.vn (below referred to as portal) which is accessible online to link and integrate information channels, apps and services in the field of grant of work permits to foreign workers for use. 3. E-transaction account used in the grant of work permits to foreign workers is an account registered by an employer to log in to the portal to apply for work permits for foreign workers. Article 4. Principles of e-transactions in the grant of work permits to foreign workers 1. Consistently and strictly complying with the laws on e-transactions and management of foreign workers in Vietnam and other relevant laws. 2. Ensuring uninterruptedness, timeliness, transparency, accuracy, fairness, truthfulness, safety, efficiency, and compliance with the law on information security and integrity. 3. When conducting e-transactions, employers must have accounts to log in to the portal. Article 5. Dossiers of application for work permits for foreign workers 1. Dossiers of application for work permits for foreign workers, each comprising a declaration and enclosed documents, must comply with the laws on e-transactions and management of foreign workers in Vietnam. 2. Paper documents enclosed with dossiers of application for work permits for foreign workers shall be converted into electronic documents in portable document format (pdf), document format (doc, docx) or joint photographic experts group format (jpg). The conversion must meet the following requirements: a/ Fully reflecting the contents of paper documents; b/ Converting paper documents into electronic documents. 3. When a paper document is invalidated, its electronic document shall become legally invalid. Chapter II GRANT AND RE-GRANT OF WORK PERMITS AND CERTIFICATION OF ELIGIBILITY FOR WORK PERMIT EXEMPTION VIA ELECTRONIC NETWORKS Article 6. Approval of the need to recruit foreign workers 1. At least 20 days before the expected date of recruitment of foreign workers, the employer concerned (other than contractors) shall fill in a declaration form and submit an explanatory report on the need to recruit foreign workers as prescribed in Article 4 of Decree No. 11/2016/ND-CP to the approving agency via the portal, except the cases prescribed in Clauses 4, 5 and 8, Article 172 of the Labor Code and at Points e and h, Clause 2, Article 7 of Decree No. 11/2016/ND-CP. If there is any change in the need to recruit foreign workers, the employer shall send an explanatory report on the change via the portal at least 10 days before the expected date of recruitment of foreign workers. 2. Within 12 days after receiving the declaration and explanatory report on the need to recruit foreign workers or explanatory report on change of the need to recruit foreign workers from an employer, the approving agency shall send its reply by email to the employer. In case the report is not satisfactory as required by law, the approving agency shall send its reply by email to the employer, clearly stating the reason. 3. After receiving the approving agency’s reply that its/his/her explanatory report on the need to recruit foreign workers or change in the need to recruit foreign workers is satisfactory, the employer shall submit directly or send by post the original report to the approving agency for checking, comparison and storage according to regulations. Within 8 working hours after receiving the original report, the approving agency shall deliver the result to the employer directly or by post to the latter’s registered address. 4. In case the employer’s original explanatory report on the need to recruit foreign workers or change in the need to recruit foreign workers is not consistent with its/his/her declaration or the report sent via the portal, the approving agency shall notify such to the employer in writing, by email or directly. Article 7. Grant of work permits 1. At least 7 working days before a foreign worker is expected to start working, his/her employer shall fill in a declaration form and send a dossier of application for a work permit as prescribed in Article 10 of Decree No. 11/2016/ND-CP to the work permit- granting agency via the portal. 2. Within 5 working days after receiving the declaration and dossier of application for a work permit, if finding that the declaration and dossier are legally satisfactory, the work permit-granting agency shall send a reply by email to the employer. In case the declaration or the dossier is not legally satisfactory, the work permit-granting agency shall send a reply by email clearly stating the reason to the employer. 3. After receiving the reply that its/his/her dossier of application for a work permit is legally satisfactory, the employer shall submit directly or send by post the original dossier to the work permit-licensing agency for checking, comparison and storage according to regulations. Within 8 working hours after receiving the original dossier, the work permit-granting agency shall deliver the result to the employer directly or by post to the latter’s registered address. 4. In case the original dossier of application for a work permit is not consistent with the declaration or dossier sent via the portal, the work permit-granting agency shall notify such to the employer in writing, by email or directly. Article 8. Re-grant of work permits 1. In case of requesting re-grant of a work permit under Article 13 of Decree No. 11/2016/ND-CP, the employer shall fill in a declaration form and submit a dossier of request for re-grant of a work permit as prescribed in Article 14 of Decree No. 11/2016/ND-CP to the work permit-granting agency via the portal. 2. Within 3 working days after receiving the declaration and dossier of request for re-grant of a work permit, if finding that the declaration and dossier are legally satisfactory, the work permit-granting agency shall send its reply by email to the employer. In case the declaration or dossier of request for re-grant of a work permit is not legally satisfactory, the work permit-granting agency shall send a reply by email clearly stating the reason to the employer. 3. After receiving the reply that its/his/her dossier of request for re-grant of a work permit is legally satisfactory, the employer shall submit directly or send by post the original dossier to the work permit-licensing agency for checking, comparison and storage according to regulations. Within 8 working hours after receiving the original dossier of request for re-grant of a work permit, the work permit-granting agency shall deliver the result to the employer directly or by post to the latter’s registered address. 