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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 81/2003/ND-CP
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Hanoi, July 17, 2003
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DECREE
DETAILING AND GUIDING THE
IMPLEMENTATION OF THE LABOR CODE REGARDING VIETNAMESE LABORERS WORKING OVERSEAS
THE GOVERNMENT
Pursuant to the
December 25, 2001 Law on Organization of the Government;
Pursuant to the June 23, 1994 Labor Code; the April 2, 2002 Law Amending and
Supplementing a Number of Articles of the Labor Code;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter
I
GENERAL
PROVISIONS
Article
1.- Regulation scope
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Article
2.- Subjects of application
1. Enterprises allowed
to send laborers to work overseas include:
a) Enterprises having
licenses for labor export activities;
b) Vietnamese
enterprises contracting to construct overseas projects and employing Vietnamese
laborers;
c) Vietnamese
enterprises investing overseas and employing Vietnamese laborers.
2. Vietnamese laborers
going to work overseas in the forms prescribed in Clause 2, Article 3 of this
Decree, including laborers, specialists and trainees (hereinafter referred
collectively to as laborers).
Article
3.- Principles for, and forms of, going to
work overseas
1. Enterprises sending
laborers to work overseas must satisfy the conditions prescribed in this
Decree.
2. Laborers shall go
to work overseas in the following forms:
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b) Through Vietnamese
enterprises contracting to construct projects or making investment overseas;
c) Under labor
contracts signed directly by individual laborers with employers overseas
(hereinafter called personal contracts).
Article
4.- Registration of contracts on sending
laborers to work overseas and personal contracts
1. The enterprises
prescribed in Clause 1, Article 2 of this Decree must register their contracts
on sending laborers to work overseas at the Ministry of Labor, War Invalids and
Social Affairs.
2. Laborers going to
work overseas in the forms prescribed at Point c, Clause 2, Article 3 of this
Decree must register their labor contracts at the provincial/municipal Services
of Labor, War Invalids and Social Affairs of the localities where they reside.
In cases where laborers are working abroad, they shall make the registration
thereof at foreign-based Vietnamese diplomatic missions, consulates or agencies
authorized to perform the consular function (hereinafter called foreign-based
Vietnamese representation offices).
Article
5.- Agencies performing the State
management over Vietnamese laborers working overseas
The Ministry of Labor,
War Invalids and Social Affairs shall perform the unified State management
nationwide over Vietnamese laborers working overseas.
Article
6.- Law application
1. The sending of
Vietnamese laborers to work overseas must comply with the provisions of this
Decree and the international treaties which Vietnam has signed or acceded to.
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Article
7.- Prohibited acts
1. Sending Vietnamese
laborers to work in areas, to do jobs or work, which are banned by Vietnamese
laws and/or laws of the countries receiving laborers.
2. Sending Vietnamese laborers
to work overseas in contravention of the provisions in this Decree.
Chapter
II
ENTERPRISES
SENDING VIETNAMESE LABORERS TO WORK OVERSEAS
Section
I. ENTERPRISES CONDUCTING LABOR EXPORT ACTIVITIES
Article
8.- Subjects entitled to be licensed for
labor export activities
Enterprises entitled
to be considered for granting of licenses for labor export activities include:
1. State enterprises;
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3. Enterprises of the
central bodies of such organizations as Vietnam Fatherland Front, Vietnam Labor
Confederation. Vietnam Womens Union, Ho Chi Minh Communist Youth Union, Vietnam
War Veterans Association, Vietnam Peasants Association, Union of Vietnamese
Cooperatives and enterprises of Vietnam Chamber of Commerce and Industry;
4. Other enterprises
to be considered and decided by the Prime Minister.
