DECREE

AMENDING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 85/1998/ND-CP OF OCTOBER 20, 1998 ON THE RECRUITMENT, EMPLOYMENT AND MANAGEMENT OF VIETNAMESE LABORERS WORKING FOR FOREIGN ORGANIZATIONS OR INDIVIDUALS IN VIETNAM

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Labor Code of June 23, 1994;
At the proposal of the Minister of Labor, War Invalids and Social Affair,

DECREES:

Article 1.- To amend Clause 4 of Article 2, Clause 3 of Article 7 and Article 10 of the Government’s Decree No. 85/1998/ND-CP of October 20, 1998 on the recruitment, employment and management of Vietnamese laborers working for foreign organizations or individuals and in Vietnam as follows:

1. Clause 4 of Article 2 is amended into the following new Clause 4 of Article 2:

"4. The foreign-invested enterprises, foreign parties to business co-operation contracts, branches of foreign companies, representative offices of foreign economic, commercial, financial, banking, insurance, scientific-technical, cultural, educational, medical and legal consultancy organizations."

2. Clause 3 of Article 7 is amended into the following new Clause 3 of Article 7:

"3. The curriculum vitae certified by the People’s Committee of the commune, ward and township where the laborer registers his/her civil status;"

3. Article 10 is amended into the following new:

"The supply of Vietnamese labor for foreign organizations and individuals shall comply with the labor supply contracts signed between the labor supply organizations and foreign organizations or individuals. After a maximum period of 30 days from the date of receipt of a request for Vietnamese labor supply from a foreign organization or individual reflected through a labor supply contract, if the labor supply organization fails to meet the request, such foreign organization or individual may directly recruit the Vietnamese labor and transfer the dossier to the labor supply organization mentioned in Article 6 of this Decree for filling the procedures according to the provisions of this Decree.

Article 2.- This Decree takes effect after its signing.

Article 3.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.