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MINISTRY OF
LABOR – WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
21/2021/TT-BLDTBXH
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Hanoi, December
15, 2021
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CIRCULAR
DETAILING
A NUMBER OF ARTICLES OF THE LAW ON VIETNAMESE GUEST WORKERS
Pursuant to the Law on
Vietnamese Guest Workers No. 69/2020/QH14 dated November 13, 2020;
Pursuant to Decree No.
14/2017/ND-CP dated February 17, 2017 of the Government on functions, duties,
entitlements, and organizational structure of the Ministry of Labor – War
Invalids and Social Affairs;
At the request of the Head
of the Overseas Labor Agency;
The Minister of Labor - War
Invalids and Social Affairs promulgates Circular on detailing a number of
Articles of the Law on Vietnamese Guest Workers No. 69/2020/QH14 dated November
13, 2020 (hereinafter referred to as “Law No. 69/2020/QH14”)
Article 1. Scope
This Circular elaborates a
number of the following Articles and Clauses of the Law on Vietnamese Guest
Workers:
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2. Details of the labor supply
contract in accordance with regulations prescribed in Clause 3 Article 19.
3. Documents proving compliance
with regulations and laws of host countries of the provision of Vietnamese
guest workers in accordance with regulations prescribed in Clause 4 Article 20;
Documents proving compliance with regulations and law of host countries in
bringing Vietnamese workers abroad for training and improvement in accordance
with regulations prescribed in Clause 2 Article 40.
4. The ceiling wage under
brokerage agreements in accordance with regulations prescribed in Clause 3
Article 22.
5. The ceiling service fees in
accordance with regulations prescribed in Point c Clause 4 Article 23.
6. Professional staff for
managing and supporting overseas workers in accordance with regulation
prescribed in Point e Clause 2 Article 26.
7. The content of guarantee
contracts and liquidation of guarantee contracts in accordance with regulations
prescribed in Point 3 Article 58.
8. Programs, contents, duration
of orientation education; form and duration of certificate for completion of
orientation education courses in accordance with regulations prescribed in
Clause 3 Article 65.
9. The form of applications for
registration of labor supply contracts in accordance with regulations
prescribed in Clause 4 Article 20; the form of applications for registration of
contracts for receiving intern workers in accordance with regulations
prescribed in Clause 2 Article 40; the form of applications for registration of
directly-concluded labor contracts in accordance with regulations prescribed in
Point a Clause 1 Article 53.
10. The form of contracts for
the provision of Vietnamese guest worker services signed between the workers
and service enterprises in accordance with regulations prescribed in Clause 3
Article 21; the content and form of contacts for the provision of Vietnamese
guest worker services signed between the workers and Vietnamese entities making
outward investments in accordance with regulations prescribed in Clause 4
Article 35; between the workers and service providers in accordance with
regulations prescribed in Point b Clause 1 Article 43.
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Article 2. Regulated
entities
1. Vietnamese guest workers.
2. Vietnamese enterprises
providing Vietnamese guest worker services.
3. Vietnamese enterprises
providing overseas training, improvement, and enhancement for workers.
4. Vietnamese entities making outward
investments providing Vietnamese guest worker services.
5. Public service providers
affiliated to ministries, ministerial agencies, Governmental agencies assigned
to bring Vietnamese abroad as guest workers.
6. Entities related to the
implementation of this Circular.
Article 3. Preparation of
labor sources
An application for preparation
of labor sources includes:
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2. Copies of the written
request of foreign employment receivers or cooperation agreements between
Vietnamese enterprises and foreign employment receivers attached with certified
Vietnamese translations including the following content:
a) The number of workers that
the Vietnamese enterprise has to prepare and professions and genders of
workers;
b) Requirements on
qualifications, vocational skills, and foreign languages of workers;
c) Basic information on the
foreign job (working place, salary, length of the labor contract);
d) Estimated time for the
qualification.
