Green Translation

October 27, 2012

new wave of Crackdown on Vietnamese Bloggers

Filed under: other clients — minhthien @ 8:50 am

Thursday, May 10, 2012 – 00:56


by Cat Barton

When riot police broke up a recent protest in Hanoi over a forced eviction, Vietnam’s bloggers were ready. Hidden in nearby trees, they witnessed the entire incident and quickly posted videos and photos online.

Their shaky images spread like wildfire on Facebook, a sign of growing online defiance of efforts by authorities to rein in the country’s Internet community.

"They follow me, they keep track of what I am writing, they keep track of all dissident bloggers. Anything they can do to harass us, they do," said Nguyen Thi Dung, one of several bloggers who publicized the April 24 Hung Yen unrest on several websites.

“They have many people browsing the net, reporting things they don’t like, getting them taken down. It is a perfect copy of what the Chinese are doing on the Internet," she told AFP, asking that her name be changed for her safety.

Authoritarian Vietnam – classed an "enemy of the Internet" by watchdog group Reporters Without Borders – is preparing a new decree on online content in a bid to clamp down even harder on the country’s increasingly outspoken blogosphere. The 60-article draft decree, a translated copy of which was obtained by AFP, bans "abusing the Internet" to oppose the government.

It would force bloggers to post real names and contact details, force news websites to obtain government approval to publish, and compel site administrators to report any banned online activity. The decree also seeks to enjoin foreign companies that provide online services in Vietnam – e.g. Facebook and Google – to cooperate with the government and locate data centers in country.

But while some activists and experts see a chilling threat from the draft law, others say the government is fighting a losing battle in its quest to police Vietnam’s 30-million strong online community.

"Any imposition of new limits will just lead to new ways of overcoming all difficulties to get through the firewall," one blogger said on condition of anonymity. "People will always find new, creative ways to access banned sites, like they already do with Facebook,” which is sporadically blocked in Vietnam, he said.

David Brown, a retired US diplomat and Southeast Asia expert, said the draft decree was "unenforceable". At worst, it will give authorities more explicit infractions with which to charge bloggers. But Brown doubts the decree “will inconvenience Facebook or Google, (or) change the de facto relationship of bloggers to the government.”

Internet commentators are increasingly covering sensitive issues such as corruption, territorial disputes with China and rising discontent over land rights, often linking up with disaffected communities. In the past, journalists set up blogs to spread information not published in the mainstream press, but "the recent phenomenon of bloggers going to the sites of land protests to cover them virtually live is new", said Vietnam expert Carl Thayer.

Hanoi-based Nguyen Xuan Dien’s live-blogging of the Hung Yen eviction – with photos and video of thousands of riot police evicting farmers and beating two journalists covering the protest – quickly went viral, giving the unrest wide coverage despite being virtually ignored in the state media.

Vietnam’s new decree is "an attempt to keep up with the times," Thayer said. "It will tighten the screw on internal dissidents and severely restrict their activities by making them, as well as commercial service providers, responsible for material broadcast or stored on the Internet."

Censorship is hardly new in communist Vietnam, but the repression of dissidents has intensified, according to New York-based Human Rights Watch (HRW), which systematically monitors online activity in many countries around the world.

Case in point: Three high-profile bloggers, including one whose case has been raised by US President Barack Obama, are currently awaiting trial in Ho Chi Minh City for "propaganda against the state". If implemented, the new rules could "lead to more arbitrary harassment and arrests for online postings and an overall chilling effect that results in greater self-censorship", HRW’s Phil Robertson said.

Dung agreed the new moves represent the greatest challenge so far for the country’s bloggers. “If the decree is passed it will provide the police with a very good legal framework to destroy freedom of speech," she said.

Publication date:

GLOSSARY:


  • forced eviction: cưỡng chế đất đai
    protest: một cuộc biểu tình phản đối
    incident: sự cố, sự việc, sự vụ
    spread like wildfire: lan nhanh ra như lửa cháy rừng//go viral, go rampant
    rein in
    : kiềm chế, ngăn trở
    internet community: cộng đồng mạng
    keep track: dò la, theo dõi (công an) //follow
    take down: gỡ bỏ (trang web chống đối chính quyền)
    a perfect copy: bắt chước nguyên si
    in a bid to clamp down: nhằm mục đích đàn áp
    in a bid to: nhằm //in an attempt to
    in its quest to: nỗ lực cố gắng
    to police: dùng cảnh sát để theo dõi, khống chế
    30-million strong: có 30 triệu người tham gia
    imposition: việc áp đặt //obstruction, enforcement, blockage
    sporadically: thỉnh thoàng, có lúc; lai rai, lác đác, rải rác, rời rạc
    Southeast Asia expert: một chuyên gia về Đông nam Á
    unenforceable: không thể thi hành được, không cưỡng chế thi hành được
    territorial disputes: tranh chấp lãnh thổ
    land righs: quyền sử dụng đất /also, land-use rights, rights to land-use
    the heirs at law: người thừa kế theo pháp luật
    live-blogging: đăng tải blog trực tuyến, đưa tin cập nhật tại chỗ
    riot police: cảnh sát chống biểu tình, cảnh sát chống bạo động
    case in point: sự vụ để chứng minh, sự vụ minh chứng; trường hợp điển hình (để chứng minh một nhận định trước đó)
    rising discontent: sự bất bình gia tăng; sự bất mãn ngày càng tăng
    covering sensitive issues: đưa tin, viết bài về những vấn đề nhạy cảm
    virtually ignored in the state media.: hầu như bị lờ đi trên thông tin truyền thông nhà nước
    times: thời cuộc; tình hình thời sự đang diễn ra | eg. “an attempt to keep up with the times, to tighten the screw on internal dissidents "
    tighten the screw on: siết chặt (quyền tự do)

October 11, 2012

Tender Dada Sheet

Filed under: other clients — minhthien @ 9:06 am

 

Chapter II
TENDER DATA SHEET

The Tender Data Sheet shall include the detailed contents of the tender package according to some corresponding items in Chapter I (Requirements for Tender Procedures). Whenever there is a variance to the corresponding contents in Chapter I, the provisions in this Chapter II shall prevail.

Item

Clause

Contents

1

1

Name of tender package: Supply of combination vaccine for the prevention of Diphtheria, Pertussis – Tetanus – Hepatitis B – Haemophilus Influenza type b (DPT-VGB – Hib)
Name of project: Expanded Vaccination
Name of tender solicitor: National Institute of Hygiene and Epidemiology

 

2

Contract performance duration: not more than 3 (three) months from the effective date of the contract

 

3

Source of funds to implement the tender package: 2011 state budget

2

1

Eligibility of tenderer: The applicant tenderer must have the following legal documents:
– Business Registration Certificate
– Investment License
– Decision of Establishment or legitimate registration of operation.

