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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Law
No. 69/2020/QH14
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Hanoi,
November 13, 2020
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LAW
ON VIETNAMESE GUEST WORKERS
Pursuant to Constitutions of
Socialist Republic of Vietnam;
The National Assembly
promulgates Law on Vietnamese guest workers.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
This Law prescribes rights,
obligations and responsibilities of Vietnamese guest workers, enterprises,
service providers, agencies, organizations and individuals related to bringing
Vietnamese to work overseas; improving craft, foreign languages and orientation
of workers; Fund for overseas employment; policies for workers; state
management in Vietnamese guest workers.
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1. Vietnamese guest workers.
2. Vietnamese enterprises providing
Vietnamese guest worker service.
3. Public service providers
affiliated to ministries, ministerial agencies, Governmental agencies
(hereinafter referred to as “service providers”) assigned to bring Vietnamese
abroad as guest workers.
4. Agencies, organizations and
individuals related to bringing Vietnamese abroad as guest workers.
Article 3. Term
interpretation
In this Law, terms below are
construed as follows:
1. “Vietnamese guest workers”
refer to Vietnamese citizens with at least 18 years of age living in Vietnam
and working abroad according to this Law.
2. “foreign employers” refer
to enterprises, organizations and individuals directly hiring and employing
Vietnamese workers for their enterprises under employment contracts.
3. “foreign employment
receivers” refer to foreign employers and foreign employment service
providers.
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Alienation, elimination or
prioritization deriving from specific demand of the professions and actions to
preserve and protect career of vulnerable workers shall not be considered
discrimination.
5. “labor abuse” refers to the
use of violence, threat to use violence or other schemes to force workers to
work against their will.
6. “database on Vietnamese guest
worker” refers to a combination of figures and information on Vietnamese
guest workers.
Article 4.
Government policies regarding Vietnamese guest workers
1. Encourage improvement of
technical specialties of Vietnamese guest workers; effectively utilize and
employ workforce returning from abroad.
Vietnamese guest workers operating
in specific professions with high technical specialties or professions that
Vietnam has an edge in shall benefit from specific policies in order to
attract, promote and assist development of sectors and professions for working
abroad and employment after returning suitable for socio-economic conditions
from time to time according to the Government.
2. Protect legal rights and
benefits of Vietnamese workers, enterprises, organizations and individuals in
bringing Vietnamese workers abroad to work.
3. Expand international cooperation
regarding developing new and save labor market, high paid jobs, specific
professions to improve education level and crafts of Vietnamese guest workers.
4. Ensure gender equality, career
opportunity and free of discrimination in recruiting and improving career
skills, foreign languages and orientation for Vietnamese guest workers; develop
measures to protect Vietnamese guest workers suitable with their gender.
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Article 5.
Employment format for Vietnamese guest workers
1. Contracts for bringing
Vietnamese workers to work abroad signed with service providers for
implementation of international agreements.
2. Contracts or written agreements
regarding bringing Vietnamese workers to work abroad signed with any of following
enterprises, organizations and individuals:
a) Vietnamese enterprises providing
guest worker service;
b) Vietnamese enterprises awarded
with contracts for foreign constructions and/or projects;
c) Vietnamese enterprises bringing
Vietnamese workers abroad for training, improvement and enhancement;
d) Vietnamese organizations and
individuals making outward investment.
3. Employment contracts between
Vietnamese workers and foreign employers.
Article 6.
Rights and obligations of Vietnamese guest workers
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a) be provided with Vietnamese
regulations and law on Vietnamese guest workers; policies, laws, customs and
traditions of host countries related to the workers; rights and obligations of
parties when working abroad;
b) be advised and assisted to
execute rights, obligations and receive benefits under employment contracts and
vocational training contracts;
c) benefit from salary, wages,
medical examination and treatment policies, social insurance, occupational
accident insurance, other policies according to employment contracts; inward
transfer of salary, wages, income and other legal assets of individuals
according to regulations and law of Vietnam and host countries;
d) be protected in terms of legal
rights and benefits during period of working abroad under contracts conforming
to regulations and law of Vietnam and host countries and international
practices;
dd) unilaterally terminate
employment contracts if workers are bused, exploited by employers, facing
life-threatening risks or sexual harassment during period of working abroad;
e) benefits from policies assisting
labor, occupation and rights from Fund for overseas employment as per the law;
g) not pay social insurance or
person income tax twice in Vietnam and host countries if Vietnam and the host
countries have entered into agreements on social insurance or double taxation
agreements;
h) complain, accuse and file
lawsuits against violations to regulations and law in bringing Vietnamese
workers abroad;
i) be advised, assisted in terms of
employment and start-up after repatriating and access voluntary social
psychological consulting service.
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a) comply with regulations and law
of Vietnam and host countries;
b) preserve and emphasize culture
and traditions of Vietnam; respect traditions and customs of host countries;
cooperate with workers in host countries;
c) complete orientation education
course before working abroad;
d) submit service fees and deposit
payments as specified under this Law;
dd) work as pert the law; comply
with labor discipline and regulations; comply with management, administration
and supervision of foreign employers according to employment contracts;
e) compensate for violations of signed
contracts according to regulations and law of Vietnam and host countries;
g) repatriate in a timely manner
after terminating employment contracts and vocational training contracts;
inform residence registration authorities before working abroad or after
repatriating according to Law on Residence within 15 days from the date of
repatriation;
h) submit tax and participate in
social insurance and other forms of insurance according to regulations and law
of Vietnam and host countries;
i) contribute the fund for overseas
employment.
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1. Manipulating, inciting,
promising, advertising, providing false information or employing other tricks
to deceive workers; exploiting provision of Vietnamese guest workers services
to conduct illegal migration, human trafficking, labor abuse or other
violations against regulations and law
2. Assisting workers or acting
workers to follow up procedures for bringing workers to work abroad before
without consensus of competent authorities as specified under this Law.
3. Forcing, manipulating, inciting
or tricking Vietnamese workers to stay abroad.
4. Discriminating; humiliating
workers; abusing workers in affairs related to bringing Vietnamese workers to
work abroad.
5. Providing Vietnamese guest
worker service without license; using license of other enterprises or lending
enterprise license to other individuals to provide Vietnamese guest worker
service.
6. Assigning provision of
Vietnamese guest worker service to branches of enterprises in a manner that
contradicts this Law.
7. Exploiting preparation of
workforce and selection of workers for work abroad to charge workers for money
against the law.
8. Charging workers with broker
fees.
9. Charging workers with service
fees against this Law.
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11. Working abroad or bringing
Vietnamese workers to work abroad in a manner that violates national security,
social security and safety, social morality, worker’s health and community or
in a manner that is rejected by host countries.
12. Working abroad or bringing
Vietnamese workers to work abroad in any of following professions:
a) Massage staffs in restaurants,
hotels or amusement parks;
b) Professions that require regular
contact with explosives, toxic substances in metal (copper, lead, mercury,
silver, zinc) works; manganese, dioxide, mercury;
c) Professions that require contact
with exposed radiation sources or professions that include extraction of
radioactive ores;
d) Manufacturing and packaging
professions that require regular contact with nitric acid, sodium sulfate,
disulfur of carbons, pesticides, herbicides, rodenticides, antiseptic and highly
toxic insecticide;
dd) Professions that include
hunting dangerous beasts, crocodiles or sharks;
e) Professions that require regular
stay in hypoxide or high pressure environment (underground or seabed);
g) Professions that include
shrouding, cremating or bone collecting.
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a)
Active combat zones or potential active combat zones;
b) Radioactive areas;
c) Contaminated areas;
d) Areas with particularly
dangerous epidemic(s).
14. Voluntarily staying overseas
against the law after terminating employment contracts or vocational training
contracts.
15. Obstructing, hindering or
harassing workers or Vietnamese enterprises, organizations and individuals in
bringing Vietnamese to work abroad.
