Thông tư liên tịch 15/2012/TTLT-BLDTBXH-BCA-BNG

JOINT CIRCULAR

GUIDING A NUMBER OF ARTICLES IN THE AGREEMENT BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE GOVERNMENT OF NEW ZEALAND ON THE WORKING HOLIDAY SCHEME

Pursuant to the Agreement between the Government of the Socialist Republic of Vietnam and the Government of New Zealand, signed on December 29, 2011, on the Working Holiday Scheme (hereinafter referred to as  the Agreement);

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

Pursuant to the Government's Decree No. 77/2009/ND-CP dated September 15, 2009, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

Pursuant to the Government's Decree No. 15/2008/ND-CP dated  February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

Pursuant to the Government's Decree No. 21/2011//ND-CP dated May 28, 2001, detailing the implementation of the Ordinance on the entry, exit and residence of foreigners in Vietnam;

The Minister of Labor, War Invalids and Social Affairs, the Minister of Public Security and the Minister of Foreign Affairs guide a number of articles in the Agreement between the Government of the Socialist Republic of Vietnam and the Government of New Zealand on the Working Holiday Scheme as follows:

Article 1. Scope and subjects of application

1. This Joint Circular prescribes the procedures for issuing working holiday licenses (hereinafter referred to as licenses) and entry visa to New Zealand’s citizens working during their holidays in Vietnam.

2. This Circular is applicable to New Zealand’s citizens who work in Vietnam during their holidays (hereinafter referred to as New Zealand’s citizens); agencies, organizations and enterprises (hereinafter referred to as employers) in Vietnam that employ New Zealand’s citizens.

Article 2. Conditions for issuing licenses

The conditions for issuing licenses are specified in Article 5 of the Agreement, and Points (g) and (k) of Article 5 are guided as follows:

1. New Zealand’s citizens having documents proving that they have opened bank accounts in New Zealand that are accessible through banks in Vietnam with the minimum balance of 4,200 NZD.

2. They are issued with health certificates  under New Zealand’s law. These health certificates must be issued within 180 (one hundred and eighty) days preceding the day of applying for the license.

Article 3. Application for the license

A New Zealand’s citizen shall send directly or by post an application to the Embassy of Vietnam in New Zealand. The application includes:

1. A written request for the working holiday license, made under the form No. 01 promulgated together with this Circular;

2. A copy of passport of the New Zealand’s that is valid for at least on month longer than the requested term of the license;

3. A health certificate specified in Clause 2 Article 2 of this Circular;

4. National Certificate of Educational Achievement New Zealand of level 2 or higher;

5. Proof of financial capacity specified in Clause 1 Article 2 of this Circular;

6. Three color photos (3cm x 4cm), bare head, frontally taken, clear face with two ears, no glasses and on white background, with soft copies.

The papers specified in Clauses 3, 4 and 5 of this Article must be original; the copies (if any) must be notarized or certified.

The above papers must be made in English and are exempted from consular legalization.

Article 4. Validity period of the license and visa

1. The validity period of the license is that requested by the New Zealand’s citizen but must not exceed 12 (twelve) months.

2. The validity period of the visa issued to a New Zealand’s citizen is equal to that of the license.

Article 5. Procedures for issuing licenses, visas and certificates of temporary residence

1. Procedures for issuing licenses:

a/ At least 30 (thirty) days before the anticipated date of entering Vietnam, a New Zealand’s citizen shall submit directly or by post an application for the license to the Embassy of Vietnam in New Zealand;

b/ Within 5 (five) working days after receiving the complete application for the license from the New Zealand’s citizen, the Embassy of Vietnam in New Zealand shall transfer this application to the Department of Employment (the Ministry of Labor, War Invalids and Social Affairs) by fax or email;

c/ Within 10 (ten) working days after receiving the complete and valid application, the Department of Employment (the Ministry of Labor, War Invalids and Social Affairs) shall notify the result in writing to the Embassy of Vietnam in New Zealand and the Embassy of New Zealand in Vietnam.

