|
THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
--------
|
|
No.
07/CP
|
Hanoi,
January 20th, 1995.
|
DECREE
DETAILING SOME ARTICLES OF THE LABOR CODE CONCERNING THE
SENDING OF VIETNAMESE LABORERS TO WORK FOR GIVEN TERMS ABROAD
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government on the 30th of September 1992;
Pursuant to the Labor Code on the 23rd of June 1994;
At the proposal of the Minister of Labor, War Invalids and Social Affairs;
DECREE :
Chapter I
GENERAL PROVISIONS
Article 1.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 2.
- To send
Vietnamese laborers to work for given terms abroad is a way of solving the
employment problem, generating income for the laborers, contributing to
increasing foreign exchange income for the country, and strengthening the
economic, cultural, scientific and technical cooperation between Vietnam and
other countries on the principle of equality, mutual benefits and respect for
the law, and customs and habits of each other.
Article 3.
1. Those
allowed to go to work abroad must be Vietnamese citizens from 18 years of age
upward, having full legal capacity and action capacity, who have fully
discharged their citizen obligation under law and who volunteer to work abroad.
They include trained (including experts, specialists) and untrained people,
graduates of vocational schools in the country and abroad, the personnel in
businesses of all economic sectors, administrative and public services, social
and mass organizations outside the persons defined in Item 2 of this Article.
2. The following persons are not
entitled to be sent for work abroad under this Decree :
- Public servants and
functionaries at State administrative agencies;
- Officers, non-commissioned
officers and men in the People's Army and People's Security Force;
- The personnel in a number of
branches and services who are not allowed to work abroad by State regulations;
- The persons who are being
investigated for penal liability or who are serving prison terms or who are not
yet acquitted of culpability.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 4.
1.
Vietnamese laborers shall go and work abroad for given terms in the following
forms : labor supply contracts; specialist-hiring contracts; work-and-study
contracts; contracts on the construction of the whole or part of a project,
production sharing contracts; contracts on joint ventures between Vietnamese
economic organizations and economic organizations or individuals in foreign
countries; labor contracts between Vietnamese laborers and economic organizations
or individuals in foreign countries.
2. The above contracts shall be
signed on the basis of Vietnamese law, the law of the host country, and
international treaties which the Socialist Republic of Vietnam has signed or
acceded to.
Article 5.
- The Ministry
of Labor, War Invalids and Social Affairs shall grant permits to the eligible
economic organizations stipulated at Article 8 of this Decree which shall send
Vietnamese laborers to work for given terms in foreign countries.
Chapter II
RIGHTS AND OBLIGATIONS
OF THE LABORERS WORKING FOR GIVEN TERMS ABROAD
Article 6.
- The
laborers have the following rights :
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. They are entitled to the
benefits written in the signed contracts and related documents already agreed
upon between Vietnam and the host country.
3. Their legitimate rights and
interests which conform with Vietnam's law and the law of the host country as
well as with international law and practice are protected by the Vietnamese
diplomatic or consular representations in the host country.
4. They are entitled to social
insurance benefits and the related policies and regimes as prescribed by
Vietnamese law.
5. They are allowed to take
along to the host country and to take home the necessary working tools, to
transfer their income in foreign currency and their personal properties to the
country according to the agreements and contracts signed with foreign countries
under current law of Vietnam and the host country;
6. They are entitled to send
complaints to the authorized managerial agencies of Vietnam and the host
country about the violations of contracts by the employer or the economic
organization which sends Vietnamese laborers to work for given terms in foreign
countries, violations which affect their legitimate interests.
7. They shall be issued the
labor book, the wage book and the social insurance book as prescribed by
Vietnamese law.
Article 7.
- The
laborers have the duties :
1. To sign the contract to work
abroad with the economic organization assigned the task of sending Vietnamese
laborers to work for given terms in foreign countries, sign the contract with
the employer in the foreign country (if any), and fully abide by the terms of
the contract;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. To remit to the economic
organization assigned the task of sending Vietnamese laborers to work for given
terms abroad, a security money as guarantee for the fulfillment of the
contract. The level of this remittance and the modalities for this remittance
shall be agreed upon between the laborers and the economic organization, but it
must not exceed the airfare from Vietnam to the host country;
4. To pay social insurance
premiums as prescribed by the Vietnamese Government through the economic
organization assigned the task of sending the laborers to work for given terms
abroad;
5. To pay income tax as
prescribed by law;
6. To take responsibility for
the damage caused by their violations of the signed labor contracts and other
property relations of their own under the law of Vietnam and the host country;
8. To observe the law, respect
the customs and habits, and maintain good relations with the people in the host
country.
Chapter III
ABOUT THE ECONOMIC
ORGANIZATIONS ASSIGNED THE TASK OF SENDING VIETNAMESE LABORERS TO WORK FOR
GIVEN TERMS ABROAD
Article 8.
- The
economic organizations which gather the following conditions shall be
considered by the Ministry of Labor, War Invalids and Social Affairs for the
granting of operating permits to send Vietnamese laborers to work for given
terms abroad :
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Well acquainted with the
labor market, the labor law and the immigration law of the host country and the
related international laws;
3. Having an apparatus and a
contingent of personnel capable in management and foreign languages.
Article 9.
- The
economic organizations having been issued operating permits defined in Article
8 of this Decree have the following powers :
1. To take the initiative in
finding out and surveying the labor market, choose the forms of contract and
sign contracts to send Vietnamese laborers to work for given terms abroad, to
assure the interests of the State, the economic organizations and the laborers.
2. To directly organize the
fostering, training and selection of labor in conformity with the requirements
of the employer and the prescriptions of Vietnamese law.
3. To collect from the laborers
a service fee defined in Item 2 of Article 7 of this Decree.