16. Issuing license for provision
of Vietnamese guest worker service to enterprises deemed ineligible according
to this Law.
17. Utilizing fund for overseas
employment in a manner that contradicts regulations and law.
Chapter II
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Section 1.
VIETNAMESE ENTERPRISES PROVIDING VIETNAMESE GUEST WORKER SERVICE
Article 8.
Provision of Vietnamese guest worker service
1. Provision of Vietnamese guest
worker service is a conditional line of business and shall only be provided by
Vietnamese enterprises having license for providing Vietnamese guest worker
service issued by Minister of Labor – War Invalids and Social Affairs.
2. Vietnamese enterprises providing
Vietnamese guest worker service (hereinafter referred to as “service
enterprises”) must maintain requirements specified under Article 10 of this Law
and satisfy demands of each specific market, profession and sector during
operation
Article 9.
Details of Vietnamese guest worker service
1. Signing and executing contracts
and agreements related to provision of Vietnamese guest workers.
2. Searching and developing
overseas labor market; providing information, advertisement and advice regarding
overseas employment opportunity.
3. Preparing workforce and
recruiting workers.
4. Organizing craft improvement,
foreign languages and orientation education for workers before working abroad.
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6. Executing policies for guest
workers.
7. Liquidating contracts for
Vietnamese guest worker service provision.
8. Providing employment for
repatriating workers.
Article 10.
Eligibility for issuance of license for provision of Vietnamese guest worker
service
1. An enterprise shall be issued
with license for provision of Vietnamese guest worker service if the
enterprise:
a) has at least VND 5 billion of
charter capital; has owners, members and shareholders who are domestic investors
according to Law on Investment; and
b) has made deposit payments according
to Article 24 of this Law; and
c) has Vietnamese nationals as
legal representatives with at least higher education level and at least 5 years
of experience in providing Vietnamese guest worker service or employment
services; is not criminally prosecuted; has no criminal records regarding
violation to national security, charges that violate life, health, self-esteem
or dignity of human beings, fraudulence for appropriation, credibility abuse
for appropriation, false advertisement, manipulating customers, organizing or
allowing other individuals to migrate or stay in Vietnam illegally, organizing
or allowing other individuals to travel abroad or stay abroad illegally,
forcing other individuals to travel abroad or stay abroad illegally;
d) has adequate number of
professional employees to implement provisions of Article 9 of this Law;
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e) has a web page.
2. Government shall elaborate this
Article.
Article 11.
License for provision of Vietnamese guest worker service
1.
License for provision of Vietnamese guest workers (hereinafter referred to as
“license”) shall have following details:
a) License No. and date of issue;
b) Enterprise name;
c) Enterprise ID number;
d) Head office address;
dd) Phone number;
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2.
The license shall be revised and reissued as specified under Article 13 and
Article 14 of this Law.
Article 12.
Application, procedures and fees for license issuance
1. Application for license issuance
consists of:
a) Written application for license
issuance of enterprise;
b) Copies of enterprise
registration certificate;
c) Documents proving satisfaction
of eligibility under Article 10 of this Law.
2. Within 20 days from the date on
which adequate application is received, Minister of Labor – War Invalids and
Social Affairs shall consider and issue license for the enterprise; in case of
rejection, respond in writing and specify reasons.
3. Fees for issuance shall conform
to regulations and law on fees and charges.
4. The Government shall prescribe
form of license; form for documents specified under Point a and Point c Clause
1 of this Article; cooperation between agencies in issuing license via
electronic network.
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1. In case of changes to contents
of an issued license, a service enterprise shall request Minister of Labor -
War Invalids and Social Affairs to revise the license.
2. Within 5 working days from the
date on which written request of service enterprise is received, Minister of
Labor - War Invalids and Social Affairs shall revise the license.
3. The service enterprise shall not
pay fee for revision of license.
Article 14.
Reissuance of license
1. When an issued license is lost
or damaged, service enterprise shall request Minister of Labor – War Invalids
and Social Affairs in writing to reissue the license.
2. Within 5 working days from the
date on which written request of service enterprise is received, Minister of
Labor - War Invalids and Social Affairs shall reissue the license.
3. The service enterprise shall not
pay fee for reissuance of license.
Article 15.
Issuance and post of license
1. Within 10 days from the date on
which a license is issued, reissued or revised, Minister of Labor - War
Invalids and Social Affairs shall upload the license on their website and
inform People’s Committee of province where head office of the service
enterprise is based in.
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Article 16. Suspension
and revocation of license
1. A service enterprise shall have
their issued license suspended and submitted to Minister of Labor – War
Invalids and Social Affairs when they:
a) cease to exist as per the law;
or
b) cease to provide Vietnamese
guest worker service.
2. A service enterprise shall have
their license revoked when:
a) Information declared under
application for license issuance is fabricated;
b) Eligibility specified under
Article 10 of this Law is not properly maintained;
c) The enterprise fails to bring
Vietnamese workers abroad for 24 months consecutively for reasons other than
natural disasters, conflict, political unrest, economic depression or force
majeure which causes foreign countries to be unable to receive foreign workers;
d) The enterprise violates Clauses
1, 2, 5, 6, 7, 8, 11, 12, or 13 Article 7 of this Law;
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3. Minister of Labor – War Invalids
and Social Affairs shall decide to revoke license; publicize revocation of
license within 5 working days from the date on which revocation decision is
issued; publicize submission of license on website of the Ministry of Labor -
War Invalids and Social Affairs and inform People's Committee of province where
head office of the service enterprise is based in.
4. The Government shall elaborate
Clause 1 and Clause 2 of this Article.
Article 17.
Assigned branches in provision of Vietnamese guest worker service
1.
A service enterprise may assign their branches to implement several activities
regarding provision of Vietnamese guest workers and be responsible for
branches’ operation. Branches are established and functional according to Law
on Enterprises.
2. A branch may provide Vietnamese
guest worker service if:
a) The branch is assigned by a
service enterprise;
b) Head of the branch meets
eligibility specified under Point c Clause 1 Article 10 of this Law;
c) The branch has adequate number
of professional staff to implement specific tasks;
d) The branch has adequate
facilities or is hired to implement specific orientation education tasks.
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a) sign or liquidate labor supply
contracts, broker agreements and Vietnamese guest worker agreements;
b) collect service fee and deposit
payments of workers.
4. Service enterprises are
responsible for reporting to Ministry of Labor – War Invalids and Social
Affairs in writing and updating information on their branches on database
system on Vietnamese guest workers within 5 working days from the date on which
they assign branches, cease to assign branches or branches cease to operate.
5. Branches assigned to provide
Vietnamese guest worker service must openly post decision of service
enterprises on assigning the branches and copies of license of the service
enterprises at head offices of the branches.
6. The Government shall elaborate
Point c and Point d Clause 2 of this Article.
Article 18.
Preparation of labor sources
1. Service enterprises shall
prepare labor sources prior to registration of labor supply agreements at
request of foreign employment receivers or according to cooperation agreements
with foreign employment receivers and only after receiving written consensus of
Ministry of Labor – War Invalids and Social Affairs.
2. File for preparation of labor
sources consist of:
a) Document on preparing labor
sources;
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c) Labor source preparation schemes
which specify number of workers, duration and methods of preparing labor
sources;
d) Prioritize selecting workers who
have participated in labor source preparation phase.
3. Within 5 working days from the
date on which adequate files are received, Ministry of Labor – War Invalids and
Social Affairs shall respond to service enterprises in writing and inform
People’s Committees of provinces where service enterprises operate in writing
to prepare labor sources and update on database system on Vietnamese guest
workers; provide reasons in case of rejection.
4. Service enterprises shall
prepare labor sources as follows:
a) Prepare shortlists of workers;
b) Provide vocational and foreign
language training for workers if necessary and only collect training fees as
per the law directly or via cooperation with vocational training facilities
and/or employment service organizations.