Article
9.- Conditions for being licensed for
labor export activities
1. Having plans for
labor export activities of the enterprises under the guidance of the Ministry
of Labor, War Invalids and Social Affairs;
2. Having a charter
capital of VND 5 (five) billion or more;
3. Having stable
working offices, having establishments to provide oriented training and
education for laborers who go to work overseas;
4. Having at least 7
(seven) full-time officials of collegial or higher degree in economics, law
and/or foreign languages. These full-time officials must have clear
backgrounds, good moral qualities, have no criminal records, have not been
disciplined in form of caution or heavier penalties in labor export activities;
5. A deposit of VND
500,000,000 (five hundred million) as security at bank.
Article
10.- Procedures for licensing labor export
activities
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a) The application for
the license, made according to form set by the Ministry of Labor, War Invalids
and Social Affairs;
b) The written
proposals of the ministries, branches, central bodies of the organizations
mentioned at Clause 3, Article 8 of this Decree, provincial-level Peoples
Committees which manage the enterprises;
c) Copies of the
decisions on establishment of the enterprises and business registration
certificates;
d) Documents
evidencing the conditions prescribed in Article 9 of this Decree.
2. The licensing time
limit
Within 15 working days
as from the date of receiving complete and valid dossiers, the Ministry of
Labor, War Invalids and Social Affairs shall grant licenses to enterprises. In
cases of refusing to grant licenses, it must reply the enterprises in writing
and clearly state the reasons therefor.
Article
11.- Suspending, withdrawing licenses for,
labor export activities
1. Enterprises shall
have their labor export activities suspended and their labor export licenses
withdrawn in the following cases:
a) Violating Clause 1,
Article 7 of this Decree;
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c) Failing to send over
100 laborers to work overseas within 18 months after being granted the
licenses;
d) Being dissolved or
bankrupted.
2. The Ministry of
Labor, War Invalids and Social Affairs shall decide on the suspension and the
withdrawal of licenses as prescribed in Clause 1 of this Article.
3. When being
suspended from labor export activities, the enterprises shall still have the
responsibility to continue managing the laborers they have sent during the time
they work overseas under contracts and fulfill the terms in the contracts they
have signed with them.
4. When enterprises
are dissolved or bankrupted, the agencies managing such enterprises shall have
to handle matters related to the laborers they have sent to work overseas under
the guidance of the Ministry of Labor, War Invalids and Social Affairs.
Article
12.- Renewing labor export licenses when
enterprises change their ownership forms
Enterprises already
licensed for labor export activities, when being transformed into one-member
limited liability companies, or joint-stock companies where the State holds
dominant shares, if conducting their labor export activities with efficiency
and not violating the provisions of this Decree, shall have their licenses
renewed; the special cases where the State does not hold dominant shares when
enterprises are transformed into joint-stock companies shall be considered and
decided by the Prime Minister.
Article
13.- Procedures for registration of labor
export contracts
1. A contract
registration dossier shall include:
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b) The copy of the
labor supply contract signed with the foreign party;
c) Copies of other
documents of the laborer- receiving countries.
2. Registration time
limit
Within 5 working days
after receiving complete and valid dossiers, if the Ministry of Labor, War
Invalids and Social Affairs deems that the contracts sent for registration fail
to satisfy the prescribed conditions, it shall issue documents disallowing the
performance of the contracts.
Article
14.- Rights and obligations of labor
exporting enterprises
1. To take initiative
in probing the labor market, directly sign and perform labor supply contracts with
foreign countries strictly according to the provisions of Vietnamese laws and
laws of the labor-receiving countries.
For special jobs and
new markets, these shall be done under the guidance of the Ministry of Labor,
War Invalids and Social Affairs.
Enterprises are given
by the State favorable conditions in probing and developing markets, teaching
jobs and foreign languages to laborers and fostering officials directly
performing the tasks of labor export in order to raise their capabilities.
2. To register labor
export contracts as provided for in Clause 1, Article 4 and Article 13 of this
Decree.
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4. To closely
coordinate with localities, production establishments and training
establishments in order to create sources of export labor and directly recruit
labor; to prioritize the recruitment of policy beneficiaries, poor people; not
to collect recruitment charges from laborers.
