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ONLY SIGN CONTRACTS WITH FOREIGN LABORERS WHEN HAVING WORK PERMITS


On November 03, 2011, the Ministry of Labor, War Invalids and Social Affairs issued the Circular No. 31/2011/TT-BLDTBXH guiding the implementation of a number of articles of Decree No. 34/2008/ND-CP dated March 25, 2008 of the Government and Decree No. 46/2011/ND-CP dated June 17, 2011 of the Government amending, supplementing a number of articles of Decree No. 34/2008/ND-CP dated March 25, 2008 of the Government defining recruitment and management of foreigners working in Vietnam.

Prior to the recruitment of foreigners for at least 30 (thirty) days, the employer must inform the labor recruitment demand to be Vietnamese into the positions expected to recruit foreigners on at least 01 (one ) number of central newspaper and at least 01 (one) number of local newspaper by one of the forms such as print press, audio press, visual press or electronic press on the contents: the number of people to be. After being granted work permits, the foreigners and the employers must sign the labor contracts in writing in accordance with provisions of the labor law of Vietnam.

Within 05 (five) days calculated by working days from the date of contract labor, the employer shall send a copy of labor contract signed and a copy of a work permit granted to the authority where issued the work permit for foreigner there. The contents of labor contract are not contrary to the contents of their work permit issued.
This Circular takes effect from December 18, 2011 and replaces the Circular No. 08/2008/TT-BLDTBXH dated June 10, 2008 of Ministry of Labor, War Invalids and Social Affairs.


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