3. A document proving
permission to employ foreign workers issued by competent authorities of host
countries regarding a foreign employment receiver cooperating with a Vietnamese
service enterprise for the first time is one of the two following documents:
a) 1 copy of the license to
operate issued by a competent authority of the host country regarding a foreign
employment receiver is an employment service organization;
b) 1 copy of one of the
following documents regarding a foreign employment receiver is the employee:
the written approval on foreign workers issued by a competent authority of the
host country; the quota notification for receiving foreign workers issued by a
competent authority of the host country; other documents permitting the
recruitment of foreign workers in accordance with regulations of the host
country.
4. A plan for preparing labor
sources includes the following content:
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b) Methods of preparing labor
sources:
B1) Pre-qualifications (if
any): Time and location;
b2) Expected vocational skills
training (if any): Time (start time and end time), location, and methods of
training (direct/associate);
b3) Expected foreign languages
education (if any): Time (start time and end time), location, and methods of
education (direct/associate);
5. A commitment to prioritize
selecting workers who have participated in the labor source preparation phase
is the document showing the prioritized content for a selection of the
enterprise for each worker who has participated in the labor source preparation
phase when forming the labor supply contract.
Article 4. Detailed content
of the labor supply contract
The detailed content of a labor
supply contract according to the market, sector, profession, and job is as
follows:
1. Regarding sectors,
professions, and jobs in the Japanese market, comply with regulations
prescribed in Appendix II promulgated with this Circular.
2. Regarding sectors,
professions, and jobs in the Taiwanese market (China), comply with regulations
prescribed in Appendix III promulgated with this Circular.
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4. Regarding sectors,
professions, and jobs in West Asia, Central Asia, and Africa markets, comply
with regulations prescribed in Appendix V promulgated with this Circular.
5. Regarding sectors,
professions, and jobs in markets of Europe and Oceania, comply with regulations
prescribed in Appendix VI promulgated with this Circular.
6. Regarding sectors,
professions, and jobs in the market of Americas, comply with regulations
prescribed in Appendix VII promulgated with this Circular.
7. Regarding sectors,
professions, and jobs in the Chinese market or Macau market (China), comply
with regulations prescribed in Appendix VIII promulgated with this Circular.
8. Regarding labor jobs on the
international sea, comply with regulations prescribed in Appendix IX
promulgated with this Circular.
Article 5. Documents proving
compliance with regulations and laws of host countries of the provision of
Vietnamese guest workers
1. Regarding the Malaysian
market and the Taiwanese market (China), proving documents include:
a) 1 copy of the appraisal
sheet for recruitment of Vietnamese workers of a Vietnamese representative
mission in the host country or territory;
b) 1 copy of the license to
recruit foreign workers issued by a competent authority of the host country to
the employer with its Vietnamese translation.
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a) If a foreign employment
receiver is the employer of foreign workers, proving documents include:
a1) 1 copy of the business
license or business registration license of the employer showing the field of
business suitable for the sector, profession, and job for foreign worker
recruitment with its Vietnamese translation;
a2) 1 copy of the document
issued by a competent authority of the host country permitting the employer to
recruit foreign workers or approving the sector, profession, and job eligible
for foreign worker recruitment with its Vietnamese translation.
b) If a foreign employment
receiver is an organization of foreign employment services, proving documents
include:
b1) 1 copy of the business
license or business registration license of the employment service organization
showing the sector and profession of business including employment services
with its Vietnamese translation;
b2) 1 copy of the cooperation
agreement or written request or letter of authorization for the recruitment of
Vietnamese workers of the employer for the employment service organization with
its Vietnamese translation;
b3) Proving documents regarding
employers prescribed in Point a of this Clause.
Article 6. Documents proving
compliance with regulations and law of host countries in bringing Vietnamese
workers abroad for training and improvement
Regarding countries or
territories that need to have the approval of competent authorities for
receiving foreign workers coming to train and improve their vocational skills,
the proving document is one of the following documents:
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2. Other documents proving that
the intern worker receiver is licensed to receive foreign workers in accordance
with regulations of the host country.