The tenderer must be an organization with civil legal capacity,
– having an independent economic accounting,
– not being concluded by an authoritative organ as having unhealthy financial status, being on the verge of bankruptcy, suffering accumulated debt to the point of insolvency, in the process of dissolution.

 

4

– Guarantee of competitiveness in tender: N/A

3

1

Other requirements on goods’ legitimacy

-The vaccine has obtained circulation permit from Vietnam Ministry of Health. The permit must be still in valid duration at least 03 months counted from the opening time of tender.

-The vaccine has clear origins regarding its manufacturer (the goods being manufactured locally)

-The vaccine has clear origins regarding its manufacturer, country of manufacturing, importer and distributor in Vietnam (the goods being imported with finish processing in Vietnam)

5

2

Address of tender solicitor: Expanded vaccination Project, National Institute of Hygiene and Epidemiology (NIHE), No 1 Yersin street, Hanoi

Telephone: 04.38213764 – Facsimile: 04.38213782

-Deadline for request for any explanation/ receipt of clarifications on the Tendering dossier (TD): not less than 05 days before the closing time of tender

6

 

Modifications to the tendering dossier (if any) shall be sent by the tender solicitor to all tenderers at least 05 before the closing time of tender.

7

 

Language used: Vietnamese is used throughout the whole tendering process (including dossiers, materials and documents). Any document in other languages must be enclosed with a Vietnamese translation. The translation must be carried out by an accredited person or organisation as regulated by Vietnam’s law

8

6

Other contents : N/A

9

 

The change of person (name) participant to the tender is made when this is approved by the tender solicitor via direct sending of written notice to the tenderer.

10

 

Documents, papers to evidence the eligibility of an authorized person shall include: the company’s statutes, decision of the affiliates, decision of appointment

11

1

Type of contract: whole package contract
Tender price is the delivery price at the NIHE, inclusive of VAT

 

2

– In the price list, tenderer must break down the offer prices into their respective components in accordance with the following requirements:
– For locally manufactured, locally processed goods, use Form No. 4
– For goods manufactured, processed in foreign countries, use Form No. 5
– For goods manufactured, processed in foreign countries, imported and marketed in Vietnam, use Form No. 6

 

4

Parts of the tender package: N/A

 

5

Incoterms: Year 2000

12

 

Currency in tendering: Vietnam dong

13

1

a) Documents evidencing the tenderer’s eligibility:
– Certified photocopy of permit for company establishment issued by a competent organ. This permit must be still in valid duration at least 03 months from the date of tender opening
-Certified photocopy business license duly issued to the type of goods in offer by a competent organ. This license must be still in valid duration at least 03 months from the date of tender opening

 

2

Other documents evidencing the capabilities and experiences of the tenderer: N/A

14

2

Documents evidencing the goods’ qualification:

   

a. for imported goods
– Permit for sales of goods by the manufacturer (use Form No. 14)
– Documents on standards, features, technical data of the goods by the manufacturer
-The tender winning unit must provide the listed / relisted price that are still valid
-Original catalogue by the manufacturer.
a. for locally manufactured goods
– Documents on standards, features, technical data of the goods, enclosed with their original catalogue by the manufacturer.
– Goods quality certificate issued by competent organ(s)

15

1

Contents of requirements on tender guarantee:
– Mode of tender guarantee: tenderer can choose either one of the following two modes of tender guarantee”
-Cash deposit or money transfer into the account No:
061-1-00-1529922
Vietnam Foreign Trade Bank, Badinh branch
Address: 39 Dao Tan street, Badinh, Hanoi
– Bank sponsorship by the bank at which the tenderer has an account (Form 10)
-Value and currency of the tender guarantee:
– Value: 500,000,000 Vietnam Dong ( five hundred million Vietnam dong)
– Validity of tender guarantee: 120 days starting from closing time of tender.

 

3

Time of return of tender guarantee to the unsuccessful tenderer: within 15 working days from the announcement of tender results

16

1

The duration of validity of tender offer is 90 days starting from the closing time of tender

17

1

Number of tender offer copies to submit:
-01 original copy
-03 photocopies (duly marking ‘photocopied’)

18

 

Layout of information on the tender offer’s envelope:
Tenderer must write clearly and legibly the following information on the tender offer’s envelope:
– Tenderer’s name, address, telephone at the upper left corner of the envelope
– ATTENTION: Expanded vaccination Project, National Institute of Hygiene and Epidemiology (NIHE), No 1 Yersin street, Hanoi
– Write clearly in capitals the name of the tender package that the tenderer participate and the words “DO NOT OPEN TENDER OFFER BEFORE .. HOUR .. DATE .. MONTH .. YEAR .. “(according to the tender opening time).
– In case of an modification of the tender offer, the line “TENDER OFFER MODIFIED” must be added on top of the said contents.

19

1

Closing time of tender: 14:00 on 18 July 2011
Public tender opening will be conducted at 15:00 on 18 July 2011 at the National Institute of Hygiene and Epidemiology (NIHE), No 1 Yersin street, Hanoi

24

1

Other requirements: N/A

 

2

Tender offers fallen into one the following unsatisfactory conditions shall be rejected:

(a) Tenderer name not found in the list of tendering dossier purchasers, except for case of change of tender person as regulated at Section 9.

(b) Tenderer not securing tender eligibility as regulated in Clause 1 of Section 2 and Clause 1 of Section 13 BDL

(c) Tenderer does not provide tender participation guarantee or such guarantee is not compatible with the regulations stated at Clause 2, Section 15 of Chapter 1

(d) Tenderer can not produce the original tender offer

(đ) Tender application invalid by regulations in Section 10, Chapter I

(e) Validity period of tender offer not meeting the requirements specified at Clause 1 of Section 16 BDL

(g) Tender offer without fixed price, or offered at several price levels plus unfavourable conditions to the investment owner.

(h) Tenderer appearing in more than two tender offers as main contractor (independent tenderer or member of a partnership)

(i) Tenderer violating any of the prohibited behaviours during the tender process as regulated in Article 12 of Law on Tender and Clauses 3 and 21 of Article 2 of Law on Amendment.

(k) offer price exceeding the listed/ re-listed price in valid period

29

 

Convertible currency: Vietnam dong at transfer selling rate as quoted by Bank for Foreign Trade of Vietnam on the opening date of tender.

34

2

Tenderer must send a written acceptance to the tender solicitor for negotiation and finalization of a contract with 05 days after being advised as winner of the tender.