5. Minister of Labor – War Invalids
and Social Affairs shall elaborate Clause 2 of this Article.
Article 19.
Labor supply agreements
1. Labor supply agreements are
written agreements between Vietnamese service enterprises with foreign
employment receivers on conditions, rights and obligations of parties in providing
and receiving Vietnamese guest workers.
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a) Duration of contracts;
b) Number of workers; field of
operation; age of workers;
c) Host countries;
d) Working location if contracts
are signed with foreign employers;
dd) Working conditions and
environment;
e) Working hours and break time;
g) Occupational safety and hygiene;
h) Salary, wages, other benefits
and bonuses (if any); overtime payments; payments taken from salary according
to regulations and law of host countries;
i) Living, working and commuting
conditions;
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l) Social insurance, health
insurance, occupational accident and disease insurance;
m) Conditions for premature
contract termination by workers and responsibilities for paying damages;
n) Service fee paid by foreign
employment receivers (if any);
o) Responsibilities to pay travel
cost from Vietnam to work place and vice versa;
p) Responsibilities of parties when
workers face risks while working abroad;
q) Responsibilities of parties in
dealing with arising issues for workers while working abroad;
r) Mechanisms, procedures and
regulations and law on solving conflicts;
s) Other agreements that do not
contradict regulations and law and social moral.
3.
Minister of Labor – War Invalids and Social Affairs shall elaborate Clause 2 of
this Article depending on market, field of operation and specific jobs.
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1. Service enterprises shall only
register labor supply agreements after receiving written consensus of Ministry
of Labor – War Invalids and Social Affairs.
2. Application for registering
labor supply agreements consists of:
a) Written registration for labor
supply agreements;
b) Copies of labor supply contracts
together with certified Vietnamese translation;
c) Documents proving compliance
with regulations and law of host countries of provision of Vietnamese guest workers.
3. Within 5 working days from the
date on which adequate applications are received, Ministry of Labor – War
Invalids and Social Affairs shall respond service enterprises in writing or
provide reasons in case of rejection; in case overseas appraisal is required,
inform service enterprises within 3 working days from the date of receiving
appraisal results.
4. Minister of Labor – War Invalids
and Social Affairs shall prescribe forms of documents specified under Point a
and Point c Clause 2 of this Article.
Article 21.
Contracts for provision of Vietnamese guest worker service
1.
Contract for provision of Vietnamese guest worker service is an agreement
between a service enterprise with worker(s) in terms of rights and obligations
of parties in provision of Vietnamese guest worker service.
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3. Minister of Labor – War Invalids
and Social Affairs shall prescribe form of contract for provision of Vietnamese
guest worker service.
Article 22.
Broker agreement and wage according to broker agreements
1. Broker agreement is an agreement
between a service enterprise with broker organization(s) and/or individual(s)
on finding foreign employment receivers of Vietnamese workers to conclude labor
supply contracts according to this Law.
2. Wages under a broker agreement
shall be agreed upon by parties and specified under the agreement without
exceeding the top limit specified under Clause 3 of this Article.
3. Minister of Labor – War Invalids
and Social Affairs shall elaborate top limit of wages under broker agreement
for each market, field of operation and profession from time to time that
include Vietnamese guest workers.
Article 23.
Service fee
1. Service fee is an amount of
money received by a service enterprise from a foreign employment receiver and
workers to compensate for cost, market research, negotiation, signing of labor
supply agreement and management of workers while they are working abroad
according to this Law.
2. Service fees collected from
workers by service enterprises must:
a) be agreed upon by worker(s) and
service enterprises; and
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c) only be collected once labor
supply agreements have been approved by Ministry of Labor – War Invalids and
Social Affairs and once contracts for provision of Vietnamese guest worker have
been signed; and
d) be collected from workers only
in form of the remainder of the service fee which have been partially paid for
by foreign employment receivers.
3. In case service enterprises have
collected service fees submitted by workers for the entirety of working period
agreed upon under contracts for provision of Vietnamese guest worker service
and workers must prematurely repatriate due to reasons other than the workers’
faults, service enterprises must return the service fees and interest rates
corresponding to the remaining period of contracts for provision of Vietnamese
guest worker service.
Interest shall be calculated based
on interest rates of demand deposit payments in VND of credit institutions
agreed upon by the parties at the time service enterprises repay workers.
4.
Top limit of service fees collected from workers shall be prescribed as
follows:
a) The top limit of service fee
must not exceed 1 month’s worth of salary of workers and shall be collected
once every 12 months of working; not exceed 1.5 month’s worth of salary of
officers and crew members working on cargo ships and shall be collected once
every 12 months of working; In case of contracts for provision of Vietnamese
guest service last for at least 36 months, the service fee under such contracts
must not exceed 3 months’ worth of salary of workers;
b) In case service fees for
extended period of contracts for provision of Vietnamese guest service is
agreed upon, the top limit of the service fees for every 12 extended months of
working must not exceed 0.5 month’s worth of salary of workers;
c) For specific markets, fields of
operation and professions, Minister of Labor - War Invalids and Social Affairs
shall elaborate the top limit of service fee below the amounts specified under
Point a and Point b of this Clause.
Article 24. Deposit
payments of service enterprises
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Within 30 days from the date on
which deposit payments are used, service enterprises must return used amount
and ensure the prescribed deposit payment.
2. In the case prescribed under
Point b Clause 3 of Article 29 of this Law, deposit payments of service
enterprises shall be used by Ministry of Labor – War Invalids and Social
Affairs to pay for additional obligations for workers who have not liquidated
contracts for provision of Vietnamese guest worker service at the time of
transfer; after subtracting banking service fee, any of remaining deposit
payments shall be used by service enterprises to pay for other debts according
to regulations and law on bankruptcy.
3. The Government shall elaborate deposit
payments and management, use thereof and cases in which enterprises are
dissolved, having their license revoked or suspended.
Article 25. Deposit
payments of workers
1.
Service enterprises shall agree with workers on deposit payments to ensure
execution of obligations according to contracts for provision of Vietnamese
guest worker service according to Vietnamese regulations or agreement with
foreign employment receivers.
2. Workers shall agree with service
enterprises on depositing deposit payments in escrow accounts of workers at
banks.
3. Workers shall receive both the
principle and interest of deposit payments when liquidating contracts for
provision of Vietnamese guest worker service.
In case workers violate obligations
under contracts for provision of Vietnamese guest worker service, deposit
payments of workers shall be utilized by service enterprises to pay for damages
arising due to workers’ faults; the remaining deposit payments shall be
returned to workers; in case of insufficient deposit payments, workers must
submit additional deposit payments.
4. In case of conflicts over
service enterprises not paying deposit payments, workers have the rights to
request Ministry of Labor - War Invalids and Social Affairs or file lawsuits as
per the law.
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Article 26.
Rights and obligations of service enterprises
1. Service enterprises have the
rights to:
a) execute provisions under Article
9 of this Law;
b) agree with workers on service
fees, deposit payments and guarantee for execution of contracts for provision
of Vietnamese guest worker according to this Law;
c) unilaterally liquidate contracts
for provision of Vietnamese guest worker service after informing in form of
registered mails 3 times within 180 days from the date on which workers
terminate employment contracts without liquidating or legally authorizing other
individuals to liquidate contracts, or within 180 days from the date on which
workers extend employment contracts without executing rights and obligations
under contracts for provision of Vietnamese guest worker service;
dd) complain and/or file lawsuits
against decisions or violations to regulations and law in provision of
Vietnamese guest worker service.