Article 7. The ceiling wage
under brokerage agreements
1. The ceiling wage under
brokerage agreements according to the agreement between the service enterprises
with intermediary entities shall not exceed 0,5 months of the worker's contract
for every 12 working months. In case the labor contract has a working term of
36 months or more, the ceiling wage according to the brokerage agreement shall
not exceed 1,5 months of the salary in the contract of the worker.
2. The ceiling wage under
brokerage agreements for a number of specific markets, sectors, professions,
and jobs is prescribed in Appendix X promulgated with this Circular.
Article 8. The ceiling
service fee collected from workers for a number of markets, sectors,
professions, and jobs
The ceiling service fee
collected from workers for a number of markets, sectors, professions, and jobs
is prescribed in Appendix XI promulgated with this Circular.
Article 9. Professional
staff for managing and supporting overseas workers
A service enterprise shall
appoint at least 1 professional employee in the host country or territory to
manage and support workers according to the following regulations:
1. Service enterprises that
have 500 or more employees working in Taiwan (China), Korea, Macau (China), and
Japan.
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Article 10. Content of
guarantee contracts
Guarantee contracts include the
following main content:
1. Participants
a) The guarantors are entities
that have sufficient conditions as prescribed in Article 55 of the Law No.
69/2020/QH14;
b) The obligors are Vietnamese
guest workers;
c) The obligees are service
enterprises or service providers that provide Vietnamese guest worker services.
2. Scope of guarantee
The scope of guarantee is part
of or the entire of the following tasks of the obligor:
a) Paying unpaid service fees
of the obligors;
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c) Paying the interest in case
of late payment of money under the scope of guarantee which is calculated by
the interest for demand deposits in VND of a credit institution as agreed by
parties corresponding to the time of late payment at the time of payment.
3. Rights and tasks of
participants
a) The guarantor may:
a1) Receive sufficient and
accurate information on rights and tasks of obligors for obligees from the
obligee, obligor, and related parties;
a2) Request the obligee to
inform the working place, employment situation, income, health, and working and
living conditions of the obligor;
a3) Request the obligee to
comply with commitments with the guarantor and obligor;
a4) Request compensation for
damage and use that amount to compensate tasks with the obligee (if any) in
case the obligee fails to perform or improperly or incompletely performs the
tasks prescribed in Point d1), d2), d4), and d8) of this Article causing damages
to the guarantor;
a5) Receive notifications on
the completion of tasks of the obligor from the obligor or obligee;
a6) Request the obligee to
return documents proving the financial capability, capability, and reputation
of the guarantor (if any) when the guarantee contract ends;
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a8) Request the obligor to
return the received asset or the value corresponding to the part of guarantee
tasks performed by the guarantor in case the obligor still performs its tasks.
b) The guarantor shall:
b1) Transfer documents proving
its financial capability, capability, and reputation, and other necessary
documents to the obligee;
b2) Mobilize and educate the
obligor to properly perform tasks according to the signed contract with the
obligee; adopt necessary measures to prevent and remedy damages caused by the
obligor's breach of the contract;
b3) Perform tasks on behalf of
the obligor within the committed scope of guarantee in case the obligor fails
to perform or improperly or incompletely performs tasks in the signed contract
with the obligee;
b4) Hand over its asset to the
obligee or a third party according to an agreement to handle in case the
guarantor fails to perform or improperly or incompletely performs its tasks
b5) Pay the value of the
violated task and compensate the damage in case the guarantor fails to perform
or improperly or incomplete performs its tasks.
