1. Definitions of the diplomatic, consular staff
Article 4 of the Ordinance stipulates that:
The members of the staff of the mission are the members of the diplomatic staff, of the administrative and technical staff and of the service staff of the mission.
The members of the consular post means consular officers, consular employees and members of the service staff.2. Military Attaché
The appointment of Defence, Naval, Air Force and Army Attachés (hereinafter referred to as Military Attaché) at a foreign diplomatic mission in Viet Nam is subject to the approval of the Government of Viet Nam.
Procedures of approval: the MOFA or diplomatic mission of the sending State in Viet Nam shall submit a note requesting approval and a brief biography of the nominee to Directorate of State Protocol. Directorate of State Protocol shall inform the sending State of the formal approval by a note. 3. Family members
Family members of diplomatic agents, administrative and technical staff of the diplomatic missions, consular posts are spouses and children under 18 years old forming part of their households. 4. Private servants 4.1.
Private servants are those who work for a member of the diplomatic mission or consular post and are paid by the member. 4.2.
Private servants who are foreign nationals shall have to register for residence at Directorate of State Protocol and to be provided with ID cards. 4.3.
In accordance with the Labour Code of Viet Nam, employer shall be responsible for paying social insurance for private servant and making sure that the private servant affords to leave Viet Nam once he/she is to expatriate or the contract terminates. 4.4.
ID card of the private servant shall be valid during the term of his/her employer. The holder should keep the ID card until he/she leaves Viet Nam or the labour contract terminates.
Within 7 days after the labour contract terminates or he/she leaves Viet Nam, representative missions of the employers shall send the ID card of the private servant to Directorate of State Protocol. 5. Internationally recruited staff
According to the Vietnamese laws, foreign citizens are not allowed to find jobs in Viet Nam, including at the diplomatic missions, consular posts or representative offices of international organizations in Viet Nam.
If other regulations do not stipulate otherwise, diplomatic missions, consular posts or representative offices of international organizations are not permitted to recruit foreign citizens in Viet Nam which is not in accordance with the purposes of entry.
If the diplomatic mission, consular post or representative office of international organization in Viet Nam recruits citizens of their countries or from a third country, this person shall follow procedures to apply for other residence purposes, which is subject to approval of the MOFA or Immigration Department of the Public Security Ministry. 6. Locally recruited staff6.1.
Definitions and applicable rules 6.1.1.
Local staff of diplomatic missions, consular posts or representative offices of international organizations are Vietnamese citizens recruited to work for the mentioned organizations.
Only those who meet the requirements set in the Vietnamese laws and regulations are eligible to work for foreign organizations/individuals (Article 1 and article 5 of Decree No 85/1998/ND-CP dated October 20, 1998 by the Government of Viet Nam).6.1.2.
According to the Labour Code of Viet Nam and Decree No 85/1998/ND-CP, the supply of Vietnamese labour force to foreign organizations/ individuals shall be conducted on the basis of contracts between supplying agencies and foreign organizations/individuals.
In case when the recruitment period stipulated under the labour supplying contract has terminated and the supplying organization fails to meet the requirements of the foreign organization/individual, the latter shall be able to recruit other Vietnamese workers and shall transfer the files to the supplying agency for processing in accordance with Decree No 85/1998/ND-CP. 6.1.3.
Labour contracts between employees and foreign organizations/individuals shall follow the model contract issued by the Ministry of Labour, Invalids and Social Affairs of Viet Nam (MOLISA). Vietnamese labour could only conclude labour contract with foreign organizations/individuals on the basis of recommendations by the labour supplying agency and without violating labour
supplying contracts under the Decree 85/1998/ND-CP and the Circular No 9/1999/IT-BLDTBXH by the MOLISA on 15 March 1999.
According to the Vietnamese laws, labour contract is compulsory. Therefore, the employers shall sign labour contract with the local employees. Labour contract is comprised of the following contents:
The contract shall be applicable in accordance with the Vietnamese laws (unless otherwise stipulated by the international conventions and agreements that Viet Nam have signed or acceded to).
- Title and assigned work
- Wage and benefits
- Compulsory social insurance and health insurance
- Working time and holidays
- Dismissal allowance
- Health insurance
- Dispute settlement mechanism6.3.
Income tax of local employees
The employees who are the Vietnamese citizens recruited to work for diplomatic missions, consular posts and international organisations or work for the members of the said organisations shall have the duty to pay income tax in compliance with the Vietnamese laws (unless otherwise stipulated by the international conventions and agreements that Viet Nam have signed or acceded to).
All details related to the local employees can be found through the labour suppliers as follows:6.4.
The MOFA of Viet Nam appointed and authorized 3 agencies to be responsible for the supply and management of the Vietnamese employees working for the Foreign organisations mentioned in Item 1, 2 and 3 of Article 2 in Decree 85/1998/NDCP as stipulated in the Decision 1974/QD-BNG dated 24th December 1998, Decision 1973 QD-BNG dated 29th December 1998 and Decision 10/QD-BNG dated 6th January 1999 by Minister of Foreign Affairs.
- Service Department for Diplomatic Corps (SDDC): This Department, under the Ministry of Foreign Affairs, is headquartered in Ha Noi and responsible for selecting, supplying the Vietnamese labours for foreign organisations and individuals in Ha Noi and provinces from Quang Binh northwards.
