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THE MINISTRY OF LABOR, WAR INVALIDS AND
SOCIAL AFFAIRS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
1635/1999/QD-BLDTBXH
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Hanoi, December 13, 1999
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DECISION
ISSUING THE
REGULATION ON ORIENTED TRAINING AND EDUCATION FOR VIETNAMESE LABORERS WORKING
ON TERMS ABROAD
THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
Pursuant to Decree No. 96/CP of December 7,
1993 of the Government on the functions, tasks, power and organization of the
apparatus of the Ministry of Labor, War Invalids and Social Affairs;
Pursuant to Decree No. 152/1999/ND-CP of September 20, 1999 of the Government
providing for Vietnamese laborers and specialists working on terms abroad;
Pursuant to Decree No. 33/1998/ND-CP of May 23, 1998 on the creation of the
General Job Training Department under the Ministry of Labor, War Invalids and
Social Affairs;
At the proposal of the Head of the Organization, Personnel and Training
Department, the General Director of the General Job Training Department, and
the Head of the Department for Managing Vietnamese Laborers Working Abroad,
DECIDES:
Article
1.- To issue together with this Decision the Regulation on Oriented
Training and Education for Vietnamese Laborers Working on Terms Abroad.
Article 2.- This Regulation takes effect 15 days after its
signing. Earlier stipulations which are contrary to this Regulation are now
annulled.
Article 3.- The Director of the Ministry Office, the head of
the Organization, Personnel and Training Department, the general director of
the General Job Training Department, the head of the Department for Managing
Vietnamese Laborers Working Abroad, the heads of the related agencies and
units, the heads of the units providing oriented training and education for
Vietnamese laborers working on terms abroad, and the directors of the
enterprises which send laborers to work abroad shall have to implement this
Decision.
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MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
Nguyen Thi Hang
REGULATION
ON ORIENTED
TRAINING AND EDUCATION FOR VIETNAMESE LABORERS WORKING ON TERMS ABROAD
(Issued together with Decision No.
1635/1999/QD-BLDTBXH of December 13, 1999)
Chapter I
GENERAL PROVISIONS
Article 1.- To provide oriented training and education for
Vietnamese laborers working on terms abroad is aimed at taking the initiative
in fostering a source of high-quality manpower with high reliability of the
Vietnamese labor force on the international labor market.
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Article 3.- Oriented training and education for Vietnamese
laborers working on terms abroad shall be performed at the Job Training and
Training Schools and Centers (hereafter called Training Establishments for
short) under the ministries branches and localities, which have legal operating
permits.
Article 4.- The program of oriented training and education
for laborers shall comprise:
1. Teaching foreign languages to meet the
requirements of the countries receiving laborers (according to the contracts).
2. Oriented education on necessary related
knowledge:
- The Labor Law, the Criminal Law, the Civil
Law, the Law on Emigration and Immigration and Residence of Vietnam and the law
of the countries receiving laborers, the obligation of observing and abiding by
law;
- Customs, habits, working and living
conditions, behavioral relations between employer and employees in the labor
receiving country and communication experiences;
- The terms of the contract signed between the
enterprise and the foreign partner and the terms to be signed with the laborer,
the rights and interests, obligations and legal responsibility of the laborer
in the fulfillment of the commitments in the contract.
- Responsibility of the enterprise toward the
laborer; responsibility of the laborer toward the enterprise; responsibility of
the laborer toward the State.
- Industrial labor discipline and style;
prescriptions and regulations on labor safety at the enterprise, construction
site and agricultural farm, on sea transport means and fishing trawlers.
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4. The program of oriented training and
education for specialists and technicians, officers and sailors shall be
prescribed by the controlling ministry.
Article 5.- The training courses are strictly forbidden to
misuse job training, oriented training and education to carry out misguiding
propaganda and publicity to deceive laborers.
Chapter
II
OBLIGATIONS, RIGHTS AND INTERESTS OF THE LABORERS ASSIGNED TO TAKE PART
IN ORIENTED TRAINING AND EDUCATION
Article 6.- Obligations:
1. To accept the arrangement and organization of
training of the enterprise allowed to send laborers to work abroad.
2. To seriously carry out the rules of the
oriented training and education establishment which is allowed to send laborers
to work on terms abroad.
3. To directly contribute the job training
tuition (if any), or the charge on oriented training and education, to the
enterprise as currently prescribed by the State.
Article 7.- Rights and interests:
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2. To be issued with a certificate if he/she
achieves the desired result during the examinations at the end of the job
training, oriented training and education course before going to work abroad.
Chapter
III
RESPONSIBILITIES AND RELATIONS AMONG THE ORGANIZATIONS IN THE PROCESS
OF ORIENTED TRAINING AND EDUCATION FOR VIETNAMESE LABORERS TO BE SENT TO WORK
ON TERMS ABROAD
Article
8.- Responsibility of the enterprise:
1. To make a formal document stating clearly the
contents, number of laborers, time, aim and requirements of the training and to
send it to one of the training establishments stated in Article 3 of this
Regulation.
2. To directly receive and account for the
oriented training and education tuition (if any).
3. To directly sign the contract with the
training establishment.
4. To clear the contract at the end of the
oriented training and education course.
Article 9.- Responsibility of the oriented training and
education establishment:
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2. To organize the training according to the
program of oriented training and education as currently prescribed and
according to the contract signed with the enterprise.
3. To issue the job certificate, the oriented
training and education certificate to the trainees having completed the course
as currently prescribed.
4. The training establishment must not collect
from the laborer any charge other than those prescribed for oriented training
and education.
Article 10.- Responsibility of the Department for Managing
Laborers Working Abroad:
1. To publicize the contents of the program of
oriented training and education.
2. To inspect the organization of the
implementation of the regulations on oriented training and education.
3. To coordinate with the General Job Training
Department in order to uniformly direct the units to elaborate their plans and
contents of training Vietnamese laborers to be sent to work on terms abroad.
Article 11.- Responsibility of the General Job Training
Department:
1. To publicize the contents of the program of
training and raising the professional skills of the laborers sent to work
abroad according to its competence.
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3. To prescribe and guide the spendings of the
oriented training and education tuition for the laborers including: payment to
the teachers, cost of training organization (places for dining, rest, meeting
hall, classrooms for the trainees, cost of inspection and quality assessment)
and cost related to the elaboration of the curriculum, teaching materials and
the preparation of lessons by the teachers.
Article 12.- The ministries, branches and localities and
oriented training and education establishments which send Vietnamese laborers
to work on terms abroad shall have to direct, manage, inspect and supervise the
implementation of the program and contents of training and to conduct a control
test at the end of the training course.
Article 13.- The Department for Managing Laborers Working
Abroad shall have to coordinate with the General Job Training Department in
directing, monitoring and inspecting the implementation of this Regulation.
Article 14.- The oriented training and education
establishments shall have to seriously carry out this Regulation together with
the oriented training and education contract signed with the enterprise. Any
violation shall, depending on its seriousness, be dealt with according to
prescriptions of law.
MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
Nguyen Thi Hang