36

1

(a) Address to send petitions/ proposals:
Address of the tender solicitor:
Expanded Vaccination project, National Institute of Hygiene and Epidemiology
No. 1 Yersin Street, Hanoi
Telephone: 04.38213764 – Facsimile: 04.38213782
– Address of the investment owner: National Institute of Hygiene and Epidemiology
No. 1 Yersin Street, Hanoi

Telephone: 04.39716353 – Facsimile: 04.39717101

– Address of investment decision maker: Ministry of Health.
138 Giang Vo Street, Hanoi

(b) Standing committee of Advisory Council, address receiving petitions:

Ministry of Health.
138 Giang Vo Street, Hanoi

Chapter III

EVALUATION STANDARS and CONTENTS OF DETERMINATION OF PRICE FOR COMPARISON

Section 1. Evaluation standards on the tender’s capabilities and experiences (1)

Evaluation standards on the tender’s capabilities and experiences shall use two markings “PASSED” and “NOT PASSED”. A tenderer must pass all the three requirements indicated at points 1, 2 and 3 in the following table, and as such shall be assessed as meeting the requirements on capabilities and experiences. The points 1, 2 and 3 shall be deemed passed when all detailed contents of each point are taken as satisfactorily passed

Evaluation standards on the tender’s capabilities and experiences consist of the following contents:

No.

Content of requirements

Minimum level to be considered satisfactory (“PASSED”)

1

Experiences

– Number of contracts similar to that in this tender package that the tender has implemented as a main- or sub-contractor in Vietnam or abroad in recent 03 years

-Number of years operating in manufacturing or trading business as the main activity

At least 03 contracts
At least 03 years

2

Business and manufacturing capabilities:

-Quantity, types, turnover over products of main trading business or manufacturing in recent 03 years

Vaccines being among the main products of trading business or manufacturing of the supplier/ manufacturer with a total production/trading not less than 500,000 doses/ year

3

Financial capability

 
 

3.1 Turnover

 
 

Yearly average turnover in recent 3 years

60 billion VND/ year

 

3.2 Healthy financial status
(a) tender’s number of year of operation without loss in the period of required financial report as stipulated in Clause 3.1 of this Section
(b) short-term debt solvency ratio
(c) net value

03 years
attaining > 1
positive value

Section 2. Evaluation standards on technical capabilities

Evaluation standards on technical capabilities shall use two markings “PASSED” and “NOT PASSED”.

No.

Content of requirements

Passed

Not passed

1

SUPPLY RANGE

   
 

1. Type and quantity

502,100 (five hundred two thousand and one hundred) doses of combination vaccine for the prevention of Diphtheria, Pertussis – Tetanus – Hepatitis B – Haemophilus Influenza type b (DPT-VGB – Hib)

less than 502,100 (five hundred two thousand and one hundred) doses of combination vaccine for the prevention of Diphtheria, Pertussis – Tetanus – Hepatitis B – Haemophilus Influenza type b (DPT-VGB – Hib)

2

TECHNICAL PARAMETERS OF THE GOODS

 

2. Type of vaccine

completely liquid combination vaccine

not completely liquid combination vaccine

 

3. Packaging method

-Clear (no-colour) transparent glass bottles with single dose
-Packaged in accordance with manufacturer’s specification, with Vietnamese directions for use in every box container, marked with the words “Vaccine use in the Expanded Vaccination Programme. Not for sale”

-coloured, not transparent glass bottles, with multiple dose in one bottle
– Package compatible with manufacturer’s specification, without Vietnamese directions for use in box container. Without markings of “Vaccine use in the Expanded Vaccination Programme. Not for sale”

 

4. Hib recognition

Positive

Negative

 

5. Tetanus toxicity range recognition

Positive

Negative

 

6. Diphtheria toxicity range recognition

Positive

Negative

 

7. Pertussis toxicity range recognition

Positive

Negative

 

8. HBV toxicity range recognition

Positive

Negative

 

9. Sensory appearance

White opaque liquid

Not white opaque liquid

 

10. Volume inside container

Not less than 0.5 ml

Less than 0.5 ml

 

11. Dust presence

No dust

Presence of dust

 

12. pH

6.0 – 7.0 (potential measurement)

not within 6.0 – 7.0 range (potential measurement)

 

13. Aluminium content

0.48 –0.72 mg/l

outside of 8 –0.72 mg/l range

 

14 Thiomersal content

Not greater than 12.o µg/ml

greater than 12.o µg/ml

 

15. Sterility

Absence of viruses, fungi, mycoplasma

Presence of viruses, fungi, mycoplasma

 

16. Free saccharide content

not greater than 25%

greater than 25%

 

17. Total saccharide content (basic ribitol)

16 –24 µg /l

outside of 16 –24 µg/l range

 

18. Abnormal toxicity

Non toxic

Toxic

 

19. Tempo of supply

Not more than 03 month from date of contract signing

More than 03 month from date of contract signing

 

20. Expiry duration

Vaccine upon delivery to “Expanded Vaccination” project must remain in at least 2/3 of its expiry duration

Vaccine delivered shall would be less than 2/3 of its expiry duration

 

21. Preservation

DPT-Hep B- Hib Vaccine being preserved in refrigerated storage in strict accordance with the World Health Organisation throughout the duration of shipment

Preservation of DPT-Hep B- Hib Vaccine during shipment not in accordance with World Health Organisation

 

22. Vaccine quality

Vaccine must be pre-qualified by the World Health Organisation to be supplied via the UN

Vaccine not going through pre-qualification by the World Health Organisation to be supplied via the UN

3

EVALUATION

All 22 contents are passed

Any one the 22 contents does not pass

REMARKS:

One tender offer is evaluated as “PASSED” deemed satisfactory in meeting the technical requirements (the basic requirements of the tendering dossier), shall be introduced in the short-list and moved on to the financial and commercial evaluation and the determination of the price for comparison.

Section 3. Contents of determination of the price for comparison.

No.

Content

Basis for verification

1

 

According to Section 26 of Chapter I

2

 

According to Section 27 of Chapter I

3

 

According to Section 28 of Chapter I

4

 

Sum of content values (1) +(2) +(3)

5

 

Content value (4) – Rebated value (if any)

6

 

According to Section 29 of Chapter I

7

 

According to Section 26 of Chapter I

8

Price for comparison

Sum of content values (5) or (6) [in case of required conversion of tender price after error correction and disparity adjustment for the common currency] + content values (7)

     

Chapter IV

TENDER OFFER SAMPLE


FORM No 1

TENDER APPLICATION LETTER

Date _ _ Month _ _ Year

Attention: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [the tender solicitor name]
(hereafter “the Tender Solicitor”)

After studying the tendering dossier (HSMT) and its modified dossier No. _ _ _ _ _ _ [ write the number of the modified version, if any] that we have received; We hereby, [name of tender] pledge to supply the tender package [name of tender package] in strict accordance with all requirements by the tender solicitor, of the total amount _ _ _ _ _ _ [Write the amount value in number, in words, and currency of tender (1) enclosed with a price list. The duration of the contract performance is _ _ _ _ _ _ [Write the time to implement all the works required by the tender package]

If our tender offer is accepted, we would carry out the tender guarantee as stipulated in Section 35 of Chapter I and Article 5 of the General Provisions of the tendering dossier’.