If 6 months after the
recruitment, the enterprises fail to send laborers to work overseas, they must
notify the laborers of the reasons therefor; if the laborers have no more
demands or the enterprises cannot perform the contracts, they must fully repay
them all amounts already paid to the enterprises by the laborers.
5. To organize
orientation training and education for laborers before they go to work overseas
as provided for by law.
6. To sign contracts
with laborers for working overseas; organize the sending of laborers overseas
and their return home; to liquidate the signed contracts according to law
provisions.
7. To collect and
remit the following amounts:
a) To collect labor
export service charges from laborers as provided for in Clause 6, Article 18 of
this Decree; to remit money into the Labor Export Support Fund according to the
provisions in Clause 2, Article 23 of this Decree;
b) To collect the
whole amount of deposits (if any) from laborers as provided for in Clause 7,
Article 18 of this Decree and remit them into the enterprises accounts opened
at State-run commercial banks within 15 days afterwards; to fully repay the
deposits and interests thereon to laborers upon their completion of the
contracts signed with the enterprises;
In cases where they
deem that the prescribed deposits are not enough to pay the compensation, the
enterprises may negotiate with laborers on escrow or guarantee measures to
ensure the fulfillment of the laborers obligations under the contracts signed
with the enterprises and foreign employers. The conclusion and performance of
escrow or guarantee agreement shall comply with the provisions of the Civil
Code.
c) To collect the
social insurance premiums, income tax (if any) from the laborers and remit them
to the social insurance agency and the provincial-level tax offices; to
preserve and make certification in the social insurance books of laborers.
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9. To pay
compensations or request foreign partners to pay compensations for damage
caused to laborers by the enterprises or foreign partners according to the laws
of Vietnam and the host countries.
10. To initiate
lawsuits at peoples courts, claiming compensations for damage caused by
laborers who breach the labor contracts according to law provisions.
11. To complain with
competent State bodies about acts of law violation in the field of labor
export.
12. To make periodical
and extraordinary reports as provided for by the Ministry of Labor, War
Invalids and Social Affairs.
13. To assign the
tasks of labor export to no more than 2 attached units which have offices in
different provinces (cities) and report thereon to the Ministry of Labor, War
Invalids and Social Affairs.
Section
II. ENTERPRISES CONTRACTING TO CONSTRUCT PROJECTS OR MAKING INVESTMENT OVERSEAS
AND EMPLOYING VIETNAMESE LABORERS
Article
15.- Conditions for registration of
contracts on sending Vietnamese laborers to work overseas
Enterprises
contracting to construct projects or making investment overseas and sending
Vietnamese laborers to work overseas must satisfy the following conditions:
1. Having contracts
for construction of works or investment projects overseas with the employment
of laborers from Vietnam;
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Article
16.- Procedures for registration of
contracts on sending laborers to work overseas
1. A dossier for
registration of contracts shall include:
a) The written
registration of contracts on sending laborers to work abroad, made according to
form set by the Ministry of Labor, War Invalids and Social Affairs;
b) Papers concerning
the employment of Vietnamese laborers overseas for the performance of contracts
on construction of works or overseas investment projects, including:
- Copy of the
provisions of the contracts for construction of works, investment projects related
to the employment of Vietnamese laborers overseas;
- Copies of documents
of labor-receiving countries, which are related to the reception of foreign
laborers;
- Plans on sending
Vietnamese laborers to work overseas, regulations related to the laborers
interests such as wages, insurance,...
2. Registration time
limit
Within 7 working days
after receiving complete and valid dossiers, if the Ministry of Labor, War
Invalids and Social Affairs deems that the contracts sent for registration fail
to satisfy the prescribed conditions, it shall issue documents disallowing the
performance of contracts.
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Enterprises having
contracts for construction of works or making investment overseas shall have
the rights and obligations as provided for by Vietnams labor legislation and
the rights and obligations defined in Clauses 3, 5, 6, 8, 9, 10, 11 and 12,
Article 14 of this Decree.