2. Procedures for issuing visas and certificates of temporary residence:

a/ Within 2 (two) working days as from issuing the license, the Department of Employment (the Ministry of Labor, War Invalids and Social Affairs) shall send written request to the Immigration Department (the Ministry of Public Security) for considering and issuing the visa to the New Zealand’s citizen according to form No. N2 promulgated together with the Joint Circular No. 01/2012/TTLT-BCA-BNG dated January 3, 2012, amending and supplementing the Joint Circular No. 04/2002 TTLT-BCA-BNG dated January 29,2002, and the Joint Circular No. 05/ 2009/TTLT-BCA-BNG dated May 12,2009, of the Ministry of Public Security and the Ministry of Foreign Affairs on the immigration enclosed with the copy of the issued license of the New Zealand’s citizen.

b/ Within 5 (five) working days after receiving the request from the Department of Employment (the Ministry of Labor, War Invalids and Social Affairs), the Immigration Department (the Ministry of Public Security) shall notify the result to the New Zealand’s citizen and the Embassy of Vietnam in New Zealand for issuing the visa. In case of refusal, the Immigration Department (the Ministry of Public Security) must notify the Department of Employment (the Ministry of Labor, War Invalids and Social Affairs) in writing and give explanation; and the Department of Employment shall notify the Embassy of Vietnam in New Zealand for replying the New Zealand’s citizen.

c/ When entering Vietnam, the New Zealand’s citizen shall be issued with a temporary residence certificate by the immigration office at the border-gate of entry. The validity period of the temporary residence certificate is equal to that of the visa.

Article 6. Reception of licenses

Within 5 (five) days after entering Vietnam, the New Zealand’s citizen shall receive the license at the Department of Employment (the Ministry of Labor, War Invalids and Social Affairs) or the Employment Service Center of Ho Chi Minh City affiliated to the Services of Labor, War Invalids and Social Affairs  of Ho Chi Minh City.

Article 7. Quantity of licenses

Annually, the Department of Employment (the Ministry of Labor, War Invalid and Social Affairs) shall issue up to 100 (one hundred) licenses for New Zealand’s citizens that satisfy the conditions specified in the Agreement.

Article 8. Form of license

1. The form of the license is prescribed as follows:

a/ Appearance:

The license size is 17.8 cm x 12.5 cm. comprising 10 pages, page 1 and page 10 are in dark pink and coated with plastic; pages 2 to 9 have white background with light pink patterns and a star in the middle.

b/ The contents of license are specified in form No. 2 promulgated together with this Circular.

2. All licenses are printed and distributed by the Department of Employment (the Ministry of Labor, War Invalids and Social Affairs).

Article 9. Use of licenses

1. Within 5 (five) working days after a New Zealand’s citizen works for an employer, the employer must write full name of the employer; workplace and phone number; position, starting and ending date of the work in the license.

2. New Zealand’s citizens must keep the issued licenses as long as they are unexpired.

3. New Zealand’s citizens must present their licenses when carrying out procedures related to residence and immigration and when requested by State competent agencies.

4. Within 3 (three) working days after the employer certifies in the license, the New Zealand’s citizen must send a copy of the license bearing certification of the employer as prescribed in Clause 1 this Article to the Department of Employment (the Ministry of Labor, War Invalids and Social Affairs) by post, fax or email.

Article 10. Re-issuing licenses

1. Cases of re-issuing licenses:

a/ The license is lost;

b/  The license is damaged.

2. The application for the re-issue of the license:

a/ A written application for the re-issue of the license of the New Zealand’s citizen, made under the form No. 3 promulgated together with this Circular, specifying the reason for the loss or damage of the license;

b/ The issued license in the case specified in Point b Clause 1 this Article;

c/ Three color photos (3 cm x 4 cm) with bare head, frontally taken, clear face with two ears, no glasses and on white background;

3. The validity period of a re-issued license is equal to that of the issued one.

4. Procedures for re-issuing a license:

a/ Within 3 (three) working days after finding that the license is lost or damaged, the New Zealand’s citizen must request the Department of Employment (the Ministry of Labor, War Invalids and Social Affairs) to re-issue the license by submitting an application for the re-issue of the license directly or by post.

b/ Within 3 (three) working days after receiving the complete application from the New Zealand’s citizen, the Department of Employment (the Ministry of Labor, War Invalids and Social Affairs) shall re-issue the license and notify the New Zealand’s citizen. The refusal to re-issue the license must be explained in writing.

5. Reception of re-issued licenses:

New Zealand’s citizens shall receive the re-issued licenses at the Department of Employment or the Employment Service Center of Ho Chi Minh City, affiliated to Services of Labor, War Invalids and Social Affairs of Ho Chi Minh City.

Article 11. Fee for issuing and re-issuing licenses

New Zealand’s citizens must pay the fee for issuing or re-issuing licenses at the place where they receive the issued licenses as prescribed by the Ministry of Finance.

Article 12. Expiration and invalidation of licenses

1. The license expires.

2. The license is revoked by the Department of Employment (the Ministry of Labor, War Invalids and Social Affairs) for failing to comply with Clause 4, Article 9 of this Circular.

3. The New Zealand’s citizens notify the Department of Employment (the Ministry of Labor, War Invalids and Social Affairs) of their return to their country ahead of schedule.

