Registration of Contract for Receiving Intern Workers 90 Days or More

The Registration of Contract for Receiving Intern Workers 90 Days or More is a procedure performed by enterprises sending Vietnamese workers abroad for training, improvement of professional qualifications, and skills. This registration ensures that the reception and use of intern workers comply with the law, establishing a clear legal basis for the rights and obligations of all parties.

Requirements and conditions for businesses to register internship contracts of 90 days or more.

According to Subsection 1, Section B, Part II of the Appendix issued with Decision No. 640/QD-BNV, enterprises must meet the following conditions:

1. Contract: Have a Contract for Receiving Intern Workers with a receiving facility abroad, consistent with the Law on Contract-Based Vietnamese Workers Working Abroad, registered with the competent authority.
2. Security Deposit: Have a security deposit for the contract execution equal to 10% of a one-way economy class air ticket from the workplace back to Vietnam, calculated based on the number of workers in the contract.
3. Worker Status: Only send workers who have valid labor contracts and vocational training contracts abroad for skill enhancement internships.
4. Industry Relevance: The specific industries, trades, and jobs for the training/internship abroad must match the enterprise’s field of operation.

The competent authority is responsible for registering internship contracts.

Based on Subsection 1, Section B, Part II of Decision No. 640/QD-BNV:

• Primary Authority: The Provincial-level People’s Committee where the enterprise is headquartered is responsible for receiving and processing the dossier.
• Supervisory Role: The Ministry of Home Affairs manages at the central level. After processing, the Provincial People’s Committee notifies the result to the Ministry of Home Affairs.
• Advisory Body: The local Department of Home Affairs often advises the Provincial People’s Committee on this matter.

Required documents for registering a labor internship contract of 90 days or more.

The dossier components are specified in Decision No. 640/QD-BNV, including:

1. Registration Document: 01 original of the Registration for Contract for Receiving Intern Workers (Form No. 04, Appendix I, Circular No. 21/2021/TT-BLDTBXH).
2. Contract: 01 copy of the Contract for Receiving Intern Workers accompanied by a certified Vietnamese translation.
3. Proof of Compliance: Documents proving compliance with the host country’s laws regarding receiving foreign interns (e.g., a copy of the permit issued by the host country’s competent authority allowing the facility to receive foreign workers).
4. Business & Deposit Proof: Copy of the Enterprise Registration Certificate and documents proving the enterprise’s security deposit (Form No. 11, Appendix I, Decree 112/2020/ND-CP).

Procedure for registering a contract for receiving interns for 90 days or more.

Step 1: Submission The enterprise submits 01 dossier set (directly, via postal service, or online) to the Provincial-level People’s Committee where its headquarters is located.

Step 2: Verification and Result Within 05 working days of receiving a complete and valid dossier, the Provincial People’s Committee reviews and provides a written response.

• If approved: Issues approval.
• If refused: Issues a written response stating the reason and notifies the Ministry of Home Affairs.

Step 3: Data Update Within 05 working days from the date the workers exit the country, the enterprise is responsible for updating full information about the workers on the Database System on Vietnamese Workers Working Abroad under Contract.

Long Phan provides consulting services for registering internship contracts.

Long Phan Consulting Company provides comprehensive solutions to support enterprises in this procedure:

• Contract Consulting: Reviewing, drafting, and standardizing the contract system between the Vietnamese enterprise and the foreign receiving facility; ensuring terms comply with both Vietnamese and host country laws.
• Representation: Representing the enterprise to work with the Provincial People’s Committee; handling notarization, consular legalization, and explaining issues during the appraisal process.
• Post-Licensing Support: Advising on reporting obligations, management responsibilities, and guiding the update of worker information on the National Database System.

Frequently Asked Questions about registering for internship contracts of 90 days or more

Below are some frequently asked questions when businesses register internship contracts for 90 days or more. Please refer to them:

Is there a state fee for this procedure?

No. According to current regulations, enterprises do not have to pay state fees when registering this contract. (Legal Basis: Point i, Subsection 1, Section B, Part II, Decision No. 640/QD-BNV).

What if the Provincial People’s Committee rejects the application?

The authority will provide a written response stating the reason. The enterprise should correct the dossier based on these reasons or exercise the right to complain if the refusal is unjustified. (Legal Basis: Point a, Subsection 1, Section B, Part II, Decision No. 640/QD-BNV).

Can enterprises send workers for jobs unrelated to their business field?

No. The specific industry or job for the overseas training/internship must be consistent with the enterprise’s registered field of operation.

What document proves the security deposit?

The valid document is the Confirmation of Security Deposit Payment for the Contract for Receiving Intern Workers, established according to Form No. 11, Appendix I, Decree 112/2020/ND-CP.

Is late data updating considered a violation?

Yes. Failure to update worker information on the Database System within the prescribed time limit is a violation of management regulations.

Conclusion

Enterprises needing in-depth legal support regarding the Registration of Contract for Receiving Intern Workers (90 Days or More) should contact Long Phan Consulting Company. We are ready to answer all questions and provide reputable, full-package services to ensure quick progress. Please call Hotline 1900636389 for direct expert advice.