Chapter
III
VIETNAMESE
LABORERS GOING TO WORK OVERSEAS
Article
18.- Rights and obligations of laborers
going to work overseas through labor-exporting enterprises
1. To be provided with
information on labor export policies and legislation; information on
recruitment criteria and conditions, contract duration, types of jobs to be
done and working places, working and living conditions, wages, extra-time work
payment, other allowances (if any), insurance regime and other necessary
information under the labor-supply contracts.
2. To be provided with
orientation training and education and granted certificates; pay school fees
according to law provisions.
3. To sign contracts
on working overseas with labor exporting enterprises, to sign labor contracts with
foreign employers; to strictly comply with the signed contracts and the
internal regulations at work places, residence places. Not to arbitrarily
abandon contracts or organize or incite other people to abandon labor
contracts.
4. To be guaranteed with
interests in the signed contracts according to the laws of Vietnam and the host
countries. To be consularly and judicially protected by foreign-based
Vietnamese representation offices.
5. To observe the laws
of Vietnam and the host countries, to respect customs and practices of, and
maintain good relations with, people of the host countries. To strictly observe
the States regulations on management of Vietnamese citizens overseas.
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Not more than one
months contractual wages for one working year. Particularly for officers and
crew members on board sea freighters, not more than one and half months
contractual wages for one working year;
7. To pay deposit (if
any) and implement the escrow or guarantee agreement for labor-exporting
enterprises to ensure the performance of contracts on working overseas.
8. To pay income tax
according to the laws of Vietnam and the host countries.
9. To participate in
the social insurance regime according to the current provisions of Vietnamese
laws.
10. To transfer back
home their income in foreign currencies and equipment as well as raw materials
according to the provisions of Vietnamese laws.
11. To complain,
denounce or initiate lawsuits with competent State bodies about violations
committed by labor-exporting enterprises; to complain with competent agencies
of the host countries about violations committed by employers.
12. To pay damage
compensations for labor-exporting enterprises and be handled for contract
breaches under the provisions of law.
13. To be compensated
according to law provisions by labor-exporting enterprises which breach the
contracts.
Article
19.- Rights and obligations of laborers
going to work for enterprises contracting to construct works or enterprises
making investment overseas
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Article
20.- Rights and obligations of laborers
who directly sign contracts with foreign employers
The laborers who
directly sign contracts with foreign employers shall have the rights and
obligations prescribed in Clauses 3, 4, 5, 8, 9, 10 and 11 of Article 18 and
register the contracts according to the provisions in Clause 2, Article 4 of
this Decree. The procedures for contract registration shall be stipulated by
the Ministry of Labor, War Invalids and Social Affairs.
Article
21.- Extension of labor contracts
1. Vietnamese laborers
going to work overseas via labor-exporting enterprises, if being allowed to
extend or renew their labor contracts, shall have to report thereon to the enterprises
and have the rights and obligations as prescribed in this Decree.
2. The laborers
directly signing contracts with foreign employers, if being allowed to extend
their expired labor contracts or sign new labor contracts, shall have to report
thereon to the Vietnamese representation offices in the host countries and have
the rights and obligations as prescribed in this Decree.
Chapter
IV
LABOR EXPORT
SUPPORT FUND
Article
22.- Setting up of the Labor Export
Support Fund
The Prime Minister
shall decide on the setting up and prescribe the organization and operation of
the Labor Export Support Fund in order to develop overseas labor markets; raise
the quality and competitiveness of Vietnamese labor on the international labor
market; and at the same time provide risk support for laborers and enterprises
in labor export activities.
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1. State budget
allocation.
2. Contributions of
enterprises engaged in labor export activities:
The enterprises shall
deduct 1% of the collected labor export service charge amounts for contribution
to the Labor Export Support Fund and can account such amounts into their
expenditures.
3. Other sources.
Article
24.- The Labor Export Support Fund shall
be used
1. To provide support
for expenditures on development of new labor markets.