4. To preserve the security
money as defined in Item 3 of Article 7 of this Decree, and return to the
laborers on the expiry of their labor contracts, including the interest
calculated according to the interest rate for current deposits announced for
each period by the Vietnam State Bank.
5. They are entitled to request
the laborers to pay compensations for their violations of the contracts.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 10.
- The
economic organizations, which have been granted operating permits defined in
Article 8 of this Decree, have the following responsibilities :
1. To apply for permits to carry
out the contracts according to Articles 12 and 13 of this Decree;
2. To strictly carry out the
contracts signed with the foreign sides;
3. To sign contracts with the
laborers to work abroad;
4. To ensure fully the interests
of the laborers under the provisions of the contract signed with the foreign
side;
5. To collect the social
insurance premiums of the laborers and to remit it to the Social Insurance Fund
as prescribed by the Vietnamese Government;
6. To select the laborers,
accompany them to the host countries and back to Vietnam, manage and protect
their legitimate interests during their working period abroad;
7. To preserve and certify in
the labor book, the pay book and the social insurance book, the income of the
laborers during their working period abroad according to the prescriptions of
Vietnamese law;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
9. To observe the regime on
making reports as prescribed by the Ministry of Labor, War Invalids and Social
Affairs.
Article 11.
- The
economic organizations, which are granted operating permits stipulated in
Article 8 of this Decree, are entitled to appoint their representatives in the
host countries in order to manage the laborers working in these countries,
study and expand the labor market. The apparatus and personnel shall be
determined by the economic organizations themselves in conformity with
prescriptions of Vietnamese law.
Chapter IV
RESPONSIBILITIES OF THE
MINISTRIES , SERVICES AND LOCALITIES IN SENDING VIETNAMESE LABORERS TO WORK
ABROAD
Article 12.
- The
Ministry of Labor, War Invalids and Social Affairs has the responsibility :
1. To exercise unified State
management of the sending of Vietnamese laborers to work for given terms
abroad;
2. To negotiate and sign
Governmental Agreements on cooperation in the use of labor with foreign
countries on mandate from the Prime Minister;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. To study the labor market
abroad, coordinate with other ministries, services and localities in working
out and organizing the execution of the working programs abroad, and provide
guidance for the economic organizations operating in the area of sending
Vietnamese laborers to work abroad;
5. Basing itself on the need of
the labor market abroad to issue permits to the economic organizations and
collect fees for this issue according to regulations of the Government;
6. To periodically report to the
Prime Minister on the situation of the Vietnamese laborers working for given
terms abroad; to coordinate with the Ministry for Foreign Affairs and the
concerned ministries and services in the settlement of problems that might
arise;
7. To propose to the Ministry
for Foreign Affairs to appoint persons to look after the State management of
labor at the representative offices of Vietnam abroad.
Article 13.
- The
permit stipulated at Item 5 of Article 12 comprises the following :
1. The operating permit for
sending Vietnamese laborers to work for given terms abroad shall be granted to
the economic organizations defined at Article 8 of this Decree. It is valid for
three years.
2. The permit to carry out the
contract to send Vietnamese laborers to work for given terms abroad. This permit
shall be issued only to the economic organizations which already have the
operating permits to send Vietnamese laborers to work abroad.
3. The laborer, who wants to go
and work abroad under a contract with an organization or individual abroad,
must fill the procedures through an economic organization having an operating
permit.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The Minister of Labor, War
Invalids and Social Affairs shall define the procedures for issuing permits in
order to ensure close but simple and expedient State management conformable
with the need to reform the administrative procedures of the Government.
Article 14.
- The
Ministries, the People's Committees in the provinces and cities directly under the
Central Government shall have to study the labor market; set up economic
organizations responsible for sending Vietnamese laborers to work for given
terms abroad according to the prescriptions of law; propose the Ministry of
Labor, War Invalids and Social Affairs to issue permits for these
organizations, and also to guide, monitor and create favorable conditions for
the recruitment of labor in the branches or localities under its management to
go and work abroad.
Article 15.
- The
Ministry for Foreign Affairs, the State Committee for Cooperation and
Investment, the Ministry of Trade and the other Ministries and branches shall,
within their own jurisdiction, coordinate with the Ministry of Labor, War
Invalids and Social Affairs in carrying out the plans for cooperation and use
of Vietnamese labor signed with foreign countries.
Article 16.
- The
Ministry of the Interior shall take the initiative and in cooperation with the
Ministry for Foreign Affairs and the Ministry of Labor, War Invalids and Social
Affairs provide unified guidance in the procedures regarding personnel,
passport and exit visa for the Vietnamese laborers to work abroad according to
simple, close and expeditious modalities in order to meet the time schedule
and, within its own jurisdiction, direct the good implementation of the
management of Vietnamese laborers during their working period abroad.
Chapter V
IMPLEMENTATION PROVISIONS
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Any
organization which discharges well the sending of Vietnamese laborers to work
abroad shall be considered for commendation and reward. Those who violate the
provisions of this Decree and other provisions of law thus leading to bad
consequences shall, depending on the extent of the violation be suspended, have
their permits withdrawn or disciplined or be subjected to administrative
sanctions or investigated for penal liability.
Article 18.
- This
Decree takes effect from the 1st of January 1995. Decree No.370-HDBT on the 9th
of November 1991 and all other previous regulations contrary to the Labor Code
and this Decree are now annulled.
Article 19.
- The
Ministry of Labor, War Invalids and Social Affairs shall coordinate with the
other concerned ministries and services in providing concrete guidance for the
implementation of this Decree.
Article 20.
- The
Ministers, Heads of ministerial-level agencies, Heads of the agencies attached
to the Government, the Presidents of the People's Committees in the provinces
and cities directly under the Central Government shall have to implement this
Decree.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.