Dossier and Procedures for Registering Employment Contracts of Interns for 90 Days or More According to the Latest Regulations – How to Implement?
How is the procedure for registering contracts for receiving interns for 90 days or more implemented?
Based on the provisions in Subsection 2, Section 1, Part 2 of the Administrative Procedures issued with Decision 58/QD-LDTBXH in 2022, the procedure for registering contracts to receive interns for 90 days or more is implemented as follows:
Step 1. The enterprise submits 01 set of applications directly or via postal service to the Ministry of Labour, Invalids and Social Affairs or online on the database system of Vietnamese workers going abroad under contracts.
Step 2. Within 05 working days from the date of receiving a complete and valid application, the Ministry of Labour, Invalids and Social Affairs responds in writing to the enterprise; if not approved, the reasons must be clearly stated.
The procedure for registering contracts to receive interns for 90 days or more is implemented through the following methods: Directly, via postal service, or online.
How are documents and procedures for registering contracts to receive interns for 90 days or more implemented under the latest regulations?
What does the application for registering contracts to receive interns for 90 days or more include?
Based on the provisions in Subsection 2, Section 1, Part 2 of the Administrative Procedures issued with Decision 58/QD-LDTBXH in 2022, the application requirements are as follows:
2.3. Components and quantity of the application:
a) Components of the application include:
- Written registration for the contract to receive interns (according to Form 04, Appendix I issued with Circular 21/2021/TT-BLDTBXH);
- A notarized copy of the contract to receive interns accompanied by a certified translation in Vietnamese;
- Documents proving the dispatch of Vietnamese workers to work abroad in the form of training, improving professional skills in accordance with the laws of the receiving country as prescribed in Article 6 of Circular 21/2021/TT-BLDTBXH, specifically including one of the following papers:
+ 01 certified copy of the document allowing the receiving training establishment to accept foreign workers issued by the competent authority of the host country.
+ Other documents proving that the receiving training establishment is permitted to accept workers according to the regulations of the host country;
- A certified copy of the Business Registration Certificate;
- Documents proving the enterprise's escrow as per Form 11, Appendix I issued with Decree 112/2020/ND-CP.
b) Quantity of the application: 01 (one) set.
The application components for registering contracts to receive interns for 90 days or more include:
- Written registration for the contract to receive interns
- A notarized copy of the contract to receive interns accompanied by a certified translation in Vietnamese;
- Documents proving the dispatch of Vietnamese workers to work abroad in the form of training, improving professional skills in accordance with the laws of the receiving country as prescribed in Article 6 of Circular 21/2021/TT-BLDTBXH, specifically including one of the following papers:
+ 01 certified copy of the document allowing the receiving training establishment to accept foreign workers issued by the competent authority of the host country.
+ Other documents proving that the receiving training establishment is permitted to accept workers according to the regulations of the host country;
- A notarized copy of the Business Registration Certificate;
- Documents proving the enterprise's escrow as per Form 11, Appendix I issued with Decree 112/2020/ND-CP.
What are the requirements and conditions for implementing the procedure for registering contracts to receive interns for 90 days or more?
Based on the provisions in Subsection 2, Section 1, Part 2 of the Administrative Procedures issued with Decision 58/QD-LDTBXH in 2022, the requirements and conditions for implementing the procedure for registering contracts to receive interns for 90 days or more are as follows:
- The enterprise sending Vietnamese workers to work abroad in the form of training, improving professional skills must meet the following conditions:
+ Have a contract to receive interns with the overseas training institution to dispatch Vietnamese workers to work abroad in the form of training, improving professional skills in compliance with the Law on Vietnamese Workers Working Abroad under contract, registered with the competent state authority.
+ Have an escrow amount to implement the internship contract equal to 10% of a one-way economy class plane ticket from the workplace to Vietnam, calculated according to the number of workers going abroad under the internship contract.
+ Only send workers who have a labor contract and an overseas vocational training contract for an internship to improve their skills at an overseas receiving training establishment under the contract to receive interns.
+ The specific profession, occupation, and job of the Vietnamese worker going abroad in the form of training, improving professional skills must be consistent with the business field of the enterprise.
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