2. To support the
training of labor sources for export.
3. To support laborers
and enterprises in settling risks incurred in labor export activities.
4. To reward
enterprises, agencies, organizations and individuals that record achievements
in labor export activities.
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Chapter
V
STATE
MANAGEMENT OVER LABOR EXPORT
Article
25.- Responsibilities of the Ministry of
Labor, War Invalids and Social Affairs
1. To coordinate with
the concerned agencies in market study and development, the elaboration of
labor export strategies, plans and planning and the direction of the
implementation thereof.
2. To study and
elaborate normative documents, policies and mechanism on labor export and
submit them to the Government for promulgation or promulgate them according to
competence; to guide and organize the implementation thereof.
3. To negotiate and
sign international treaties on sending Vietnamese laborers to work overseas as
authorized.
4. To prescribe
dossiers of laborers going to work overseas; lists of occupations and jobs
banned from performance by Vietnamese laborers and areas where Vietnamese
laborers are banned from working.
5. To draw up and
guide the implementation of plans on training labor sources for export;
prescribe the programs on oriented training and education as well as language
teaching for laborers before they go to work overseas; to foster officials of
labor-exporting enterprises and officials managing laborers overseas.
6. To grant licenses
as provided for in Article 10; to suspend for definite periods of time labor
export activities under the provisions in Clause 2, Article 35; to suspend,
withdraw permits for, labor export activities as provided for in Clause 2,
Article 11 of this Decree.
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8. To inspect, examine
agencies, organizations and enterprises involved in the sending of Vietnamese
laborers to work overseas.
9. To coordinate with
the ministries, ministerial-level agencies, agencies attached to the Government,
central bodies of the organizations mentioned at Clause 3, Article 8 of this
Decree and concerned provincial-level Peoples Committees in settling issues
arising in the management of Vietnamese laborers working overseas; to
coordinate with the Foreign Ministry and the Ministry of the Interior in
organizing the Laborers Management Boards under the Vietnamese representation
offices in the countries and areas where large numbers of Vietnamese laborers
work in accordance with the Ordinance on Foreign-based Representation Offices
of the Socialist Republic of Vietnam.
10. To annually report
to the Prime Minister on the situation of Vietnamese laborers working overseas
for definite periods of time.
Article
26.- Responsibilities of the concerned
ministries, branches
1. The Foreign
Ministry shall direct foreign-based Vietnamese representation offices to
coordinate with the Ministry of Labor, War Invalids and Social Affairs in
exercising the State management over Vietnamese laborers working overseas; to
supply in time the Foreign Ministry, the Ministry of Labor, War Invalids and
Social Affairs as well as the ministries and functional agencies with
information on overseas labor markets and the situation of Vietnamese laborers
in the host countries.
2. The Finance
Ministry shall assume the prime responsibility and coordinate with the Ministry
of Labor, War Invalids and Social Affairs in detailing the collection, use and
management of the Labor Export Support Fund; licensing fees, oriented training
and education charges, labor export service charge, labor export brokerage
charges (charges for consultancy on contract exploitation), levels of, and mode
of managing, laborers deposits.
3. The Public Security
Ministry shall grant passports to laborers as provided for by law and, within
the ambit of its responsibility, coordinate with the Ministry of Labor, War
Invalids and Social Affairs in preventing and combating acts of law violation
in the field of labor export activities.
4. The Health Ministry
shall coordinate with the Finance Ministry in setting the uniform level of
health examination charge for laborers going to work overseas; direct medical
establishments to organize health checks and take responsibility for the
results of health checks for laborers.
5. The Ministry of
Planning and Investment shall coordinate with the Ministry of Labor, War
Invalids and Social Affairs in working out annual and five-year plans on labor
export.
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7. The Ministry of
Culture and Information shall coordinate with the concerned agencies in
orientating and directing the mass media agencies to provide information and
propaganda in service of the labor export strategy of the Party and the State;
handle in time, strictly and justly cases of carrying unobjective and/or
inaccurate reports which affect the labor export activities.