This tender offer shall be valid in the time duration of _ _ _ _ day(s) starting from _ _ _ _ hour of date _ _ month _ _ year _ _ [write the time and date of tender closing time]

Legal Representative of the Tender (2)

[the name, position, signature and seal, if any(3)]

REMARKS:

(1) In case the tendering dossier accepts offer in various currencies, the tender need to specify clearly the amount in number and in words and in the currency as offered by the tender

(2) In case the legal representative of the tender delegate their subordinate to sign the tender application letter, a letter of authorisation as in Form No 2, must be enclosed. In case the company statutes or other regulations assign the signing to a subordinate, then this instrument must be enclosed (no letter of authorisation of Form No 2 of this Chapter is needed)

In case of winning the contract, tender must produce to the investment owner all the certified copies of these documents prior to the signing of any contract. In the event of revelation that the initially declared information is not correct, the would-be tender shall be deemed as violating Clause 2 of Article 12 of the Law of Tender, and shall therefore be treated as regulated at Section 37 of Chapter I of this tendering dossier (HSMT)

(3) In case a foreign tender without an accredited seal, other evidences by a competent organisation must be supplied to prove that the signatures in the tender application letter and other documents of the tender offer belong to the legitimate representative of the tender.


FORM No 2

LETTER OF AUTHORISATION (1)

Today, date _ _ month _ _ year, at _ _ _ _

I, the undersigned: _ _ _ _ _ _ _ _ _ _ _ _ _ [name, ID or passport number, position of the legal representative of the tender], being the legal representative of _ _ _ _ _ _ _ _ _ _ _ _ [name of tender] with registered address at _ _ _ _ _ _ _ _ _ _ _ _ _ [address of tender] by way of this letter, authorises _ _ _ _ _ _ _ _ _ _ _ _ _ [name, ID or passport number, position of the authorised person] to implement the following duties in the process of participating in the competition for the tender package _ _ _ _ _ _ _ _ _ _ _ [name of tender package], belonging to project _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [name of project] organized by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [name of tender solicitor]:

– Signing the tender application letter,

-Signing official papers, documents to transact with the tender solicitor in the process of participating in the tender, including the request for clarifications on the tendering dossier (HSMT) and the explanatory notice regarding the tender offer (HSDT),
-Participating in the process of negotiation and finalisation of contracts,
– Signing proposals, petitions when need be,
-Signing the contract with the investment owner in case of being selected](2)

The above authorised person shall only carry out the duties in the scope of authorisation as the legal representative of the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [name of tender]. [Name of tender] shall be fully accountable for all the duties carried out by _ _ _ _ _ _ _ _ _ _ _ _ _ [name of the authorised person] in the scope of authorisation.

This letter of authorisation is valid from date _ _ _ to date _ _ _ (3). This letter is made into _ _ _ copies of the same legal validity, the authorising person keeping _ _ _ copies, the authorised person keeping _ _ _ copies.

The authorised person
(Name, position, signature and seal, if any)

The authorising person
(Name of legal representative of the tender, position, signature and seal)

REMARKS:

(1) The original copy of letter of authorisation must be sent to the tender solicitor together with the tender offer as regulated at Section 10, Chapter I, The authorisation from the legal representative of the tender to his or her deputy, subordinate, branch manager or head of representative office is to act in the name of this legal representative of the tender to implement one or several duties mentioned above. The seal used in the authorisation can be either that of the tender or the of unit of the concerned authorised person . The authorised person is not allowed to further delegate this authorisation to another person.

(2) Scope of authorisation includes one or several duties said above.

(3) The validity of the letter of authorisation commences and expires in compatibility with the process of participation in the tender.


LEGAL REPRESENTATIVE OF THE HEAD MEMBER OF THE PARTNERSHIP

FORM No 3

AGREEMENT OF PARTNERSHIP

Date _ _ Month _ _ Year

Tender package: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [ name of tender package]
Belonging to project _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [name of project]
– Pursuant to (2) _ _ _ _ _ _ _ _ _ _ _ _ [ Law of tender No 61/2005/QH11 dated 29/11/2005 by the National Assembly];
– Pursuant to (2) _ _ _ _ _ _ _ _ _ _ _ _ [ Law on the amendment and supplement of some provisions of the law regarding capital construction investments No 38/2009/QH12 dated 19/06/2009 by the National Assembly];
– Pursuant to (2) _ _ _ _ _ _ _ _ _ _ _ [Decree No 85/2009/NĐ-CP dated 15/10/2009 by the Government providing the guidelines for the implementation of the Law on Tender and the selection of construction tenderers in accordance with the Law of construction]

– Based on the tendering dossier for the tender package _ _ _ _ _ _ _ _ _ _ [name of package] of date _ _ month _ _ year _ _ [date of tendering dossier]

We, representing the parties for the signing of this agreement of partnership, are the following partners:
Names of members of the partnership _ _ _ __ _ _ [ name of every partner]
Represented by Mr/ Mrs _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Position: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Telephone _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Facsimile: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
E-mail _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Account _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tax code _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Letter of authorisation No. _ __ __ _date _ _ month _ _ year _ _ [in case of authorisation]
The parties (hereafter "the partners") unanimously concur on signing the partnership agreement with the following terms and conditions:

Article 1: General provision

1. All partners voluntarily establish the partnership to participate in the tender package _ _ _ _ _ __ _ [ name of tender package], belonging to project _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [name of project]
2. All partners agree to use, as the partnership’s designation in every transaction in connection with this tender package, the following name: _ _ _ _ _ _ _ _ _ _ _ _ _ [name of partnership as concurred]
3. The partners pledge not to participate, by his or her own will, or in alliance with other partners in an independent manner, to this tender package. In case of winning the tender, no partner can deny the responsibilities and obligations as stated in the agreement, unless with a written consent by all parties of the partnerships. If a partner fails to preform his or her own responsibilities, this partner shall have to:
– pay damages to other parties in the partnership
– pay damages to the investment owner as stipulated in the agreement
– other penalty [specify the penalty]

Article 2: Assignment of responsibilities

To implement the tender package _ _ _ _ _ _ _ _ _ _ _ [ name of tender package], belonging to project _ _ _ _ _ _ _ _ _ _ _ _ _ [name of project], the partners agree to assign responsibilities to each individual partners as follows:

1. The head of partnership: the parties agree to delegate to _ _ _ _ _ _ _ _ _ _ [name of one party] to be head-partner and represent the partnership in the following duties (1)

-Signing the application form to participate in the tender,
-Signing official papers, documents, to transact with the tender solicitor in the process of participating in the tender, including the request for clarifications on the tendering dossier (HSMT) and the explanatory notice regarding the tender offer (HSDT),
-Participating in the process of negotiation and finalisation of contracts,
– Signing proposals, petitions when need be,
-Other task or duties (other than signing contracts) [Specify other duties, if any]

2. All partners in the partnership: [Specify job components and their corresponding values, individual and common responsibilities, including the partnership head, preferably with the respective percentage.