4. The New Zealand’s citizen is imprisoned, dead or missing as declared by the Court.

Article 13. Implementation provisions

1. Responsibility of the Embassy of Vietnam in New Zealand:

a/ Disseminating this Circular among New Zealand’s citizens concerned with the Working Holiday Scheme in Vietnam;

b/ Receiving and transferring the applications for licenses from New Zealand’s citizens to the Department of Employment (the Ministry of Labor, War Invalids and Social Affairs);

c/ Issuing visas to New Zealand’s citizens as prescribed, according to the notification of the results of visa issue from the Immigrant Department (the Ministry of Public Security).

2. Responsibility of the Immigrant Department (the Ministry of Public Security):

a/ Approving the issue of visas to licensed New Zealand’s citizens;

b/ Notifying the visa issue to New Zealand’s citizens to the Department of Employment (the Ministry of Labor, War Invalids and Social Affairs) and the Embassy of Vietnam in New Zealand;

c/ Being in charge of and cooperating with the Department of Employment (the Ministry of Labor, Wars Invalids and Social Affairs) and the Consular Department (the Ministry of Foreign Affairs) in handling violations of Vietnam’s Law on the immigration and residence of foreigners in Vietnam committed by New Zealand’s citizens being subjects of application of this Circular.

3. Responsibility of the Department of Employment (the Ministry of Labor, War Invalids and Social Affairs):

a/ Receiving and examining the applications for the issue and re-issue of licenses from New Zealand’s citizens;

b/ Issuing and re-issuing licenses to New Zealand’s citizens as authorized by the Minister of Labor, War Invalids and Social Affairs;

c/ Requesting the Immigration Department (the Ministry of Public Security) to approve the issue of visas to licensed New Zealand’s citizens;

d/ Notifying the Embassy of Vietnam in New Zealand of the results of license issue;

e/ Notifying to the Embassy of Vietnam in New Zealand, the Embassy of New Zealand in Vietnam, the Immigration Department (the Ministry of Public Security) and the Consular Department (the Ministry of Foreign Affairs) after issuing 100 (one hundred) licenses every year, and stopping issuing licenses to New Zealand’s citizens;

f/ Cooperating with the Immigration Department (the Ministry of Public Security) and the Consular Department (the Ministry of Foreign Affairs) in handling violations of Vietnam’s Law on the immigration and residence of foreigners in Vietnam committed by New Zealand’s citizens being subjects of application of this Circular;

g/ Posting the procedures; fees for issuing and re-issuing licenses; quantity of licenses issued; the cases of expiration or invalidation of licenses, and other relevant information on the website: www.vieclamvietnam.gov.vn for New Zealand’s citizens to know and implement.

The cases of expired and invalidated licenses prescribed Clauses 2, 3 and 4, Article 12 of this Circular must be reported to the Embassy of Vietnam in New Zealand, the Embassy of New Zealand in Vietnam, the Immigration Department (the Ministry of Public Security), the Consular Department (the Ministry of Foreign Affairs), and New Zealand’s citizens.

4. Responsibility of the Consular Department (the Ministry of Foreign Affairs):

a/ Guiding the Embassy of Vietnam in New Zealand in implementing this Circular;

b/ Cooperating with the Immigration Department (the Ministry of Public Security) and the Department of Employment (the Ministry of Labor, Wars Invalids and Social Affairs) in handling violations of Vietnam’s Law on the immigration and residence of foreigners in Vietnam, and on the New Zealand’s citizens’ working during holiday, committed by New Zealand’s citizens being subjects of application of this Circular.

5. Responsibility of employers:

a/ Complying with regulations of Viet Nam applicable to New Zealand’s citizens;

b/ Certifying the contents specified in Clause 1, Article 9 of this Circular in the licenses, and implementing the provisions on the immigration and residence of foreigners in Vietnam.

6. Responsibility of New Zealand’s citizens:

a/ Studying and fully complying with this Circular and Vietnam’s law;

b/ Submitting applications for the issue or re-issue of licenses as prescribed;

c/ Paying fees for the issue or re-issue of licenses and visas; paying charges for faxing the results from the Immigration Department (the Ministry of Public Security) to the Embassy of Vietnam in New Zealand and, other fees as prescribed by Vietnam’s law.

Article 14. Effect

1. This Circular takes effect on July 15, 2012.

2. Any problems arising in the course of implementation should be promptly reported to the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Foreign Affairs for guidance and addition.-

FOR THE MINISTER OF FOREIGN AFFAIRS
DEPUTY MINISTER




Nguyen Thanh Son