Socialist Republic of Vietnam

GOVERNMENT

No.46-1999-ND-CP Hanoi, 1 July 1999


DECREE ON AMENDMENT OF A NUMBER OF ARTICLES OF
DECREE 85-1998-ND-CP DATED 20 OCTOBER 1998 OF THE GOVERNMENT
ON RECRUITMENT, EMPLOYMENT AND MANAGEMENT
OF VIETNAMESE EMPLOYEES WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM


The Government

Pursuant to the Law on the Organization of the Government dated 30 September 1992;

Pursuant to the Labour Code dated 23 June 1994;

On the proposal of the Minister of Labour, War Invalids and Social Affairs,


Decrees:

Article 1

To amend clause 4 of article 2, clause 3 of article 7 and article 10 of Decree 85-1998-ND-CP dated 20 October 1998 of the Government on recruitment, employment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam as follows:

1. Clause 4 of article 2 shall be replaced by the following new clause 4 of article 2:

"4. Foreign invested enterprises, foreign parties to business co-operation contracts, foreign company branches, representative offices of economic, commercial, financial, banking, insurance, scientific-technical, cultural, educational, health or legal consultancy organizations of foreign countries."

2. Clause 3 of article 7 shall be replaced by the following new clause 3 of article 7:

"3. Curriculum vitae certified by the people's committee of the commune, ward or township where the employee registers his or her residence;"

3. Article 10 shall be replaced by the following new article 10:


"The supply of Vietnamese labour to a foreign organization or individual shall be carried out on the basis of a labour supply contract signed by the labour supply organization and the foreign organization or individual. Where the labour supply organization fails to meet the requirement for supply of Vietnamese labourers from the foreign organization or individual stated in the labour supply contract within thirty (30) days from the date of receipt of such requirement, the foreign organization or individual shall be permitted to recruit directly Vietnamese labourers and forward [their] documentation to the labour supply organization referred to in article 6 of this Decree for completion of the procedures stipulated in this Decree."

Article 2

This Decree shall be of full force and effect as of the date of its signing.

Article 3

Ministers, heads of ministerial equivalent bodies and Government bodies, and chairmen of people's committees of provinces and cities under central authority shall be responsible for the implementation of this Decree.


On behalf of the Government
Prime Minister



PHAN VAN KHAI