4. In case the original dossier of request for re-grant of a work permit is not consistent with the declaration or dossier sent via the portal, the work permit-granting agency shall notify such to the employer in writing, by email or directly. Article 9. Certification of eligibility for work permit exemption 1. At least 5 working days before a foreign worker is expected to start working, his/her employer shall fill in a declaration form and send a dossier of request for certification of eligibility for work permit exemption as prescribed in Clause 3, Article 8 of Decree No. 11/2016/ND-CP to the work permit-granting agency via the portal, except the cases prescribed in Clauses 4 and 5, Article 172 of the Labor Code and at Point e, Clause 2, Article 7 of Decree No. 11/2016/ND-CP. 2. Within 3 working days after receiving the declaration and dossier of request for certification of eligibility for work permit exemption, if finding that the declaration and dossier are legally satisfactory, the work permit-granting agency shall send a reply by email to the employer. In case the declaration or dossier of request for certification of eligibility for work permit exemption is not legally satisfactory, the work permit-granting agency shall send a reply by email clearly stating the reason to the employer. 3. After receiving the reply that its/his/her dossier of request for certification of eligibility for work permit exemption is legally satisfactory, the employer shall submit directly or send by post the original dossier to the work permit-granting agency for checking, comparison and storage according to regulations. Within 8 working hours after receiving the original dossier, the approving agency shall deliver the result to the employer directly or by post to the latter’s registered address. 4. In case the original dossier of request for certification of eligibility for work permit exemption is not consistent with the declaration or the dossier sent via the portal, the work permit-granting agency shall notify such to the employer in writing, by email or directly. Chapter III MANAGEMENT OF ELECTRONIC DATA ON WORK PERMITS Article 10. Inputting of data on work permits of foreign workers granted before e-transactions are allowed 1. Work permit-granting agencies which have already had databases on work permits granted to foreign workers shall coordinate with the Department of Employment - the Ministry of Labor, War Invalid and Social Affairs (below referred to as Department of Employment) in order to synchronize the data via the portal. 2. Work permit-granting agencies which have not yet built a database shall update data on still valid work permits of foreign workers to the portal. Article 11. Data confidentiality and information sharing 1. The capacity of detecting, warning and preventing illegal access and other forms of network attack shall be ensured to protect the confidentiality and integrity of data exchanged between parties. 2. There must be processes for data backup, online data backup and data recovery; electronic data must be recoverable in case of incidents. Pending completion of transactions involving electronic documents, original electronic data messages shall be stored in the system and accessible online. 3. E-transaction logs shall be stored for at least 5 years since the time of completion of transactions. Information stored in transaction logs shall be protected. Chapter IV ORGANIZATION OF IMPLEMENTATION Article 12. Responsibilities of the Department of Employment 1. To popularize this Circular and related laws on management of foreign workers in Vietnam via the portal and other mass media. 2. To manage, guide and inspect the grant of work permits to foreign workers via the portal. 3. To summarize and report on the grant of work permits to foreign workers via the portal. 4. To ensure uninterrupted connection, confidentiality and integrity of information on dossiers and other necessary conditions for the grant of work permits to foreign workers. 5. To operate the portal in order to receive and process data serving the online grant of work permits, ensuring uninterruptedness, integrity, security, safety and confidentiality. 6. To grant accounts and passwords, authorize the right to access and update information and the right to manage, use and share information to related agencies, organizations and individuals according to regulations. 7. To supervise the use and sharing of information and data and ensure information security and system safety. 8. To perform data backup on a weekly, monthly and yearly basis to prevent damage to or loss of data in the process of management and use. To store data relating to foreigners working in Vietnam for at least 5 years. Article 13. Responsibilities of provincial-level People’s Committees 1. To direct related local agencies to popularize regulations on the grant of work permits to foreign workers via the portal, and examine, inspect, and handle violations according to regulations. 2. To ensure funds, technical infrastructure and information safety and security throughout the implementation process. 3. To approve the need to recruit foreign workers via the portal or assign such task to authorized agencies. Article 14. Responsibilities of provincial-level Labor, War Invalids and Social Affairs Departments 1. To organize the grant of work permits to foreign workers via the portal in their localities. 2. To popularize regulations on the grant of work permits to foreign workers via the portal to agencies, organizations and enterprises in their localities that have the need to recruit foreign workers. 3. To provide information on the grant of work permits to foreign workers via the portal at the request of competent state agencies. Article 15. Responsibilities of employers 1. To make truthfully declarations and protect information on their accounts, to access to the right addresses using the right passwords and not to disclose their accounts and passwords. 2. To exploit and use information and data for proper purposes within the scope of authorization and refrain from illegally accessing the system. 3. To manage information and data they exploit and refrain from providing them to other organizations and individuals, unless such is agreed upon or permitted by the Department of Employment. 4. To refrain from illegally changing, deleting, cancelling, copying, disclosing, displaying or removing some or the whole of information and data, creating or dispersing software that causes disorder to, changes or destroys the system, and to promptly notify the Department of Employment of errors in information and data they have provided. Chapter V IMPLEMENTATION PROVISIONS Article 16. Effect and organization of implementation 1. This Circular takes effect on October 2, 2017. 2. Employers may choose either of the following ways of submitting explanatory reports on the need to recruit foreign workers; dossiers of application for, or request for re-grant of, work permits; and dossiers of request for certification of work permit exemption: a/ Direct submission or via postal services to approving agencies and work permit-granting agencies; b/ Via the portal. 3. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs for timely guidance and supplementation.-