2. Service enterprises have the
obligations to:
a) execute provisions under Clause
2 Article 15, Clause 1 Article 16, Articles 17, 18, 19, 20, 27, 28, and 29 of
this Law;
b) upload on website of service
enterprises information on legal representatives; list of professional
employees; address of head offices, business locations, and facilities serving
orientation education for workers prior to working abroad; decisions on
assigning branches and update any change to these contents; documents of
Ministry of Labor - War Invalids and Social Affairs approving preparation of
labor sources; adequate information on quantity and standard of recruitment,
working conditions, rights and obligations of workers according to labor supply
contracts; list of workers participating in preparation of labor sources and
selected;
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d) organize and issue certificate
for completion of orientation education for workers prior to working abroad
according to this Law; instruct workers on participating in social insurance
according to regulations and law on social insurance;
dd) make written commitment
regarding the period in which workers must wait until migration after being
recruited for overseas employment without exceeding 180 days from the date on
which workers are recruited; in case of failure to comply with commitment on
waiting period due to reasons other than force majeure, compensate as agreed
upon and return all expenses paid by workers;
e) manage and protect legal rights
and benefits of workers brought abroad for employment by enterprises; employ
professional employees capable of managing and assisting overseas workers as
prescribed by Minister of Labor – War Invalids and Social Affairs; provide
legal assistance in case workers are abused, exploited or discriminated while
working abroad;
g) Implement request of competent
authorities and cooperate with relevant agencies and organizations of host
countries in settling conflicts relating to workers; deal with deriving issues
in case workers decease or face occupational accidents, occupational diseases,
life-threatening risks, health, self-esteem, dignity, or property risks,
natural disasters, diseases, combats, political unrests or emergencies;
h) pay workers for damages caused
by enterprises or branches of enterprises as per the law;
i) liquidate contracts for
provision of Vietnamese guest worker service within 180 days from the date on
which workers terminate employment contracts;
k)
consult and assist workers in terms of procedures related to termination of
employment contracts, and rights, policies, procedures for repatriating;
l) contribute to fund for overseas
employment according to this Law;
m) on an annual basis or irregular
basis, report on provision of Vietnamese guest worker service as prescribed by
Minister of Labor – War Invalids and Social Affairs;
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Article 27.
Responsibilities of service enterprises in case of license suspension or
revocation
1. In case of license suspension or
revocation according to Article 16 of this Law, service enterprises, in
addition to not conduct activities and services specified under Clauses 1, 2,
3, and 4 Article 9 of this Law, is responsible for:
a) performing obligations under
labor supply contracts and contracts for provision of Vietnamese guest worker
service for migrated workers;
b) dealing with issues related to
workers who are recruited by enterprises and participating in vocational
training, foreign language training or orientation education.
2. Management and use of deposit
payments of service enterprises in case of license suspension or revocation
shall conform to Article 24 of this Law.
3. Management and use of deposit
payments of workers in case of license suspension or revocation shall conform
to Article 25 of this Law.
Article 28.
Responsibilities of service enterprises in case of dissolution
1.
Service enterprises may dissolve only when:
a) they have fulfilled all
obligations under valid labor supply agreements and contracts for provision of
Vietnamese guest workers service and settle all debts and other obligations as
per the law; and
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2. Within 5 working days from the
date on which dissolution decisions are approved, service enterprises must
report to Ministry of Labor – War Invalids and Social Affairs on situations of
workers brought abroad for employment by the enterprises and measures for
implementing obligations of the enterprises under valid labor supply contracts
and contracts for provision of Vietnamese guest worker service and written
agreements with receiving service enterprises on rights and obligations for
cases specified under Point b Clause 1 of this Article.
3. Transfer of rights and
obligations of service enterprises to other service enterprises does not alter
rights and obligations under contracts for provision of Vietnamese guest worker
service.
When transferring rights and
obligations to other service enterprises, service fees and deposit payments of
workers and property to enforce execution of guarantee obligations shall also
be transferred to receiving service enterprises. Within 5 working days from the
date on which rights and obligations are fully transferred, service enterprises
must inform Ministry of Labor – War Invalids and Social Affairs and workers.
Article 29.
Responsibilities of service enterprises in case of bankruptcy
1. Within 5 working days from the
date on which courts issue decisions on initiation of bankruptcy procedures,
service enterprises must report to Ministry of Labor – War Invalids and Social
Affairs on provision of Vietnamese guest worker service and measures for implementing
obligations of the enterprises under valid labor supply contracts and contracts
for provision of Vietnamese guest worker service.
2. From the date on which courts
issue decisions on initiation of bankruptcy procedures, service enterprises must
not provide services specified under Clauses 1, 2, 3, and 4 Article 9 of this
Law.
3. In case courts issue decision on
declaring bankruptcy of enterprises, transfer of rights and obligations on
execution of valid labor supply agreements and contracts for provision of
Vietnamese guest worker service shall be prescribed as follows:
a)
Service enterprises shall negotiate with other licensed service enterprises in
order to transfer rights and obligations after agreeing with foreign employment
receivers and receiving approval of Ministry of Labor – War Invalids and Social
Affairs regarding transfer measures. Transfer of rights and obligations
of service enterprises to other service enterprises does not alter rights and
obligations under contracts for provision of Vietnamese guest worker service.
When transferring rights and
obligations to other service enterprises, service fees and deposit payments of
workers and property to enforce execution of guarantee obligations shall also
be transferred to receiving service enterprises. Within 5 working days from the
date on which rights and obligations are fully transferred, service enterprises
must inform Ministry of Labor – War Invalids and Social Affairs, foreign
employment receivers and workers;
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Within 5 working days from the day
of receiving transfer, Ministry of Labor - War Invalids and Social Affairs
shall inform foreign employment receivers and workers according to received
dossiers.
Section 2.
VIETNAMESE ENTERPRISES AWARDED WITH CONTRACTS OR RECEIVING CONTRACTS FOR
OVERSEAS CONSTRUCTION AND PROJECTS BRINGING VIETNAMESE WORKERS ABROAD FOR
EMPLOYMENT
Article 30.
Eligibility of Vietnamese enterprises awarded with contracts or receiving
contracts for overseas construction and projects bringing Vietnamese workers
abroad for employment
1. Having agreements on award or
receipt of contracts for overseas constructions and projects.
2. Developing measures for bringing
Vietnamese workers abroad for employment conforming to regulations and law of
Vietnam and of host countries and reporting to Ministry of Labor – War Invalids
and Social Affairs according to Article 31 of this Law.
3. Bringing only Vietnamese workers
who are working for the enterprises which are awarded or receive contracts to
work in overseas constructions and projects according to agreements on contract
award or receipt.
Article 31.
Reports on bringing Vietnamese workers abroad for employment of Vietnamese
enterprises awarded with contracts or receiving contracts for overseas
construction and projects
1. Within 20 days before bringing
Vietnamese workers abroad for employment, Vietnamese enterprises awarded with
contracts or receive contracts for contracts and projects must report to
Ministry of Labor – War Invalids and Social Affairs on measures for bringing
Vietnamese workers abroad for employment and copies of agreements on award or
receipt of contracts for overseas constructions and projects,
2. Measures for bringing Vietnamese
workers abroad shall include:
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b) Repatriating workers in case of
natural disasters, diseases, combats, political unrests, economic depression,
emergencies or other force majeure.
3. Within 5 working days from the
day of receiving measures for bringing Vietnamese workers abroad for
employment, Ministry of Labor – War Invalids and Social Affairs shall respond
to enterprises in writing or provide reasons in case of rejection.
4. Within 5 working days from the
date on which workers travel abroad, enterprises awarded with contracts or
receiving contracts must update worker information on database system on
Vietnamese guest workers.
Article 32.
Rights and obligations of enterprises awarded with contracts or receiving
contracts for overseas construction and projects bringing Vietnamese workers
abroad for employment
1. Provide adequate and specific
information on working conditions, living conditions, rights and benefits of
workers working in overseas constructions and projects of enterprises awarded
with contracts or receiving contracts.