8. The Justice
Ministry shall assume the prime responsibility and coordinate with the Ministry
of Labor, War Invalids and Social Affairs, the Supreme Peoples Court and the
Supreme Peoples Procuracy in realizing the contents prescribed in Article 32 of
this Decree.
Article
27.- Responsibilities of the ministries,
ministerial-level agencies, agencies attached to the Government, central bodies
of the organizations defined in Clause 3, Article 8 of this Decree as well as
the provincial-level Peoples Committees which have enterprises engaged in
sending laborers to work overseas
1. To manage the labor
export activities of enterprises under their respective management.
2. To direct
enterprises which send laborers to work overseas under their respective
management in exercising the rights and performing the obligations prescribed
in Articles 14, 16 and 17; to ensure and create conditions for laborers going
to work overseas to exercise their rights and perform their obligations defined
in Articles 18 and 19 of this Decree.
3. To inspect and
examine labor export activities at the enterprises under their respective
management; to detect and handle in time acts of violation related to labor
export activities.
4. To annually
evaluate activities of sending laborers to work overseas under the scope of
their management and report thereon to the Ministry of Labor, War Invalids and
Social Affairs for sum-up report to the Government.
Article
28.- Responsibilities of the
provincial-level Peoples Committees
1. To perform the
State management over labor export within their respective localities.
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a) To propagate and
disseminate undertakings and policies on labor export;
b) To create sources
and recommend laborers who have the high sense of organization and discipline
and well observe the provisions of law to participate in recruitment for
overseas work;
c) To coordinate with
enterprises engaged in labor export activities in recruitment of local labor;
to determine the responsibility of the laborers families so that the laborers
well exercise their rights and perform their obligations defined in the
contracts with enterprises and the contracts for working overseas.
3. To inspect and
examine labor export activities in localities; to detect and handle in time
acts of violation related to labor export activities.
Article
29.- Force majeure cases
In force majeure cases
where laborers can not be let to continue working in the labor-receiving
countries, the agencies managing the enterprises which send laborers to work
overseas shall have to direct the enterprises to organize the laborers return
home; if this falls beyond their capabilities, they shall coordinate with the
Foreign Ministry, the Ministry of Labor, War Invalids and Social Affairs and
the Finance Ministry in working out plans on bringing the laborers home and
submit them to the Prime Minister for decision.
Chapter
VI
SETTLING
DISPUTES, COMPLAINTS AND DENUNCIATIONS, COMMENDATION AND HANDLING OF VIOLATIONS
Article
30.- Principles for settling disputes
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2. Through
conciliation and arbitration on the basis of respect for the rights and
interests of the parties, respect of the common interests of the society, the
observance of laws of Vietnam and of the host countries.
3. Enterprises have
the responsibility to settle disputes arising from their labor export
activities. In case of complicated disputes, affecting the labor relations
between the two countries, they must report in time and fully thereon and
submit the plans on settlement thereof to the enterprise-managing agencies and
the Ministry of Labor, War Invalids and Social Affairs.
Article
31.- Law governing the dispute settlement
1. Disputes between
Vietnamese laborers and enterprises sending laborers to work overseas shall be
settled on the basis of the contracts on working overseas, which have been
signed between the two parties and the provisions of Vietnamese laws.
2. Disputes between
Vietnamese laborers and foreign employers shall be settled on the basis of the
labor contracts signed between the two parties and the provisions of laws of
the countries receiving laborers.
3. Disputes between
Vietnamese enterprises and foreign partners which do not directly employ
laborers shall be settled on the basis of the contracts signed between the two
parties. In cases where contracts do not prescribe the applicable laws, the
laws of the labor-receiving countries shall apply.
4. Disputes between
Vietnamese enterprises and foreign employers shall be settled on the basis of
the contracts signed between the two parties (if any), other relevant
contracts. In cases where the contracts do not prescribe the applicable laws,
the laws of the labor-receiving countries shall apply.