Article 3. Implementation effect of agreement

1. This agreement of partnership takes effect from the signing date.

2. The agreement of partnership shall cease to have effect in the following situations:
– the parties have completed all their responsibilities and obligations and proceed to liquidity the agreement
– the parties agree to terminate this partnership agreement
– the partnership tender does not win the tender package.

– Cancellation of the tender package _ _ _ _ _ _ _ _ _ [ name of tender package], belonging to project _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [name of project] announced by the tendering solicitor.

This partnership agreement is made into _ _ _ copies, each party keeps _ _ _ copies. All copies have the same legal validity’

LEGAL REPRESENTATIVE OF THE HEAD MEMBER OF THE PARTNERSHIP

[List down each and every partner’s full name, position, signature and seal, if any]


(1) the scope of authorisation include one or several duties mentioned above.

October 4, 2012

Circular No. 31/2011/TT-BLDTBXH dated November 3, 2011

Filed under: eureka research — minhthien @ 7:40 am

 

Thứ tư, 27 Tháng 6 2012 09:21

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Circular No. 31/2011/TT-BLDTBXH dated November 3, 2011 of the Ministry of Labor, War Invalids and Social Affairs 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 AttributeEffectRelated documentsDownload

THE MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS
——-

No.: 31/2011/TT-BLDTBXH

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

Hanoi, November 03, 2011

CIRCULAR

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

Pursuant to the Decree No.186/2007/ND-CP dated December 25, 2007 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to the Decree No.34/2008/ND-CP dated March 25, 2008 of the Government defining recruitment and management of foreigners working in Vietnam;

Pursuant to the 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;

The Ministry of Labor, Invalids and Social Affairs guides 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 (hereinafter referred to as Decree No.34/2008/ND-CP amended, supplemented) as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. The scope and subjects of application

Scope and subjects of application of this Circular is the scope and subjects of application defined in Article 1 of Decree No.34/2008/ND-CP amended and supplemented, the foreign investors and contractors. Subjects of application according to the provisions at points a, and I clause 2 of Article 1 of Decree No.34/2008/ND-CP amended and supplemented, are guided the implementation as follows:

1. Enterprises operating under the Enterprise Law, Investment Law as stipulated in point a, clause 2 of Article 1 of Decree No.34/2008/ND-CP amended and supplemented, including:

a) State-owned enterprises operating under the State Enterprise Law in 2003 and now continuing to operate under the provisions of Article 166 of the Enterprise Law dated November 29, 2005;

b) Limited liability companies, shareholding companies, private enterprises and partnerships established under the provisions of the Enterprise Law in 1999 and now continuing to operate as prescribed in clause 1 of Article 170 of the Enterprises Law dated November 29, 2005;

c) Enterprises with foreign investment that have been granted investment licenses under the Law on Foreign Investment in Vietnam, including:

– Joint venture;

– Enterprises with 100% foreign capital;

– Shareholding companies with foreign investment were established under Decree No.38/2003/ND-CP dated 15/4/2003 of the Government on the conversion of a number of enterprises with foreign investment capital to operate under the form of shareholding companies;

– Investment projects in the form of business cooperation contracts already granted investment licenses under the provisions of the Law on Foreign Investment in Vietnam.

2. Society, associations of enterprises established in accordance with the law’s provisions of Vietnam as stipulated in point I clause 2 of Article 1 of Decree No.34/2008/ND-CP amended and supplemented, including:

a) The associations of enterprises established and operating under provisions of Decree No.45/2010/ND-CP dated 21/4/2010 of the Government defining the organization, operation and management of associations;

b) The associations of foreign enterprises established and operating under provisions of Decree No.8/1998/ND-CP dated 22/01/1998 of the Government promulgating the Regulation on the establishment of foreign enterprises associations in Vietnam.

Chapter 2.

RECRUITMENT AND MANAGEMENT OF FOREIGNERS WORKING IN VIETNAM

Article 2. Recruitment of foreigners working in Vietnam under the form of labor contracts

1. Registration form for labor recruitment of foreigners under the provisions in point a, clause 2 of Article 4 of Decree No.34/2008/ND-CP amended and supplemented shall comply with Form No.1 issued together with this Circular.

2. Certifications of qualifications and technical skills of foreigners under the provisions at point d, clause 2 of Article 4 of Decree No.34/2008/ND-CP amended and supplemented are the written certifications of the professional and technical skills of foreigners, including diplomas or certificates graduated from university or higher in accordance with the positions that foreigners are expected to undertake.

For some occupations, jobs, the certification of qualifications and technical skills of foreigners shall comply with the provisions at point d, clause 2 of Article 4 of Decree No.34/2008/ND-CP amended and supplemented.

3. The employer notifying the labor recruitment demand to be Vietnamese into the positions expected to recruit foreigners as stipulated in point a clause 4 of Article 4 of Decree No.34/2008/ND-CP, which was amended, supplemented, is instructed to implement as follows:

a) 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 recruited, jobs, qualifications, salary and other income, working conditions and some other contents if the employer requests.

Where the employer has notified for at least 02 (two) numbers of central newspaper and 02 (two) numbers of local newspaper of the recruitment of Vietnamese labor in accordance with provisions but still cannot be recruited, within 36 (three thirty six) months since the last notice, the employer shall be entitled to recruit foreigners and not required to notify the labor recruitment demand in the central and local newspapers.

b) Dossier request for granting work permits to foreigners who are employed in the form of labor contracts as prescribed in Article 4 of Decree No.34/2008/ND-CP amended and supplemented and for foreigners who were granted work permits under the provisions of point b, clause 3 of Article 9 of Decree No.34/2008/ND-CP amended, and supplemented shall be accompanied documents to prove that the employer has notified the labor recruitment demand to be Vietnamese into the positions expected to recruit foreigners as stipulated in point a clause 3 of this Article.