2. Enable workers to participate in
orientation education and receive certificate for completion of orientation
education.
3. Directly organize migration,
management and utilization of guest workers.
4. Reach an agreement with workers
under annex(es) of employment contracts on additional details regarding working
period, working hours, break time, overtime hours, salary, working conditions,
living conditions, medical examination and treatment and other benefits,
policies conforming with measures for bringing Vietnamese workers abroad for
employment specified under Clause 2 Article 31 of this Law and regulations and
law of Vietnam and host countries.
5. Ensure periodic health check-ups
for workers, including reproductive health and medical examination in case
workers suffer from illnesses and/or accidents. If workers suffer from
illnesses and/or accidents to such an extent that they can no longer work
abroad, enterprises are responsible for repatriating workers and incurring
relevant costs.
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7. Report and cooperate with
overseas Vietnamese diplomatic missions in managing and protecting legal rights
and interests of workers who are working abroad.
8. Report after completing
contracts overseas and report irregularly at request of Ministry of Labor – War
Invalids and Social Affairs.
9.
Implement request of competent authorities and cooperate with relevant agencies
and organizations of host countries in settling conflicts relating to workers;
deal with deriving issues in case workers decease or face occupational
accidents, occupational diseases, life-threatening risks, health, self-esteem,
dignity, or property risks, natural disasters, diseases, combats, political
unrests, economic depressions, emergencies or other force majeure.
Section 3. VIETNAMESE
ORGANIZATIONS AND INDIVIDUALS MAKING OUTWARD INVESTMENT AND BRINGING VIETNAMESE
WORKERS ABROAD
Section 33.
Eligibility of Vietnamese organizations and individuals making outward
investment and bringing Vietnamese workers abroad
1. Having outward investment
registration certificate.
2. Developing measures for bringing
Vietnamese workers abroad for employment conforming to regulations and law of
Vietnam and of host countries and reporting to Ministry of Labor – War Invalids
and Social Affairs according to Article 34 of this Law.
3. Only bringing Vietnamese workers
to work in business facilities and constructions formed by overseas investment
of organizations and individuals.
Section 34.
Report on bringing Vietnamese workers abroad for employment of Vietnamese
organizations and individuals making outward investment
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2. Measures for bringing Vietnamese
workers abroad shall include:
a) Management and use of overseas
workers, which clarifies number of workers brought abroad, gender, profession,
line of business, working period, working hours, break time, overtime hour,
salary, working conditions, living conditions, medical examination and
treatment; risk management and implementation of benefits and policies for
workers who suffer from occupational accidents, occupational diseases and other
rights, benefits related to workers;
b) Repatriating workers in case of
natural disasters, diseases, combats, political unrests, economic depression,
emergencies or other force majeure.
3. Within 5 working days from the
day of receiving measures for bringing Vietnamese workers abroad for
employment, Ministry of Labor – War Invalids and Social Affairs shall respond
to Vietnamese organizations and individuals making outward investment in
writing or provide reasons in case of rejection.
4. Within 5 working days from the
date on which workers travel abroad, Vietnamese organizations and individuals
making outward investment must update worker information on database system on
Vietnamese guest workers.
Section 35.
Rights and obligations of Vietnamese organizations and individuals making
outward investment and bringing Vietnamese workers abroad for employment
1. Provide adequate and specific
information on working conditions, living conditions, rights and benefits of
workers working in business facilities and constructions formed by overseas
investment of organizations and individuals.
2. Enable workers to participate in
orientation education and receive certificate for completion of orientation
education.
3. Directly organize migration,
management and utilization of guest workers.
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In case of recruiting new workers,
sign contracts for provision of Vietnamese guest worker service according to
form of contract prescribed by Minister of Labor – War Invalids and Social Affairs
and refrain from charging workers with service fees.
5. Liquidate contracts for
provision of Vietnamese guest worker service within 180 days from the date on
which workers terminate employment contracts.
6. Ensure rights of workers and
deal with issues met by workers who are brought abroad by the enterprises.
7. Report and cooperate with
overseas Vietnamese diplomatic missions in managing and protecting legal rights
and interests of workers who are working abroad.
8. On an annual basis or irregular
basis, report on provision of Vietnamese guest worker service as prescribed by
Minister of Labor – War Invalids and Social Affairs.
9.
Implement request of competent authorities and cooperate with relevant agencies
and organizations of host countries in settling conflicts relating to workers;
deal with deriving issues in case workers decease or face occupational
accidents, occupational diseases, life-threatening risks, health, self-esteem,
dignity, or property risks, natural disasters, diseases, combats, political
unrests, economic depressions, emergencies or other force majeure.
Section 4.
VIETNAMESE ENTERPRISES BRINGING VIETNAMESE WORKERS ABROAD FOR TRAINING,
IMPROVEMENT AND ENHANCEMENT
Article 36.
Eligibility of Vietnamese enterprises bringing Vietnamese workers abroad for
training, improvement and enhancement
1. Having contracts for receiving
intern workers with overseas intern receivers to bring Vietnamese workers
abroad for training, improvement and enhancement conforming to Article 37 of
this Law and approved by competent authorities specified under Article 39 of
this Law.
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3. Bringing only workers who are
under overseas employment contracts and vocational training contracts for
training, improvement and enhancement at overseas intern receivers according to
contracts for receiving intern workers.
4. Professions and careers for
which Vietnamese workers are sent to for training, improvement and enhancement
must conform to fields of operation of enterprises.
Article 37.
Contracts for receiving intern workers
1. Contracts for receiving intern
workers are written agreements between Vietnamese enterprises with overseas
intern receivers on rights and obligations of parties in providing, receiving
workers of enterprises for overseas training, improvement and enhancement.
2. Contracts for receiving intern
workers must conform to regulations and law of Vietnam and host countries and
contain following details:
a) Intern period;
b) Number of workers; field of
operation; age of workers;
c) Intern locations;
d) Intern conditions and
environment;
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e) Occupational safety and hygiene;
g) Salary, wages;
h) Living conditions, travel
conditions;
i) Medical examination and
treatment;
k) Social insurance, health
insurance, occupational accident and disease insurance, other insurances (if
any);
l) Conditions for premature
contract termination and responsibilities for paying damages;
m) Responsibilities to pay travel
cost from Vietnam to work place and vice versa;
n) Responsibilities of parties when
workers face risks during internship period;
o) Responsibilities of parties in
dealing with arising issues for workers during internship period;
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q) Other agreements that do not
contradict regulations and law and social moral.
Article 38.
Contracts for overseas vocational training
1. Contracts for overseas
vocational training are written agreements between Vietnamese enterprises and
their workers regarding craft training, improvement and enhancement.
2. Contracts for overseas
vocational training must satisfy the Labor Code and conform to contracts for
receiving intern workers.
Article 39.
Registration for contracts for receiving intern workers
1. Contracts for receiving intern
workers must be registered as follows:
a) Enterprises bringing Vietnamese
workers abroad for training, improvement and enhancement under 90 days must
register at specialized labor authorities affiliated to People’s Committees of
provinces where head offices of the enterprises are based;
b) Enterprises bringing Vietnamese
workers abroad for training, improvement and enhancement for at least 90 days
must register at Ministry of Labor – War Invalids and Social Affairs.
2. Within 5 working days from the
date on which adequate applications specified under Article 40 of this Law are
received, competent authorities specified under Clause 1 of this Article must
respond to enterprises in writing or provide reasons in case of rejection.
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1. Application for contracts for
receiving intern workers consists of:
a) Written registration for
contracts for receiving intern workers;
b) Copies of contracts for
receiving intern workers together with certified Vietnamese translation;
c) Documents proving compliance
with regulations and law of host countries in bringing Vietnamese workers
abroad for training, improvement;
d) Copies of enterprise
registration certificates and written proof of enterprise deposit payments according
to Clause 2 Article 36 of this Law.