c) The obligee may:
c1) Request the guarantor to
perform its tasks, except for cases where parties agree that the guarantor
shall only perform tasks on behalf of the obligor in case the obligor is
incapable of performing its tasks;
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c3) Request the guarantor to
mobilize and educate the obligor to properly perform tasks according to the
signed contract with the obligee;
c4) Request the guarantor to
hand over its asset to handle in case the guarantor fails to perform or
improperly or incompletely performs its tasks when the deadline is due;
c5) Request the guarantor to
pay the value of the violated task and compensate the damage in case the
guarantor fails to perform or improperly or incomplete performs its tasks.
d) The obligee
shall:
d1) Comply with commitments
with the guarantor and obligor;
d2) Accurately, sufficiently, and
timely inform the guarantor of rights and tasks of the obligor for the obligee;
d3) Inform the working place,
employment situation, income, health, and working and living conditions of the
obligor at the request of the guarantor;
d4) Preserve, protect, keep,
and prevent loss of documents proving the financial capability, capability, and
reputation of the guarantor if parties agree that the obligee will be in charge
of such documents. In case the mentioned documents are damaged or lost, the
obligee shall compensate the damage;
d5) Inform the guarantor about
the performance of tasks on behalf of the obligor when there are grounds for
performing the guarantee tasks in accordance with the law on secured
transactions; if the obligor must perform tasks ahead of time due to violation
of tasks but fails to perform or improperly or incomplete performs such tasks,
the obligee shall provide specific explanations in the notification about the
performance of tasks ahead of time of the obligor;
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d7) Inform the guarantor about
the completion of tasks of the obligor;
d8) Return documents proving
the financial capability, capability, and reputation of the guarantor (if any)
when the guarantee contract ends;
d9) Inform the obligor about
the completion of tasks of the guarantor.
4. Termination of guarantee
The termination of guarantee
happens in cases prescribed by the civil law on guarantee.
5. Other agreements that are
not contrary to regulations of the law.
Article 11. Liquidation of
guarantee contracts
1. The time for the liquidation
of a guarantee contract is 30 days from the date of termination of the
guarantee, except for cases with different agreements of parties.
2. The liquidation of guarantee
contracts shall be in a separate document or included in the guarantee
termination document or guarantee termination agreement, specifying the extent
of the implementation of agreed content in the guarantee contract of parties
and responsibilities of parties (if any) due to the liquidation.
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1. The program, duration, and
content of the orientation education is prescribed in Appendix XII promulgated with
this Circular.
2. Form and duration of the
certificate of completion of the orientation education course:
a) The form of the certificate
of completion of the orientation education course is prescribed in Form No. 6 Appendix
I promulgated with this Circular;
b) The certificate of
completion of the orientation education course is valid for 24 months from the
date of issuance. Past the mentioned time limit, enterprises, service
providers, or entities making outward investments that provide Vietnamese guest
worker services shall reorganize the orientation education. In case the
certificate has yet to exceed the 24-month duration of validity, but the worker
wishes to change the service enterprise, service provider, or entities making
outward investments or change the sector, profession, job, or host country, the
enterprise, service provider, or entities shall organize an orientation
education for changed content; that worker must take an examination to obtain a
certificate of completion of such an orientation education course.
Article 13. Forms of
applications for registration of contracts
1. The
application for registration of labor supply contracts is in accordance with
Form No. 2 of Appendix I promulgated with this Circular.
2. The
application for registration of contracts for receiving intern workers is in
accordance with Form No. 4 of Appendix I promulgated with this Circular.
3. The
application for registration of labor contracts is in accordance with Form No.
5 of Appendix I promulgated with this Circular.
Article 14. Content and
forms of contracts for Vietnamese guest worker services
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2. The
contract for Vietnamese guest worker services signed between a worker and an
entity making outward investment shall be in accordance with the law of Vietnam
and the law of the host country or territory and have the following content:
The working duration; sector
and profession; host country or territory, working place; orientation education
before going to work; working conditions and environments; working time and
break time; vocational safety and hygiene; salary and bonus (if any), overtime
salary, and deductions from salary (if any); conditions for eating, living, and
traveling from the lodging place to the working place; responsibilities to pay
traveling cost from Vietnam to the working place and vice versa; policies on
medical examination and treatment and other benefits or policies (if any);
rights and policies of workers when having vocational accidents or diseases and
other policies; compensation of damage due to breach of the contract; mechanisms,
procedures, and laws for settlement of disputations; other agreement in
accordance with the law and social morality.