4. The papers prescribed at the points b, c and d, clause 2 of Article 4 of Decree No.34/2008/ND-CP amended and supplemented, are instructed to implement as follows:

The papers prescribed at points b, c and d, clause 2 of Article 4 of Decree No.34/2008/ND-CP amended and supplemented in foreign language must be translated into Vietnamese, notarized or certified. The consular legalization of foreign documents is done in accordance with the laws of Vietnam.

5. The conclusion of labor contracts as prescribed at point d, clause 4, Article 4 of Decree No.34/2008/ND-CP amended and supplemented is instructed to implement as follows:

After the foreigner was granted work permit, the employer and foreigner must sign the labor contract in writing in accordance with provisions of labor legislation of Vietnam before the date expected to work for the employer. 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.

Article 3. Foreigners entering Vietnam to carry bidding packages or projects of foreign contractors won the bidding in Vietnam

1. The plan to use labor in the tendering documents, requiring records of the investors as stipulated in clause 1, Article 6a of the Decree No.34/2008/ND-CP amended and supplemented, shall comply with Form No.2 attached to this Circular.

2. Foreign contractors report and propose in writing to the Chairmen of the People’s Committees of provinces and cities directly under the Central Government under provision in clause 3, Article 6a of the Decree No.34/2008/ND-CP amended, supplemented, is guided to implement as follows:

Within 30 (thirty) days before the foreign contractors implement the bidding package or the projects won bidding, the foreign contractors are responsible for reporting and proposing in writing to the Chairmen of People’s Committees of provinces, centrally-run cities, where the foreign contractors made bidding packages or projects won the bidding on the recruitment of Vietnamese labor certified by the investor on the plan to use labor which has been declared in the tendering dossier, proposal dossier shall comply with Form No.3 issuing together with this Circular.

Where foreign contractors wish for adjusting and supplementing the number of employees determined in the tendering dossier, proposal dossier, they must report to the local Department of Labour – Invalids and Social Affairs, where the foreign contractors made the bidding package or the project won the bidding on the plan of adjustment and supplementation for the demand using labor and with certification of the investor according to form No.4 issued together with this Circular.

3. Introduction, supply of Vietnamese labor at the request of foreign contractors as stipulated in clause 4, Article 6a of the Decree No.34/2008/ND-CP amended and supplemented, is guided to implement as follows:

Within a maximum period of 60 (sixty) days from the date that Presidents of Committees of provinces and cities under central authority receive the written requests to recruit from 500 (five hundred) Vietnamese employees or more and 30 (thirty) days for the written requests to recruit under 500 (five hundred) Vietnamese employees but may not introduce or supply Vietnamese labor for foreign contractors according to the above the written requests, the Presidents of the People’s Committees of provinces and cities under central authority shall consider and permit the foreign contractors to recruit foreigners into the jobs which may not be recruited Vietnamese employees including: job titles, number, professional qualifications and experience, the job duration.

4. For foreign contractors that are carrying out the projects or the successful bidding packages prior to the Decree No.46/2011/ND-CP dated 17/6/2011 of the Government (01/8/2011) takes effect, within 30 (thirty) days from the effective date of this Circular, foreign contractors shall report on the current state of Vietnamese labor and foreigners working in the bidding packages or the projects won bidding including: the number, nationality, qualifications, job titles, number of people granted work permits, number of people not subject to work permits and the number of people who have not yet done the grant of work permits, stating clearly the reasons and remedies; report the plans to use foreigners and Vietnamese labor until the end of the project or package to the Chairman of People’s Committee of province or city under central authority where the bidding package or successful bidding project is implemented, which clearly state the need for Vietnamese labor recruitment to replace workers as foreigners who are working and the positions expected to recruit foreigners. Where it is unable to introduce or supply Vietnamese labor to the foreign contractors, the President of the People’s Committee of province, city under central authority shall consider and decide on permitting the foreign contractors to use foreigners into the jobs that may not be recruited Vietnamese labor.

Article 4. Foreigners entering into Vietnam to work, offer services

Foreigners Foreigners entering into Vietnam to work, offer services as stipulated in Article 7 of Decree No.34/2008/ND-CP amended and supplemented, is guided to implement as follows:

At least 07 (seven) working days before the foreigners come to offer services, they must notify in writing through forms of sending directly or sending via mail, fax to the local Department of Labor – Invalids and Social Affairs where the foreigners are expected to offer services with details: full name, age, nationality, passport number, starting date and ending date of work, specific work of the foreigners according to Form No.5 issued together this Circular.

Article 5. Foreigners working in Vietnam not required having work permits

1. A duration of less than 03 (three) months as stipulated in point a clause 1 of Article 9 of Decree No.34/2008/ND-CP amended and supplemented, is guided to implement as follows:

A duration of less than 03 (three) months is defined as a continuous time from the date the foreigners begin to enter Vietnam to work for the employer, Vietnam partner or representative of foreign NGOs to such day of the third month minus one day.

Foreigners entering Vietnam to work for a duration of less than 03 (three) months must comply with the provisions of the points a and b, clause 4, Article 4 of Decree No.34/2008/ND-CP amended, supplemented.

2. Foreigners as Chiefs of Representative Offices, Chiefs of Project Offices or foreigners who are authorized by foreign non-governmental organizations to be representatives for the operations in Vietnam as stipulated in point h, clause 1, Article 9 of Decree No.34/2008/ND-CP amended and supplemented are the foreigners to be determined in the licenses of establishing representative offices, licenses of establishing project offices, operation licenses of foreign non-governmental organizations permitted to establish and operating in accordance with the laws of Vietnam.

3. Foreigners as prescribed at points b, c and d, clause 1, Article 9 of Decree No.34/2008/ND-CP amended and supplemented shall not make procedures for work permits when working in the enterprises and organizations. In case foreigners mentioned above work in the other enterprises and organizations in Vietnam from adequate three months or more, must make procedures for work permits.

Article 6. Form of work permit

1. Form of work permit under the provisions of clause 2 of Article 9 of Decree No.34/2008/ND-CP amended and supplemented, is guided to implement as follows:

a) The formality of work permit:

Work permit is A4 size (21 cm x 29.7 cm), consisting of four pages; pages 1 and 4 are green of peace, coated with plastic; page 2 and page 3 have white font, pattern is light blue star-shaped in the center.

b) Contents of work permit shall be applied to Form No.6 attached to this Circular.

2. Work permit shall be printed and issued uniformly by the Department of Employment under the Ministry of Labor, War Invalids and Social Affairs.