- Foreign Organizations Service Company (FOSCO): This company is located in Ho Chi Minh City and provides services for all foreign organisations and individuals in Ho Chi Minh city and provinces from Binh Phuoc, Dong Nai, Ba Ria - Vung Tau southwards .
- Service Centre for Da Nang Foreign Affairs (SCEDFA): This center is located in Da Nang City and selects and supplies labour for foreign organisations and individuals in Da Nang and the central provinces from Quang Tri to Binh Thuan.7. Visas7.1.
Members of diplomatic missions, consular posts, representative offices of international organisations and their family members and private servants shall apply for visa before entering Viet Nam except the cases in which Viet Nam and the sending State having agreement of visa exemption. Visa application shall be submitted to the diplomatic missions or the consular posts of Viet Nam in the sending State or a third country if there is no diplomatic mission of Viet Nam in the sending State.7.1.2.
Visa application of the private servants shall be attached with the copy of their employers’ appointment decision and their labour contract or labour agreement.7.1.3.
If the diplomatic mission, consular post, representative office of international organisation changes their members or invite foreigners to work for them, they shall send a note to the Consular Department or the city’s Department of Foreign Affairs where the consular posts located (Department of Foreign Affairs of Ho Chi Minh city or Da Nang city).
The note should include full name, date of birth, position, nationality, number and type of passport, purpose of immigration, duration of stay in Viet Nam and visa issuing place of the invited person. If member of diplomatic missions invite their guests to Viet Nam, their diplomatic mission shall comply with the procedures as mentioned above.7.1.4.
After the issuance of their identity card, members of diplomatic missions, consulars posts and their family members shall be granted multiple-entry visas valid for 1 year and renewed year by year. The Consular Department of the
MOFA, the Department of Foreign Affairs of Ho Chi Minh city, the Department of Foreign Affairs of Da Nang city shall be in charge of visa issuance.7.2.
If members of diplomatic mission and their family members, private servants and guests entering Viet Nam to work with or to visit members of diplomatic missions apply for or renew the permit of residence, their missions shall send a note to Directorate of State Protocol.7.2.2.
If the foreigners having temporary residence in Viet Nam apply for other purposes of temporary residence to work as members of diplomatic missions, the diplomatic mission shall send a note attached with their application and passport to Directorate of State Protocol.
The note shall include full name, date of birth, nationality, number and type of passport, occupation, address and reasons of applying for other purposes of temporary residence.7.2.3.
If foreigners having temporary residence in Viet Nam apply for other purposes of temporary residence to work for diplomatic missions (except for members of diplomatic mission), the missions shall send a note attached with their passports to the Immigration Department, which includes the following details:
Full name, date of birth, nationality, number and type of passport, occupation, address in Viet Nam and reasons for changing purposes of temporary residence.8. Registration for residence and identity card8.1.
Registration of residence8.1.1.
Diplomatic missions and representative offices of international organisations in Ha Noi have the responsibility to notify to Directorate of State Protocol and the consular posts have the responsibility to notify the Department of Foreign Affairs in cities/provinces where they are located of arrival, departure, changes in positions of members, arrival and departure of their family members and foreign private servants.8.1.2.
Application for residence includes a note sent to Directorate of State Protocol with two residence application forms issued by Directorate of State Protocol, passport and 2 photos (3 cm x 4 cm). Notification of departure/completion of term includes a note sent to Directorate of State Protocol with identity card to return.8.1.3.
Time of notification is within one week after arrival or before departure.8.2.
Issuance of Identity Cards8.2.1.
Identity cards issued for members of diplomatic missions, consular posts, representative offices of international organisations in Viet Nam and their family members and private servant consist of five types as follows:
- Diplomatic identity card
- Consular identity card
- Official identity card
- Honorary consular identity card
- Identity card8.2.2.
Directorate of State Protocol shall issue identity cards for members of diplomatic missions, representative offices of international organisations in Ha Noi and their family members;
the Department of Foreign Affairs of Ho Chi Minh City shall issue identity cards for members of consular posts located in Ho Chi Minh City and their family members;
the Department of Foreign Affairs of Da Nang City shall receive applications and related documents for residence registration and send to Directorate of State Protocol for the issuance of identity cards for members of consular posts in Da Nang City and their family members. Identity cards shall be issued within 10 days after receiving application.8.2.3.
Identity cards for children from 14 to 17 years of age shall be identical to those of their parents.8.2.4.
Identity cards shall not be issued for the local staff. The labour suppliers appointed or mandated by the MOFA having responsibility to complete labour registration procedures for the Vietnamese employees in accordance with regulations in Degree 85/1998/ND-CP.8.2.5.
Renewal, change or loss of identity card and residence registration:
- The expiry date is stated in identity cards and residence registration. At least 2 months before the expiry date of identity cards, diplomatic mission shall send a note to the issuers attached with 1 photo (3 cm x 4 cm) and the issued identity card for renewal.
- If the position of member changes, mission, post or office shall send a note to the issuer to request for the change of identity card attached with 1 photo (3 cm x 4 cm).
- In case of loss of identity card, mission, post or office shall send a note to the issuer informing of the loss and requesting the issuance of other identity card attached with a passport, 1 photo (3 cm x 4 cm) and a copy of the identity card lost report certified by the police. New identity card shall be issued within one month after the issuer receives the note.