3. The
contract for Vietnamese guest worker services signed between a worker and a
service provider shall be in accordance with the law of Vietnam, law of the
host country or territory, international agreements prescribed in Clause 1
Article 42 of Law No. 69/2020/QH14, labor supply contracts signed with the
foreign employment receiver (if any) and have the following content:
The working duration; sector
and profession; host country or territory, working place; orientation education
before going to work; training for vocational skills and foreign languages (if
any); costs workers have to pay before going; working conditions and environments;
working time and break time; vocational safety and hygiene; salary and bonus
(if any), overtime salary, and deductions from salary (if any); conditions for
eating, living, and traveling from the lodging place to the working place;
responsibilities to pay traveling cost from Vietnam to the working place and
vice versa; policies on social insurance, health insurance, labor accident
insurance, occupational disease insurance; compensation of damage due to breach
of the contract; deposit and guarantee for the implementation of tasks of the
contract (if any); liquidation of the contract; mechanisms, procedures, and
laws for settlement of disputations; other agreement in accordance with the law
and social morality.
Article 15. Regulations on
annual reports
Regulations on annual reports
of service enterprises, entities making outward investments, service providers
providing Vietnamese guest worker services, and enterprises that provide
overseas training and improvement for workers are as follows:
1. Annually, before December 20
of the reporting period, entities mentioned above shall submit a report on the
performance of the provision of guest workers according to the Report Outline
of Appendix XIII promulgated with this Circular.
2. Reports shall be written and
sent to a receiving agency directly or by post or by online methods.
3. The time to finalize the
reporting data in annual reports is from December 15 of the year before the
reporting period to December 14 of the reporting period.
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1. This Circular comes into
force as of February 1, 2022.
2. The following documents and
regulations shall expire from the date this Circular comes into force:
a) Circular No.
21/2007/TT-BLDTBXH dated October 8, 2007 of the Ministry of Labor – War
Invalids and Social Affairs detailing a number of Articles of the Law on
Vietnamese guest workers and Decree No. 126/2007/ND-CP dated August 1, 2007 of
the Government detailing and guiding a number of Articles of the Law on
Vietnamese guest workers;
b) Circular No.
21/2013/TT-BLDTBXH dated October 10, 2013 of the Ministry of Labor – War
Invalids and Social Affairs providing for the ceiling level of deposit and
labor market in which service enterprises permitted making agreement about the
depositing with workers;
c) Circular No.
22/2013/TT-BLDTBXH dated October 15, 2013 of the Ministry of Labor – War
Invalids and Social Affairs providing the forms and content of labor supply
contracts and guest worker contract;
d) Decision No.
18/2007/QD-BLDTBXH dated July 18, 2007 of the Minister of Labor – War Invalids
and Social Affairs on the promulgation of the necessary knowledge training
program for workers prior to overseas employment;
dd) Decision No.
20/2007/QD-BLDTBXH dated August 2, 2007 of the Minister of Labor – War Invalids
and Social Affairs on the promulgation of certificates of necessary knowledge
training for workers prior to overseas employment
e) Decision No.
61/2008/QD-BLDTBXH dated August 12, 2008 of the Minister of Labor – War
Invalids and Social Affairs on the amount of brokerage fees paid by workers to
enterprises in a number of markets.
3. Difficulties that arise
during the implementation of this Circular shall be reported to the Ministry of
Labor - War Invalids and Social Affairs (through the Overseas Labor Agency) for
timely guidance./.
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PP. MINISTER
DEPUTY MINISTER
Nguyen Ba Hoan