Article 7. Grant of work permit

1. A written request for a work permit of the employer, Vietnam side partner or representative of foreign non-governmental organization in the dossier as prescribed in point a clause 3 of Article 9 of Decree No.34/2008/ND-CP amended and supplemented shall comply with Form No.7 issued together with this Circular.

2. A slip of justice record and health certificate as provided for in points b and c, clause 2 of Article 4 of Decree No.34/2008/ND-CP amended and supplemented granted by the competent agency within a period of 180 (one hundred eighty) days, from the date of the application for grant of work permit.

3. The places where foreigners often work as stipulated in point a, clause 5 of Article 9 of Decree No.34/2008/ND-CP amended and supplemented are defined as the places where foreigners have full-time work for the employers or Vietnam side partner, representatives of foreign non-governmental organizations in a province or city under central authority.

4. Foreigner who has been granted work permit, but it has expired or is invalid under the provisions of point b, clause 3 of Article 9 of Decree No.34/2008/ND-CP amended, supplemented has the need to work for other enterprise in the same position as stated in the work permit, within 30 (thirty) days from the date the work permit expires or is invalid, it must have papers as prescribed at points c and d, clause 2 of Article 4 of Decree No.34/2008/ND-CP amended and supplemented and work permit issued or a copy of a work permit issued.

Article 8. Renewal of work permit

1. Dossier of application for renewal of work permit for foreigner working in the form of labor contract as stipulated in point a, clause 2 of Article 10 of Decree No.34/2008/ND-CP amended, supplements, including:

a) A written request for extension of work permit of the employer by Form No.8 attached to this Circular;

b) A copy of the vocational training contract signed between enterprise and Vietnamese workers to train Vietnamese Labor for replacing jobs that foreigners are undertaking or documents to prove the implementation of program and plan to train Vietnamese workforce in accordance with clause 1 of Article 132 of the Labor Code to replace the jobs that foreigners who are in charge of. Contents of program, training plan include: the number of people should be trained in each position, time and form of training, place of training and the implementation of training and training results;

c) A copy of labor contract;

d) The work permit has been issued;

2. Dossier of application for renewal of work permit for foreigner to move internally within the enterprise, includes:

a) A written request for extension of work permit of the representative of foreign enterprise established a commercial presence in the territory of Vietnam in accordance with Form No.8 attached to this Circular;

b) Documents to prove foreigner to move internally within the enterprise continuing to work in Vietnam;

c) The work permit has been issued.

3. Dossier of application for renewal of work permit for foreigner under the provisions of point b, clause 2 of Article 10 of Decree No.34/2008/ND-CP amended and supplemented, includes:

a) A written request for extension of work permit of the Vietnam side partner by Form No.8 attached to this Circular;

b) A copy of the contract signed between the Vietnam side and foreign side;

c) The work permit has been issued.

Article 9. Re-issuance of work permit

A written request for re-issuance of work permit of foreigner as prescribed in point a clause 2 of Article 11 of Decree No.34/2008/ND-CP amended and supplemented, shall comply with Form No.9 attached to this Circular.

Article 10. Use of work permit

1. Use of work permit as prescribed in clause 1 of Article 13 of Decree No.34/2008/ND-CP amended and supplemented, is guided to implement as follows:

Foreigner shall be responsible for keeping work permit granted when it is still valid. Not later than 02 (two) days after the work permit has expired or is invalid, the foreigner must submit the work permit to the employer or Vietnam side partner, representative of foreign NGO.

2. The notice in writing for the case foreigners come to work as prescribed in clause 3 of Article 13 of Decree No.34/2008/ND-CP amended and supplemented, is guided to implement as follows:

When the foreigner comes to work in the provinces and cities under central authority (not the province or city where foreigner often works) from 10 (ten) consecutive days or more or 30 (thirty) days accumulated in 01 (one) year, the employer or Vietnam side partner, representative of non-governmental organization shall notify in writing of foreigner coming to work, with the contents: full name, age, nationality, passport number, number of work permit granted, the starting and finishing date of work, the undertaken work and the place to work of foreigner by the form No.10 attached to this Circular and enclosing the copy of work permit granted to the Department of Labor, War Invalids and Social Affairs where foreigner comes to work.

Article 11. Foreigners who are wives, husbands of members of diplomatic missions, foreign consulates, representatives of intergovernmental international organizations; pupils and students coming to practice at the enterprises, agencies and organizations in Vietnam

1. For foreigners who are wives, husbands of those who are enjoyed consular, diplomatic privileges and immunities working for the enterprises, organizations in Vietnam as stipulated in clause 1 of Article 20 of Decree No.34/2008/ND-CP amended and supplemented, is guided to implement as follows:

a) In case agreement between Vietnam and the concerned country does not define the exemption from granting work permits for the objects as the husbands, intergovernmental wives of members of diplomatic missions, representatives of international organizations working in Vietnam, the application dossiers for recruitment of such persons include the papers prescribed at points c, d and đ, clause 2 of Article 4 of Decree No.34/2008/ND -CP amended, supplemented and attached the copies of documents of the Ministry of Foreign Affairs (Department of State Protocol) answering the diplomatic missions, foreign consulates, representatives of , intergovernmental international organizations for the foreigners permitted to work in Vietnam under the relevant international agreements, and to present the originals for comparison.

b) The duration of work permit issued shall not exceed the duration of stay of wife, husband and for a maximum period of not exceeding 36 (thirty six) months;

c) The order for work permits shall comply with clause 5 of Article 9 of Decree No.34/2008/ND-CP amended and supplemented;

d) Where a foreigner granted a work permit is no longer subject to permission for working under an agreement between Vietnam and concerned country, the Ministry of Foreign Affairs (Department of State Protocol) sends a written notice to the Department of Labour – Invalids and Social Affairs where has issued the work permit for withdrawing the person’s.

2. For foreigners as students, students studying in foreign schools, training institutions coming to Vietnam to practice as prescribed in clause 1 of Article 20 of Decree No.34/2008/ND-CP amended and supplemented, it is instructed to implement as follows:

Enterprises, agencies and organizations in Vietnam having the foreigners as pupils and students studying in foreign schools, training institutions coming to practice, before the 7 (seven) days (working days), from the date pupils, students come to practice, the enterprises, agencies and organizations are responsible for reporting the brief list under Form No.11 issued with this Circular.

Chapter 3.

IMPLEMENTATION ORGANIZATION

Article 12. Responsibilities of People’s Committees of provinces and cities directly under the Central Government

1. To direct the local functional agencies to organize the propagation, dissemination of law; examination, inspection; and handling of violations of regulations on the recruitment and management of foreigners working in the area.

2. To direct the local Departments of Labour – Invalids and Social Affairs and concerned agencies and organizations to introduce and supply the Vietnamese employees to the foreign contractors under the provisions of clause 4 of Article 6a of the Decree No.34/2008/ND-CP amended and supplemented.