2. Minister of Labor – War Invalids
and Social Affairs shall prescribe forms of documents specified under Point a
and Point c Clause 1 of this Article.
Article 41.
Rights and obligations of Vietnamese enterprises bringing Vietnamese workers
abroad for training, improvement and enhancement
1. Enterprises have the rights to:
a) request workers to compensate
for damage caused by the workers according to contracts for overseas vocational
training;
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2. Enterprises have the obligations
to:
a) provide adequate and accurate
information on provisions under Clause 2 Article 37 of this Law;
b) sign contracts for overseas
vocational training before workers are brought abroad for training, improvement
and enhancement;
c) enable workers to participate in
orientation education and receive certificate for completion of orientation
education;
d) within 5 working days from the
date on which workers travel abroad, enterprises must update worker information
on database system on Vietnamese guest workers.
dd) manage and protect legal rights
and benefits of workers brought abroad from training, improvement and
enhancement by the enterprises;
e) report and cooperate with
overseas Vietnamese diplomatic missions in managing and protecting legal rights
and interests of workers;
g)
liquidate contracts for overseas vocational training with workers;
h) compensate workers according to
signed contracts and regulations and law on for damage caused by the
enterprises;
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k) deal with worker benefits in
case the enterprises dissolve or go bankrupt as per the law;
l) report on provision of overseas
training, improvement and enhancement for workers to competent authorities
specified under Clause 1 Article 39 of this Law according to Minister of Labor
– War Invalids and Social Affairs;
m) implement request of competent
authorities and cooperate with relevant agencies and organizations of host countries
in settling conflicts relating to workers; deal with deriving issues in case
workers decease or face occupational accidents, occupational diseases,
life-threatening risks, health, self-esteem, dignity, or property risks,
natural disasters, diseases, combats, political unrests, economic depressions,
emergencies or other force majeure.
Section 5.
SERVICE PROVIDERS PROVIDING VIETNAMESE GUEST WORKER SERVICE
Article 42.
Eligibility of service providers providing Vietnamese guest worker service
1. Service providers specified
under Clause 3 Article 2 of this Law must be assigned by ministers, heads of
Governmental agencies and heads of ministerial agencies in writing to provide
Vietnamese guest worker service in implementation of international agreements.
Ministers, heads of Governmental
agencies and heads of ministerial agencies shall only assign 1 service provider
to provide Vietnamese guest worker service after receiving written consensus of
Ministry of Labor – War Invalids and Social Affairs.
2. Heads of providers of Vietnamese
guest worker service must have at least university-level education and at least
3 years of experience in provision of Vietnamese guest worker service,
international cooperation and employment service.
3. Providers of Vietnamese guest
worker service shall operate on a non-profit basis and must not charge workers
for service fee.
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1. Service providers have the
rights to:
a) sign labor supply contracts with
foreign employment receivers if required by international agreements;
b) recruit, train and sign
contracts for providing Vietnamese guest worker service according to
regulations of Minister of Labor - War Invalids and Social Affairs;
c) negotiate with workers about deposit
payment and guarantee for execution of contract obligations as prescribed by
the Government;
d) request workers to compensate
for damage caused by infringement of contracts for provision of Vietnamese
guest worker service;
dd) complain and/or file lawsuits
against decisions or violations to regulations and law in provision of
Vietnamese guest worker service;
e) unilaterally liquidate contracts
for provision of Vietnamese guest worker service after informing in form of
registered mails 3 times within 180 days from the date on which workers
terminate employment contracts without liquidating or legally authorizing other
individuals to liquidate contracts, or within 180 days from the date on which
workers extend employment contracts without executing rights and obligations
under contracts for provision of Vietnamese guest worker service.
2. Service providers have the
obligations to:
a) report to Ministry of Labor –
War Invalids and Social Affairs and supervisory authorities of service
providers on provision of Vietnamese guest worker service together with copies
of labor supply contracts (if any) and form-based contract for provision of
guest worker service at least 15 days before providing Vietnamese guest worker
service;
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c) within 5 working days from the
date on which workers travel abroad, service providers must update information
of workers brought abroad by the service providers on database system on
Vietnamese guest workers on a monthly basis.
d) organize orientation education
and issue certificate for completion of orientation education for workers;
dd) cooperate with overseas
Vietnamese diplomatic missions in managing, protecting legal rights and
interests of workers and dealing with arising issues of workers who are working
abroad;
e)
liquidate contracts for provision of Vietnamese guest worker service within 180
days from the date on which workers terminate employment contracts;
g) on an annual basis or irregular
basis, report on provision of Vietnamese guest worker service as prescribed by
Minister of Labor – War Invalids and Social Affairs;
h) implement request of competent
authorities and cooperate with relevant agencies and organizations of host
countries in settling conflicts relating to workers; deal with deriving issues
in case workers decease or face occupational accidents, occupational diseases,
life-threatening risks, health, self-esteem, dignity, or property risks,
natural disasters, diseases, combats, political unrests or emergencies or other
force majeure;
i) compensate workers according to
signed contracts and regulations and law on for damage caused by the service
providers.
Chapter III
VIETNAMESE GUEST WORKERS
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Article 44.
Eligibility of Vietnamese workers brought abroad by enterprises, service
providers, Vietnamese organizations and individuals making outward investment
1. Having full legal capacity.
2. Voluntarily working abroad.
3. Having adequate health according
to regulations and law of Vietnam and requirements of host countries.
4. Having adequate foreign
language, specialty, education level, skill requirements and other requirements
according to host countries.
5. Having certificate for
completion of orientation education.
6. Not being listed under cases of
prohibited from making exit, ineligible for making exit and suspended from
making exit as per the law.
Article 45.
Dossiers of Vietnamese guest workers
1. Application for overseas
employment.
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3. Health certificate as prescribed
by Minister of Health.
4. Certificate for completion of
orientation education.
5. Degrees and certificates on
foreign languages, specialties, education level, skills and other documents
required by host countries.
Article 46.
Rights and obligations of workers brought abroad for employment by service
enterprises
1. Rights and obligations specified
under Article 6 of this Law.
2. Sign contracts for provision of
Vietnamese guest worker service with service enterprises.
3. Receive compensation in case
service enterprises commit infringement of contracts for provision of
Vietnamese guest worker service.
4. Terminate contracts for
provision of Vietnamese guest worker service with service enterprises if the
service enterprises fail to follow commitment under contracts for provision of
Vietnamese guest worker service, except for cases in which the parties agree
otherwise.
5. Extend or sign new employment
contracts satisfactory to regulations and law of host countries.
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7. Agree with service enterprises
on deposit payments or introduce guarantors to ensure execution of obligations
of contracts for provision of Vietnamese guest worker service.
8. Liquidate contracts for
provision of Vietnamese guest worker service with service enterprises within
180 days from the date on which workers terminate employment contracts.
Article 47.
Rights and obligations of workers brought abroad for employment by enterprises
awarded with contracts or receiving contracts for overseas construction and
projects or Vietnamese organizations, individuals making outward investment
1. Rights and obligations specified
under Article 6 of this Law.
2. Agree with Vietnamese
enterprises which are awarded with contracts or receive contracts for overseas
constructions and projects or Vietnamese organizations and individuals which
make outward investment on working hours, break time, overtime hours, salaries,
working conditions, living conditions, medical examination and treatment and
other benefits when working abroad satisfactory to regulations and law of Vietnam
and of host countries.
3. Sign and liquidate contracts for
provision of Vietnamese guest worker service with Vietnamese organizations and
individuals making outward investment.
4. Receive compensation in case
Vietnamese enterprises which are awarded with contracts or receive contracts
for overseas constructions and projects or Vietnamese organizations,
individuals making outward investment violate Clause 2 of this Article.
Article 48.
Rights and obligations of workers receiving overseas training, improvement and
enhancement
1. Rights and obligations specified
under Article 6 of this Law.