5. Disputes involving
many parties shall be settled in compliance with the laws which the parties
agree to select; if failing to reach agreement, the laws of the labor-receiving
countries shall apply.
Article
32.- Competence to settle disputes
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Article
33.- Settling complaints, denunciations
about labor export
1. Complaints of laborers,
labor-exporting enterprises shall be considered and concluded by the director
of the Overseas Labor Management Department under the Ministry of Labor, War
Invalids and Social Affairs, who shall also propose to the Minister of Labor,
War Invalids and Social Affairs handling measures; denunciations about labor
export shall be considered and concluded by the head of the Inspectorate under
the Ministry of Labor, War Invalids and Social Affairs, who shall also propose
to the Minister of Labor, War Invalids and Social Affairs the handling
measures.
2. If disagreeing with
the decisions on settlement of complaints and/or denunciations, the laborers
and/or the labor- exporting enterprises may lodge their complaints with the Minister
of Labor, War Invalids and Social Affairs or initiate lawsuits at the
administrative courts according to law provisions.
Article
34.- Commendation
Domestic and foreign
agencies, organizations and individuals that record achievements in labor export
activities shall be commended and/or rewarded according to law provisions.
Article
35.- Handling of violations
1. Agencies,
organizations and/or individuals that violate provisions of this Decree shall,
depending on the nature and seriousness of their violations, be handled
according to the provisions of Vietnamese law.
2. Enterprises sending
laborers to work overseas, which violate provisions of this Decree, shall be
administratively sanctioned; in addition, depending on the nature and
seriousness of their violation, they shall be subject to the application of
additional sanctioning forms: damage (if any) compensation, temporary
suspension of contract performance or suspension for definite periods of time
of labor export activities according to the regulations of the Ministry of
Labor, War Invalids and Social Affairs.
3. Laborers who
violate terms of the contracts already signed with labor-exporting enterprises
shall be handled as follows:
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- Compensation for
damage they have caused according to the provisions of Vietnamese law.
Where laborers breach
terms of the labor contracts already signed with employers, they shall be
handled according to the provisions of law of the host countries.
4. While working
overseas, if laborers arbitrarily abandon the contracts, they shall be handled
as follows:
a) Paying compensation
for damage caused to Vietnamese labor-exporting enterprises, covering:
- Expenses for recruitment,
training (if any) in service of the overseas work;
- Service charge for
remaining duration of the contracts;
- Amounts of pecuniary
fine, compensations paid by Vietnamese enterprises to labor-receiving
enterprises of the host countries;
- Other actual and
reasonable damage caused to Vietnamese enterprises due to their arbitrary
abandonment of contracts.
b) Being forced to
return home and having to bear all costs of their returns; being not allowed to
work overseas for 5 years as from the date of their return home.
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Chapter
VII
IMPLEMENTATION
PROVISIONS
Article
36.- Implementation effect
This Decree takes
effect 15 days after its publication in the Official Gazette and replaces the
Governments Decree No.152/1999/ND-CP of September 20, 1999 prescribing the
working overseas for definite terms by Vietnamese laborers and specialists.
Enterprises which have
conducted labor export activities under the Governments Decree
No.152/1999/ND-CP of September 20, 1999 are entitled to continue using their
licenses for 12 months as from the date this Decree takes effect. Enterprises
meeting all conditions prescribed in this Decree shall be entitled to change
for new licenses.
The labor export
service charge levels prescribed in Clause 6, Article 18 of this Decree shall
apply to laborers going to work overseas as from the date this Decree takes
effect.
Article
37.- Responsibilities for guidance and
implementation
The Ministry of Labor,
War Invalids and Social Affairs, the concerned ministries and agencies shall
have to coordinate in guiding the implementation of this Decree.
The ministers, the heads
of the ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the provincial/municipal Peoples Committees shall
have to implement this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai