|
MINISTRY OF LABOUR - INVALIDS AND SOCIAL AFFAIRS OF
VIETNAM
-------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
|
|
No. 2007/VBHN-BLDTBXH
|
Hanoi, May 14, 2024
|
CIRCULAR
ELABORATING SOME ARTICLES OF LAW ON VIETNAMESE GUEST
WORKERS
Circular
No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labour -
Invalids and Social Affairs on elaboration of some Articles of the Law on
Vietnamese Guest Workers, which comes into force from February 01, 2022 is
amended by:
1.
Circular No. 08/2023/TT-BLDTBXH dated August 29, 2023 of the Minister of Labour
- Invalids and Social Affairs on amendments to and annulment of some articles
of Circulars and Joint Circulars on submission and presentation of paper
household registration books, temporary residence books, or documents requiring
confirmation of residence upon carrying out administrative procedures under the
state management of the Ministry of Labour - Invalids and Social Affairs of
Vietnam, which comes into force from October 12, 2023.
2.
Circular No. 02/2024/TT-BLDTBXH dated February 23, 2024 of the Minister of
Labour - Invalids and Social Affairs on amendments to some Articles of the
Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of
Labour - Invalids and Social Affairs on elaboration of some Articles of the Law
on Vietnamese Guest Workers, which comes into force from May 15, 2024.
Pursuant
to the Law on Vietnamese Guest Workers No. 69/2020/QH14 dated November 13,
2020;
Pursuant
to the Government’s Decree No. 14/2017/ND-CP dated February 17, 2017 on
functions, tasks, powers and organizational structure of the Ministry of Labour
- Invalids and Social Affairs;
At
the request of the Head of the Overseas Labor Agency;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article
1. Scope
This
Circular elaborates the following Articles and Clauses of the Law on Vietnamese
Guest Workers:
1.
Applications for preparation of labor sources in accordance with regulations
prescribed in Clause 5 Article 18.
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 on 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 on bringing Vietnamese workers abroad for training and
improvement in accordance with regulations prescribed in Clause 2 Article 40.
4.
Ceiling wage under brokerage agreements in accordance with regulations
prescribed in Clause 3 Article 22.
5.
Ceiling service fees in accordance with regulations prescribed in Point c
Clause 4 Article 23.
6.
Professional staff in charge of managing and supporting overseas workers in
accordance with regulation prescribed in Point e Clause 2 Article 26.
7.
Contents of guarantee contracts and liquidation of guarantee contracts in
accordance with regulations prescribed in Point 3 Article 58.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
9.
Form of application for registration of labor supply contract in accordance
with regulations prescribed in Clause 4 Article 20; form of application for
registration of contract for receiving intern worker in accordance with
regulations prescribed in Clause 2 Article 40; form of application for
registration of directly-concluded labor contract in accordance with
regulations prescribed in Point a Clause 1 Article 53.
10.
Form of contract for the provision of Vietnamese guest worker service signed
between the worker and a service enterprise in accordance with regulations
prescribed in Clause 3 Article 21; the content and form of contact for the
provision of Vietnamese guest worker service signed between the worker and a
Vietnamese entity making outward investment in accordance with regulations
prescribed in Clause 4 Article 35; between the worker and a service provider in
accordance with regulations prescribed in Point b Clause 1 Article 43.
11.
Annual reports of service enterprises in accordance with regulations prescribed
in Point m Clause 2 Article 26, of Vietnamese entities making outward
investments in accordance with regulations prescribed in Clause 8 Article 35,
and of service providers in accordance with regulations prescribed in Point g
Clause 2 Article 43; reports on provision of overseas training, improvement and
enhancement for workers in accordance with regulations prescribed in Point l
Clause 2 Article 41.
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 and providing Vietnamese guest
worker services.
5.
Public service providers affiliated to ministries, ministerial agencies,
Governmental agencies assigned to bring Vietnamese abroad as guest workers.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article
3. Preparation of labor sources
An
application for preparation of labor sources includes:
1. A
document on preparing labor sources in accordance with Form No. 1 of Appendix I
promulgated with this Circular.
2. A
copy of the written request of a foreign employment receiver or cooperation
agreement between a Vietnamese enterprise and the foreign employment receiver
attached with a certified Vietnamese translation including the following
content:
a)
Quantity of workers that the Vietnamese enterprise has to prepare and
professions and genders of workers;
b)
Requirements for qualifications, vocational skills, and foreign languages of
workers;
c)
Basic information on the foreign job (working place, salary, term of the labor
contract);
d)
Estimated time for the qualification.
3. [2] Documents 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. To be specific:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) 01
copy of business license or equivalent document issued by a competent authority
to the employer which shows the field of business suitable for the sector,
profession, and job for foreign worker recruitment enclosed with its Vietnamese
translation;
a2)
With regard to a country in which there are regulations on conditions for
receipt of foreign workers, 01 copy of document which shows that the employer
meets such conditions enclosed with its Vietnamese translation.
b) If
the foreign employment receiver is the employment service organization, proving
documents include:
b1)
01 copy of business license or equivalent document issued or certified by a
competent authority to the employment service organization which shows the
sector and profession of business including employment services enclosed with
its Vietnamese translation;
b2)
01 copy of cooperation agreement on or written request for preparation of labor
resources or recruitment of Vietnamese workers of the employer for the employment
service organization enclosed with its Vietnamese translation;
b3)
Proving documents regarding the employer prescribed in Point a of this Clause.
4. A
plan for preparing labor sources includes the following content:
a)
The estimated number of workers (the maximum number is equal to the one
prescribed in Point a Clause 2 of this Article); professions; genders;
qualifications, vocational skills, and foreign languages of workers;
b)
Methods of preparing labor sources:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b2)
Expected vocational skill training (if any): Time (start time and end time),
location, and methods of training (direct/associate);
b3)
Expected foreign language education (if any): Time (start time and end time),
location, and methods of education (direct/associate);
5. [3] Commitment to prioritize
selection of workers who have participated in the labor source preparation
phase is a written commitment between the Vietnamese service enterprise and the
worker, showing the prioritized content for a selection of the enterprise for
each worker when the labor supply contract is registered and approved.
Article
4. Detailed contents of labor supply contract [4]
1.
The detailed content of a labor supply contract according to the market,
sector, profession, and job is stipulated as follows:
a)
Regarding sectors, professions, and jobs in the Japanese market, comply with
regulations prescribed in Appendix II promulgated with this Circular.
b)
Regarding sectors, professions, and jobs in the Taiwanese market (China),
comply with regulations prescribed in Appendix III promulgated with this
Circular.
c)
Regarding sectors, professions, and jobs in the Korean market, comply with
regulations prescribed in Appendix IV promulgated with this Circular.
d)
Regarding sectors, professions, and jobs in West Asia, Central Asia, and Africa
markets, comply with regulations prescribed in Appendix V promulgated with this
Circular.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
e)
Regarding sectors, professions, and jobs in the market of Americas, comply with
regulations prescribed in Appendix VII promulgated with this Circular.
g)
Regarding sectors, professions, and jobs in the Chinese market or Macau market
(China) and Southeast Asia market, comply with regulations prescribed in
Appendix VIII promulgated with this Circular.
h)
Regarding labor jobs on the international sea, comply with regulations
prescribed in Appendix IX promulgated with this Circular.
2.
The labor supply contract is agreed by the service enterprise with the foreign
employment receiver and this contract shall satisfy minimum requirements
specified in Clause 1 of this Article.”
Article
5. Documents proving compliance with regulations and laws of host countries on
the provision of Vietnamese guest workers[5]
1.
Regarding the Malaysian market and the Taiwanese market (China), proving
document is 01 copy of the appraisal sheet for recruitment of Vietnamese
workers of a Vietnamese representative mission in the Malaysia or the Taiwan
(China).
2.
Regarding markets of Europe, Americas and Oceania and skilled workers in Korean
market, if the foreign employment receiver is the employer, proving documents
include:
a) 01
copy of business license or equivalent document issued by a competent authority
to the employer which shows the field of business suitable for the sector,
profession, and job for foreign worker recruitment enclosed with its Vietnamese
translation;
b) 01
copy of the document issued by a competent authority of the host country
permitting the employer to recruit foreign workers or certifying that the
employer meets requirements/conditions for recruitment of foreign workers or
approving the sector, profession, and job eligible for foreign worker
recruitment enclosed with its Vietnamese translation.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
If
there is not any regulation on the above-mentioned document in the host
country, 01 copy of business license or equivalent document of the employer or
another document of the competent authority or a professional organization
(with regard to household business) which shows that the employer’s production
and business are suitable for the sector, profession, and job for foreign
worker recruitment and those eligible for foreign worker recruitment, and its
Vietnamese translation are required.
4. Regarding
countries or territories specified in Clause 2 and Clause 3 of this Article, if
the foreign employment receiver is the employment service organization, proving
documents include:
a) 01
copy of business license or equivalent document issued or certified by a
competent authority to the employment service organization, showing the sector
and profession of business including employment services enclosed with its
Vietnamese translation;
b) 01
copy of cooperation agreement on or written request or letter of
authorization for recruitment of Vietnamese workers of the employer for the
employment service organization enclosed with its Vietnamese translation;
c)
Proving documents regarding the employer prescribed in Clause 2 or Clause 3 of
this Article.
Article
6. Documents proving compliance with regulations and law of host countries on
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:
1. 01
copy of the document issued by a competent authority of the host country to
permit an intern worker receiver to receive foreign workers.
2.
Other documents proving that the intern worker receiver is licensed to receive
foreign workers in accordance with regulations of the host country.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1.
The ceiling service price under a brokerage agreement according to the
agreement between the service enterprise with the intermediary entity shall not
exceed 0,5 months of the salary in 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 service price according to the brokerage agreement shall not exceed 1,5
months of the salary in the contract of the worker.
2.
The ceiling service price 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 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.
2.
Service enterprises that have 300 or more employees working in the remaining
countries or territories.
Article
10. Contents of guarantee contracts
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1.
Participants
a)
The guarantors are entities that meet 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;
b)
Paying compensation for the damage caused by the obligors' breach of the
contract;
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a)
The guarantor may:
a1)
Receive sufficient and accurate information on rights and obligations of
obligors to 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;
a7)
Request the obligor to perform its task within the scope of the guarantee task
performed by the guarantor, except for cases with other agreements.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
c2)
Request the guarantor to transfer documents proving its financial capability,
capability, and reputation, and other necessary documents to the obligee;
c3)
Request the guarantor to mobilize and educate the obligor to properly perform
tasks according to the signed contract with the obligee;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
obligations of the obligor to 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;
d6)
Provide the guarantor with documents proving the tasks of the obligor within
the scope of guarantee tasks and the damage caused by the obligor;
d7)
Inform the guarantor about the completion of tasks of the obligor;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d9)
Inform the obligor about the completion of tasks of the guarantor.
4.
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 limit for the liquidation of a guarantee contract is 30 days from the
date of termination of the guarantee, except for cases of different agreements
of parties
2.
The liquidation of guarantee contracts shall be made 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.
Article
12. Orientation education
1.
The program, duration and content of the orientation education are prescribed
in Appendix XII promulgated with this Circular.
2.
Form and duration of the certificate of completion of the orientation education
course:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b)
The certificate of completion of the orientation education course is valid for
24 months from the date of issuance. After 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 entity
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 contract shall comply with
Form No. 2 of Appendix I promulgated with this Circular.
2.
The application for registration of contract for receiving intern workers shall
comply with Form No. 4 of Appendix I promulgated with this Circular.
3.
The application for registration of labor contract directly concluded shall
comply with Form No. 5 of Appendix I promulgated with this Circular.
Article
14. Contents and forms of contracts for Vietnamese guest worker services
1.
The contract for Vietnamese guest worker services signed between a worker and a
service enterprise shall be consistent with Form No. 3 of Appendix No. 1
promulgated with this Circular.
2.
The contract for Vietnamese guest worker services signed between a worker and
an entity making outward investment shall be consistent with the law of Vietnam
and the law of the host country or territory and have the following contents:
Working
duration; sector and profession; host country or territory, working place;
orientation education before going to work; working conditions and environment;
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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. Periodic reports
Periodic
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 regulated as
follows:
1.
Annually, before December 20 of the reporting period, each entity mentioned
above shall submit a report on the provision of guest workers according to the
Report Outline of Appendix XIII promulgated with this Circular.
2.
The report shall be written and sent to a receiving agency in person 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.
Article
16. Entry into force[7]
1.
This Circular comes into force as of February 1, 2022.
2.
The following documents and regulations shall cease to be effective from the
effective date of this Circular:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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./.
CERTIFIED BY
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[1] Circular No. 08/2023/TT-BLDTBXH dated August 29, 2023 of
the Minister of Labour - Invalids and Social Affairs on amendments to and
annulment of some articles of Circulars and Joint Circulars on submission and
presentation of paper household registration books, temporary residence books,
or documents requiring confirmation of residence upon carrying out administrative
procedures under the state management of the Ministry of Labour - Invalids and
Social Affairs of Vietnam is promulgated pursuant to:
“
The Residence Law dated November 13, 2020;
The
Law on Promulgation of Legislative Documents dated June 22, 2015 and the Law on
amendments to the Law on Promulgation of Legislative Documents dated June 18,
2020;
The
Government’s Decree No. 62/2022/ND-CP dated September 12, 2022 on functions,
tasks, powers and organizational structure of the Ministry of Labour - Invalids
and Social Affairs;
The
Government’s Decree No. 104/2022/ND-CP dated December 21, 2022 on amendments to
Decrees on submission and presentation of household register books, temporary
residence register books upon carrying out administrative procedures or providing
public services;
At
the request of the Director General of Legal Affairs;
The
Minister of Labor - War Invalids and Social Affairs promulgates Circular on
amendments to and annulment of some articles of Circulars and Joint Circulars
issued or jointly issued by the Minister of Labor - War Invalids and Social
Affairs.”.
Circular
No. 02/2024/TT-BLDTBXH dated February 23, 2024 of the Minister of Labour -
Invalids and Social Affairs on amendments to some Articles of the Circular No.
21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labour - Invalids
and Social Affairs on elaboration of some Articles of the Law on Vietnamese
Guest Workers is promulgated pursuant to:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The
Government’s Decree No. 62/2022/ND-CP dated September 12, 2022 on functions,
tasks, powers 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 Labour - Invalids and Social Affairs promulgates Circular on
amendments to some Articles of Circular No. 21/2021/TT-BLDTBXH dated December
15, 2021 of the Minister of Labour - Invalids and Social Affairs on elaboration
of Law on Vietnamese Guest Workers.”
[2] This Clause is
amended by Clause 1 Article 1 of Circular No. 02/2024/TT-BLDTBXH dated February
23, 2024 of the Minister of Labour - Invalids and Social Affairs on amendments
to some Articles of the Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021
of the Minister of Labour - Invalids and Social Affairs on elaboration of some
Articles of the Law on Vietnamese Guest Workers, which comes into force from
May 15, 2024.
[3] This Clause is
amended by Clause 2 Article 1 of Circular No. 02/2024/TT-BLDTBXH dated February
23, 2024 of the Minister of Labour - Invalids and Social Affairs on amendments
to some Articles of the Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021
of the Minister of Labour - Invalids and Social Affairs on elaboration of some
Articles of the Law on Vietnamese Guest Workers, which comes into force from
May 15, 2024.
[4] This Clause is
amended by Clause 3 Article 1 of Circular No. 02/2024/TT-BLDTBXH dated February
23, 2024 of the Minister of Labour - Invalids and Social Affairs on amendments
to some Articles of the Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021
of the Minister of Labour - Invalids and Social Affairs on elaboration of some
Articles of the Law on Vietnamese Guest Workers, which comes into force from
May 15, 2024.
[5] This Article is amended by Clause 4 Article 1 of Circular
No. 02/2024/TT-BLDTBXH dated February 23, 2024 of the Minister of Labour -
Invalids and Social Affairs on amendments to some Articles of the Circular No.
21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labour - Invalids
and Social Affairs on elaboration of some Articles of the Law on Vietnamese
Guest Workers, which comes into force from May 15, 2024.
[6] This Article is
amended by Clause 5 Article 1 of Circular No. 02/2024/TT-BLDTBXH dated February
23, 2024 of the Minister of Labour - Invalids and Social Affairs on amendments
to some Articles of the Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021
of the Minister of Labour - Invalids and Social Affairs on elaboration of some
Articles of the Law on Vietnamese Guest Workers, which comes into force from
May 15, 2024.
[7] Article
5 Circular No. 08/2023/TT-BLDTBXH on amendments to and annulment of some
articles of Circulars and Joint Circulars on submission and presentation of
paper household registration books, temporary residence books, or documents
requiring confirmation of residence upon carrying out administrative procedures
under the state management of the Ministry of Labour - Invalids and Social Affairs
of Vietnam, which comes into force from October 12, 2023 stipulates as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2.
Forms of documents enclosed with applications for carrying out administrative
procedures that have been received before the effective date of this Circular
but have not yet been resolved will continue to be processed according to
regulations in Circulars and Joint Circulars not amended or annulled by this
Circular.
3.
The General Director of Legal Affairs, Heads of state management units under
the Ministry of Labour - Invalids and Social Affairs and relevant agencies,
organizations and individuals shall be responsible for implementation of this
Circular.
Any
difficulties that arise during the implementation should be reported to the
Ministry of Labour - Invalids and Social Affairs for consideration and
settlement./.”
Article
3 and Article 4 of Circular No. 02/2024/TT-BLDTBXH dated February 23, 2024 of
the Minister of Labour - Invalids and Social Affairs on amendments to some
Articles of the Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the
Minister of Labour - Invalids and Social Affairs on elaboration of some
Articles of the Law on Vietnamese Guest Workers, which comes into force from
May 15, 2024 stipulate as follows:
“Article
3. Grandfather clauses
1.
If contracts for bringing Vietnamese workers to work abroad and other relevant
agreements have been signed and workers have migrated before the effective date
of this Circular, such contracts and agreements shall continue to be executed
until these contracts expire.
2.
If labor supply contracts signed and approved by the Ministry of Labor – War
Invalids and Social Affairs contain contents contrary to regulations in this
Circular and workers have not yet migrated before May 15, 2024, such contracts
shall be amended or new labor supply contracts shall be signed.
Article
4. Entry into force
1.
This Circular comes into force as of May 15, 2024.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.