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3. Receive compensation in case
enterprises bringing workers abroad for training, improvement and enhancement
infringe contracts for overseas vocational training.
4. Be welcomed and assigned with
appropriate professions by enterprises after repatriating.
Article 49.
Rights and obligations of workers brought abroad for employment by service
providers
1. Rights and obligations specified
under Article 6 and Clause 5 Article 46 of this Law.
2. Sign contracts for provision of
Vietnamese guest worker service with service providers.
3. Agree with service providers on deposit
payments and guarantee measures to ensure contract execution according to this
Law.
4. Receive compensation in case
service providers commit infringement of contracts for provision of Vietnamese
guest worker service.
5. Liquidate contracts for
provision of Vietnamese guest worker service with service providers within 180
days from the date on which workers terminate employment contracts.
Section 2.
VIETNAMESE GUEST WORKERS UNDER DIRECTLY-CONCLUDED CONTRACTS
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1. Eligibility specified under
Clauses 1,2,3,4, and 6 Article 44 of this Law.
2. Having employment contracts
according to Article 52 of this Law.
3. Having written confirmation
regarding registration of employment contracts of specialized labor agencies affiliated
to People’s Committees of provinces where workers reside.
Article 51.
Rights and obligations of Vietnamese guest workers under directly-concluded
contracts
1.
Vietnamese guest workers under directly-concluded contracts shall have the
rights to:
a)
receive information on policies, regulations and law on Vietnamese guest
workers from specialized labor agencies affiliated to People’s Committees of
provinces and overseas Vietnamese missions;
b) receive protection of legal
rights and benefits from overseas Vietnamese missions according to regulations
and law of Vietnam and of host countries, international laws and practices
while working abroad; receive advice and assistance to execute rights and
obligations, and receive benefits according to employment contracts;
c) benefit from fund for overseas
employment; other rights according to this Law and relevant law provisions;
d) transfer salary, wages, income,
and other legal assets of individuals according to regulations and law of
Vietnam and of the host countries.
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a) register employment contracts;
b) execute provisions under
employment contracts and regulations of workplace;
c) participate in social insurance,
medical insurance, unemployment insurance according to Vietnamese regulations
and law and other forms of insurance according to regulations and law of host
countries.
d) submit income tax according to
regulation and law of Vietnam and of host countries;
dd) contribute to fund for overseas
employment according to this Law;
e) register citizen status at
overseas Vietnamese missions in host countries.
Article 52.
Directly-concluded employment contracts
1. Directly-concluded employment
contracts are written agreements between Vietnamese with foreign employers on
paid work, salaries, working conditions, rights and obligations of parties in
employment relationship.
2. Primary contents of
directly-concluded employment contracts must conform to regulations and law of
Vietnam and of host countries, including:
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b) Duration of contracts;
c) Working location;
d) Working hours, break time and
overtime hours;
dd) Salary, wages;
e) Living conditions, travel
conditions;
g)
Medical examination and treatment;
h) Social insurance, health
insurance, occupational accident and disease insurance, other insurances (if
any);
i) Responsibilities of foreign
employers in case of occupational accidents or risks related to workers while
working abroad;
k)
Mechanisms, procedures and regulations and law on solving conflicts.
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1. Application for registering
employment agreements consists of:
a) Written registration using form
prescribed by Minister of Labor – War Invalids and Social Affairs;
b) Copies of employment contracts
together with certified Vietnamese translation;
c) Copies of ID cards, Citizen
Identity Cards or passports of workers;
d) Personal background sheets
bearing confirmation of People’s Committees of communes where the workers
reside or supervisory bodies of workers.
2. Within 5 working days from the
date on which adequate applications are received, specialized labor agencies
affiliated to People’s Committees of provinces must confirm registration of employment
contracts for workers in writing or provide reasons in case of rejection.
Article 54.
Conclusion of employment contracts after migrating
1. Vietnamese citizens concluding
legal employment contracts after migrating may benefits from rights specified
under Points a, b, d, e, h, and i Clause 1 Article 6 of this Law if they
register employment contracts online with Vietnamese competent authorities and
execute obligations specified under Points a, b, and i Clause 2 Article 6 of
this Law.
2. Government shall elaborate this
Article.
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Article 55.
Eligibility of guarantor
1. Individuals have full legal
capacity and organizations having legal personality.
2. Having economic capacity to
enforce guarantee as per this Law.
Article 56.
Cases and scope of guarantee
1.
Guarantee shall be implemented when workers do not have sufficient deposit
payments according to Article 25 of this Law or to implement enforcement
measures agreed upon according to Point c Clause 1 Article 43 of this Law.
2. Guarantor shall agree with
service enterprises and service providers on guarantee responsibilities for
part or all obligations of workers.
3. Guarantee shall comply with
Civil Code. In case guarantor fails to adequately execute guarantee
obligations, service enterprises and service providers have the rights to
request guarantor to pay the value of violated obligations and pay damages.
Article 57.
Period for implementation of guarantee obligations
Period for implementation of
guarantee obligations shall be agreed upon by service enterprises and service
providers; if both parties fail to reach an agreement, guarantor shall
implement guarantee obligations in a reasonable period indicated by service
enterprises and service providers starting from the date on which guarantors
receive notice of service enterprises and service providers on implementing
obligations on behalf of workers.
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1. Guarantee contracts must be made
into physical copies.
2. Guarantee contracts must have
following contents:
a) Guarantee scope;
b) Rights and obligations of
parties;
c) Termination of guarantee.
3. Minister of Labor – War Invalids
and Social Affairs shall elaborate to contents of guarantee contracts and
liquidation of guarantee contracts for Vietnamese guest workers.
Article 59.
Enforcement measures for implementation of guarantee obligations
1. Service enterprises and service
providers may agree with guarantors on employing measures to enforce
implementation of guarantee obligations in form of assets.
2. Employment of enforcement
measures in form of assets must be kept record or specified under guarantee
contracts.
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Section 4.
SUPPORT FOR REPATRIATING WORKERS
Article 60.
Employment and start-up assistance
1.
Ministry of Labor – War Invalids and Social Affairs shall cooperate with
ministries in guiding People’s Committees of provinces to execute policies on
assisting workers in creating employment and start-up; connect databases system
on Vietnamese guest workers with database system on employment market to allow
employers and workers to access, extract, utilize information and look for appropriate
career.
2. People’s Committees of provinces
shall rely on socio-economic conditions and budget capacity of local
governments to request People's Councils of the same levels to issue policies
on assisting local workers; organize training courses to enable workers to
employ knowledge, skills, experience and craft.
3. Employment agencies shall
provide adequate information on employment market and recruitment demand of
employers to enable workers to select professions suitable for their knowledge,
skills, experience and craft.
4. Service enterprises shall
introduce employment for repatriating workers.
Article 61.
Social integration
Encourage organizations and
individuals who participate in worker assistance to seek voluntary social
psychological consulting service after repatriating.
Chapter IV
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Article 62.
Purpose of craft and foreign language improvement and orientation education
Craft and foreign language
improvement and orientation education for workers before working abroad aim to
provide basic craft, foreign language, legal and general knowledge to satisfy
requirements of foreign employment market.
Article 63.
Craft and foreign language improvement
When shortlisting and recruiting,
if workers have not satisfied craft and foreign language requirements of
foreign employment receivers, service providers may agree with workers on
providing craft and language training for workers.
Article 64.
Assistance for vocational training facilities
The Government shall develop
policies on incentivizing investment for vocational training facilities to
improve craft and foreign language for Vietnamese guest workers to meet
requirements of foreign employment receivers and conform to Law on Vocational
Education.
Article 65.
Orientation education
1.