3. To consider and decide the permission of foreign contractors to be recruited foreigners into the jobs that may not be recruited Vietnamese employees as stipulated in clause 4, Article 6a of the Decree No.34/2008/ND-CP amended and supplemented.

Article 13. Responsibilities of the Departments of Labor, War Invalids and Social Affairs

1. To organize the propagation and dissemination of the provisions of Vietnam labor law to the enterprises, organizations, investors, contractors and workers in the area.

2. To receive dossiers and grant work permits, extend work permits, regrant work permits for foreigners in accordance with the law provisions. Upon receipt of dossiers requesting for issuance of work permits, dossiers requesting for the extension of work permits, dossier requesting for re-grant of work permits, it must record into the monitoring book and give receipts to the employers or Vietnam side partners, representatives of foreign nongovernmental organizations. The receipt must be stated clearly the date, month, year of receipt of dossier, the documents attached to dossier and the reply period. To keep dossiers of issuance of work permits, dossiers of the extension of work permits, dossiers of re-issuance of work permits.

3. To implement the introduction and supply of labor for foreign contractors under the direction of the Presidents of the People’s Committees of provinces and cities under central authority.

4. To guide, supervise and inspect the implementation of the provisions of law regarding the recruitment and management of foreigners working in Vietnam of the enterprises, agencies, organizations, projects and bidding packages won by the foreign contractors in the area; the case of expiry or invalidity of work permits.

5. Periodically before the 5th (fifth) every month, the Department of Labor, War Invalids and Social Affairs shall send a list of foreigners who have been granted, extended and regranted work permits to the management agencies of local immigration under the Form No.12 issued together with this Circular.

Article 14. Responsibilities of the employers, Vietnam side partner and foreign non-governmental organizations

1. Strictly comply with the provisions of labor law of Vietnam and other related laws of Vietnam.

2. The recruitment of foreigners through job placement organizations is made with Job Placement Centre of the local Department of Labor, War Invalids and Social Affairs under the labor contract by form No.13 issued together with this Circular.

3. To conduct the procedures for grant of work permits, extension of work permits and re-granting of work permits to foreigners working in Vietnam.

4. To fulfill labor contracts signed with foreigner working in Vietnam as stipulated by law provisions; to send a copy of labor contract had been signed to the agency issued work permit for such foreigner.

5. To manage registration dossiers for recruitment of foreigners working in Vietnam, and must often supplement papers related to foreigners during the working process in Vietnam.

6. To manage foreigners working at the enterprises and organizations.

7. Within 15 (fifteen) days for the cases the work permit has expired or was invalid under the provisions of Article 12 of Decree No.34/2008/ND-CP amended and supplemented, the employer or Vietnam side partner, representative of foreign nongovernmental organization must submit written reports to the Department of Labor, War Invalids and Social Affairs where has issued work permit on the cases the work permit has expired or was invalid and enclosed work permit expired or invalid, in case of not enclosed work permit, it must state clearly the reason.

8. To report the brief list for foreigners working in Vietnam not required for work permit as prescribed in clause 1 of Article 9 of Decree No.34/2008/ND-CP amended and supplemented by Form No.11 issued with this Circular and enclosed the papers of foreigners in accordance with clause 6 of Article 9 of Decree No.34/2008/ND-CP amended and supplemented to the Department of Labor – Invalids and Social Affairs where its headquartered is located or place where foreigners often work.

9. To pay fees for grant of work permits, extension of work permits and regrant of work permits under the provisions of law on charges and fees.

10. Every year on December 15, the employer shall register demand of recruitment and use of foreigners of the the following year as stipulated in clause 7 of Article 19 of Decree No.34/2008/ND-CP amended and supplemented on the number, qualifications, experience, salary, working hours (starting and ending) according each job with the local Department of Labor, War Invalids and Social Affairs in accordance with Form No.14 issued together with this Circular. In case of changing the demand of using foreigners, the employer must register to supplement demand of using foreigners prior to at least 30 (thirty) days from the date the employer inform the demand to recruit foreigners to the local Department of Labor, War Invalids and Social Affairs under Form No.15 issued together with this Circular.

Article 15. The liability of the foreigners

1. To research sufficiently provisions of the law of Vietnam provided for by the employers or Vietnam side partners, representatives of foreign nongovernmental organizations, and to prepare the necessary papers and comply with the law provisions on recruitment and management of foreigners; to fully implement the provisions of the law of Vietnam.

2. To apply for registration for recruitment, prepare the necessary papers in the dossiers requesting for issuance of work permits, the extension of work permits and regrant of work permits under the regulations. 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.

Article 16. Periodical report

1. Investors are responsible for implementing the regime of periodic report before the 5th of first month, quarterly to the Department of Labor, War Invalids and Social Affairs on the recruitment and management of foreigners working for the foreign contractors of the preceding quarter as specified in clause 6 of Article 6a of the Decree No.34/2008/ND-CP amended and supplemented shall comply with Form No.16 issued together with this Circular.

2. Department of Labour – Invalids and Social Affairs is responsible for implementing the regime of periodic report before January 15 every year to the Ministry of Labor, War Invalids and Social Affairs (Employment Department) on the registration of recruitment demand and use of foreigners of employers, Vietnam side partners, foreign non-governmental organizations in the area under Form No.17 issued together with this Circular. To make the regime of report every six months, before July 15 and annually, before January 15 and annually to the Ministry of Labor, War Invalids and Social Affairs (Employment Department) on the situation of foreigners working in the enterprises, organizations and foreigners working for the foreign contractors in the management area by Form No.18 attached to this Circular.

3. The employers, Vietnam side partners, foreign non-governmental organizations are responsible for implementing the regime of report every six months, before July 5, and every year, before January 05 to the Department of Labor – Invalids and Social Affairs where the enterprises, organizations locate their headquarters or operate regularly on the use of foreigners under the form No.19 attached to this Circular. And make extraordinary reports at request of the State management agency of labor on the use situation of foreigners.

Article 17. Effect

1. This Circular takes effect from December 18, 2011.

2. This Circular replaces the Circular No.08/2008/TT-BLDTBXH dated June 10, 2008 of Ministry of Labor, War Invalids and Social Affairs guiding the implementation of some Articles of Decree No.34/2008/ND-CP dated March 25, 2008 of the Government defining the recruitment and management of foreigners working in Vietnam.

In the implementation process if any problems arise, the concerned bodies should reflect to the Ministry of Labor, War Invalids and Social Affairs for guidance, timely supplementation./.

FOR MINISTER
DEPUTY MINISTER
Nguyen Thanh Hoa

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