Orientation education consists of:
a)
Vietnamese tradition and customs;
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c) Basic contents of contracts
related to provision of Vietnamese guest worker service;
d) Ability to spend, save and send
money to Vietnam while working abroad;
dd) Labor discipline, occupational
safety and hygiene;
e) Traditions and customs of host
countries;
g) Behavior in work and daily life;
h) Use of communication, traffic
and trading equipment; use of devices and equipment serving daily activities;
i) Basic knowledge on labor abuse,
prevention and counter of human trafficking, gender equality, sexual
harassment, gender violence and prevention measures;
k) Basic provisions on citizen
protection, protection of legal rights and interests and issues to be aware of
while working abroad;
l) Orientation regarding access to
employment opportunity after repatriating;
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2. Enterprises, service providers,
Vietnamese organizations and individuals providing Vietnamese guest worker
service are responsible for organizing orientation education and issuing
certificate for completion of orientation education for workers before working
abroad.
3. Minister of Labor – War Invalids
and Social Affairs shall prescribe programs, contents, duration of orientation
education, form and duration of certificate for completion of orientation
education courses.
Chapter V
FUND FOR OVERSEAS EMPLOYMENT
Article 66.
Fund for overseas employment
1. Fund for overseas employment is
a non-budget government fund affiliated to Ministry of Labor – War Invalids and
Social Affairs aiming to assist market development, stabilization and
expansion; prevent, minimize and remediate risks for workers and enterprises;
protect legal rights and benefits of workers.
The fund must not operate on a
profit basis, must have juridical person and must have independent accounting.
2. Fund for overseas employment
shall comply with accounting, auditing policies and publicize annual
operational results and accounting results as per the law on website of
Ministry of Labor – War Invalids and Social Affairs.
3.
The Prime Minister shall decide on establishment of fund for overseas
employment; prescribe operational organization of the fund, fund management and
use, contribution to the fund of enterprises, workers, expense purposes and
amount for tasks specified under Article 67 of this Law.
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1.
Support workers:
a) who must prematurely repatriate
due to occupational accidents, risks, hazards, illnesses or diseases and is no
longer capable of working;
b) who must prematurely repatriate
due to dissolution, bankruptcy or downsizing of foreign employers as a result
of natural disasters, epidemic, political unrests, combats, economic depression
or other force majeure;
c) who must prematurely repatriate
due to unilateral termination of employment contracts according to Point dd
Clause 1 Article 6 of this Law;
d) who are subject to resolution of
arising conflicts related to the workers in provision of Vietnamese guest
worker service;
dd) who decease or go missing while
working abroad (in this case, support beneficiaries shall be relatives of the
workers).
2. Support enterprises:
a) in extracting, developing and
stabilizing overseas employment market;
b) in dealing with issues related
to workers brought abroad by the enterprises.
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4. Expense on managing fund for
overseas employment.
Article 68.
Sources of fund for overseas employment
1. Contribution of service
enterprises.
2. Contribution of workers.
3. Other legitimate revenues.
Chapter VI
STATE MANAGEMENT REGARDING VIETNAMESE GUEST WORKERS
Article 69.
Provisions of state management regarding Vietnamese guest workers
1.
Develop and organize implementation of policies and plans for providing
Vietnamese guest worker service conforming to socio-economic development
conditions of the country from time to time.
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3. Organize management, direct and
guide management of Vietnamese guest workers.
4. Manage Vietnamese guest workers
by codes and integrate on database on Vietnamese guest workers.
5. Encourage expansion,
stabilization and development of overseas employment market.
6. Perform international cooperation
in Vietnamese guest worker sector.
7. Examine, inspect, take actions,
and deal with complaints and accusations in Vietnamese guest worker sector.
Article 70.
Responsibilities for state management regarding Vietnamese guest workers
1. The Government shall unify state
management regarding Vietnamese guest workers.
2. Ministry of Labor – War Invalids
and Social Affairs shall be responsible to the Government for performing state
management regarding Vietnamese guest workers and:
a) publicizing and transparentizing
information on provision of Vietnamese guest worker service on website of
Ministry of Labor - War Invalids and Social Affairs;
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c) cooperating with Ministry of
Foreign Affairs in sending officials and guiding labor management operations
for Vietnamese diplomatic missions.
3. Ministries and ministerial
agencies, within their tasks and powers, must cooperate with Ministry of Labor
– War Invalids and Social Affairs in performing state management regarding
Vietnamese guest workers.
4. People’s Committees of all
levels shall perform state management regarding Vietnamese guest workers in
local administrative divisions.
Article 71.
Responsibilities of Vietnam representative offices located overseas
1.
Protecting legal rights and benefits of Vietnamese guest workers; taking
actions against violations of Vietnamese guest workers according to regulations
and law on penalties for administration violations.
2. Cooperating with Ministry of
Labor – War Invalids and Social Affairs in conducting research and inspecting
market, regulations and law of host countries on guest workers; providing
information and guiding service enterprises to access markets.
3. Assisting regulatory agencies on
Vietnamese guest workers in appraising conditions for receiving workers and
executing contracts.
4. Assisting, guiding and
cooperating with agencies, enterprises, service providers, Vietnamese
organizations and individuals making outward investment, agencies and
organizations of host countries in managing and dealing with arising issues for
workers and repatriating workers.
5. Assisting workers in accessing,
contributing, following up procedures and receiving support from fund for
overseas employment while working abroad.
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CONFLICT RESOLUTION
Article 72.
Principles for conflict resolution
1. Conflicts between workers and
enterprises, service enterprises, Vietnamese organizations and individuals
bringing Vietnamese workers abroad for employment shall be resolved on the
basis of contracts signed by the parties and Vietnamese regulations and law.
2. Conflicts between Vietnamese
workers and foreign employers shall be resolved on the basis of agreements
reached by the parties and regulations and law of host countries, international
agreements to which Socialist Republic of Vietnam is a signatory and
international agreements which were signed by ministries, ministerial agencies
or Governmental agencies and foreign parties.
3. Conflicts between service
enterprises, providers of Vietnamese guest worker service and foreign
employment receivers or intermediate organizations, individuals shall be
resolved on the basis of agreements reached by the parties and regulations and
law of host countries, international agreements to which Socialist Republic of
Vietnam is a signatory and international agreements which were signed by
ministries, ministerial agencies or Governmental agencies and foreign parties.
Chapter VIII
IMPLEMENTATION
Article 73.
Entry into force
1. This Law comes into force from
January 1, 2022.
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Article 74.
Transition clauses
1. From the effective date hereof:
a) Service enterprises issued with
certificate according to Law on Vietnamese guest workers No. 72/2006/QH11 may
operate under issued license.
In case service enterprises fail to
guarantee eligibility under Points a, b, d, dd, and e Clause 1 Article 10 of
this Law, fully revise within 12 months; failure to adequately revise shall
result in termination of provision of Vietnamese guest worker service and
license revocation;
b) Service enterprises issued with
license according to Law on Vietnamese guest workers No. 72/2006/QH11 and satisfying
eligibility specified under Points a, b, d, dd, and e Clause 1 Article 10 of
this Law may request reissuance of license if needed;
c) Contracts for provision of
Vietnamese guest worker service, contracts for provision of internship and
other relevant agreements that have been signed, and worker under which have
migrated before the effective date hereof shall remain until said contracts and
agreements expire;
d) Contracts for labor supply and
contracts for receiving intern workers signed before the effective date hereof
shall remain valid until said contracts expire with respect to provisions
related to workers who have migrated before July 1, 2022; in case workers
migrate from July 1, 2022, Contracts for labor supply and contracts for
receiving intern workers must be reviewed to negotiate revision or renewal to
conform to this Law.
2. The Government shall prescribe
application and procedures for reissuance of license specified under Point b
Clause 1 of this Article.
This Law is approved in the 10th
session of the 14th National Assembly of the Socialist Republic of Vietnam on
November 13, 2020.
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CHAIRPERSON
OF NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan