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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:
725/1999/QD-BLDTBXH
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Hanoi, June 30, 1999
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DECISION
PROMULGATING THE REGULATION PROVISIONALLY
STIPULATING A NUMBER OF MEASURES TO PREVENT AND HANDLE VIOLATIONS IN THE FIELD
OF SENDING LABORERS TO WORK ABROAD
THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
Pursuant
to the Government’s Decree No.96/CP of December 7, 1993 stipulating
the functions, tasks, powers and organizational structure of the Ministry of
Labor, War Invalids and Social Affairs;
Pursuant to the Government’s Decree No.07/CP of January 20, 1995 detailing a
number of articles of the Labor Code on the sending of Vietnamese laborers to
work abroad for given terms;
At the proposal of the Director of the Department for Management of Labor
Cooperation with Foreign Countries,
DECIDES:
Article 1.- To promulgate together with this Decision the
Regulation provisionally stipulating a number of measures to prevent and handle
violations in the field of sending laborers and experts to work abroad.
Article 2.- This Decision takes effect 15 days after its
signing.
Article 3.- The director of the Ministry’s Office, the director of the Department for
Management of Labor Cooperation with Foreign Countries, the heads of the units
attached to the Ministry, directors of enterprises that send their laborers and
experts to work abroad for given terms shall have to implement this Decision.
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THE MINISTRY OF LABOR,
WAR INVALIDS AND SOCIAL AFFAIRS
Nguyen Thi Hang
REGULATION
PROVISIONALLY
STIPULATING A NUMBER OF MEASURES TO PREVENT AND HANDLE VIOLATIONS IN THE FIELD
OF SENDING LABORERS AND EXPERTS TO WORK ABROAD
(Promulgated together with Decision
No.725/1999/QD-BLDTBXH of June 30, 1999 of the Minister of Labor, War Invalids
and Social Affairs)
In order to enhance the management and
protection of the legitimate interest of laborers sent to work abroad and
enterprises sending them (hereinafter referred to as enterprises and laborers)
as well as the Vietnamese labor’s
prestige on the international market; after consulting the concerned ministries
and branches and the Vietnam Labor Confederation, the Ministry of Labor, War
Invalids and Social Affairs hereby promulgates the Regulation provisionally
stipulating a number of measures to prevent and handle violations in the field
of sending laborers and experts to work abroad for given terms, as follows:
Chapter I
RECRUITMENT, TRAINING, EDUCATION AND MANAGEMENT OF LABORERS AND THE
FINANCIAL REGIME
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1. When recruiting laborers, enterprises must
publicize the number of laborers to be recruited, criteria, sex, age,
recruitment time and job(s) to be undertaken by the laborers, working place(s),
contract term, working and living conditions, wages, medical insurance, social
insurance and obligations of the laborers. Enterprises shall directly recruit
laborers according to the prescribed number and quality of laborers, who must
have good virtue and good health according to the signed labor supply
contracts.
2. Enterprises shall coordinate with the
receiving organizations in organizing the training and oriented education under
the uniform program set by the Department for Management of Labor Cooperation
with Foreign Countries in terms of content and time duration (at least one
month). Particularly for experts, the training shall be carried out under the
programs set by their managing ministries. The training and oriented education
of laborers and experts must be carefully organized. At the end of each
training course, an examination must be organized to evaluate the trainees� study result and sense of observing the internal
rules. Laborers who are not provided with training or oriented education or who
failed to achieve the required study result shall not be sent to work abroad.
Article 2.- Enterprises must sign contracts for working
abroad for given terms with laborers or with experts according to the forms set
by the managing ministries, which clearly state the responsibilities of
enterprises, laborers and experts to perform the signed contracts and
liabilities to compensate for damage due to breaches of contracts by either of
the two sides.
Article 3.- Financial regime
Enterprises shall have to publish on newspapers
and post up at their offices the money amounts to be paid by laborers and
experts; then collect them directly from laborers and experts, not through
intermediary economic organizations or individuals.
Article 4.- Management of laborers working abroad:
1. Enterprises shall have to closely coordinate
with laborer-receiving organizations in managing and educating laborers,
handling problems arising from labor relations abroad.
2. Any enterprise that sends 500 laborers or
more, or sends less than 500 laborers to new and complicated places, shall have
to appoint its official(s) to manage such laborers.
3. Enterprises’
officials appointed to manage laborers abroad must have good virtue,
professional qualifications and know foreign languages, so as to be able to
fulfill their assigned tasks, and have the responsibility to monitor and
supervise the performance of the signed contracts; settle labor disputes and
arising matters related to the laborers till the labor contracts are completed
and the laborers and experts are sent home.
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5. Enterprises shall have to promptly send
written reports on arising problems related to laborers and experts working
abroad, which fall beyond their competence, to the managing agency(ies) for the
latter’s direction; and at the
same time to the Vietnamese representation in the host country and the
Department for Management of Labor Cooperation with Foreign Countries under the
Ministry of Labor, War Invalids and Social Affairs.
Chapter
II
RESPONSIBILITIES OF ENTERPRISES, LABORERS, EXPERTS AND MANAGING
AGENCIES
Article 5.- Responsibilities of enterprises
1. To strictly comply with the contracts already
signed with laborer and expert receiving organizations; clearly explain clauses
in contracts signed with receiving organizations, which are related to laborers
and experts.
2. To carry out well the two-way information
between the enterprises and the Vietnamese representations abroad on the labor
market and the laborers’ working and living
situation.
3. To properly perform their management
responsibilities according to regulations; to compile books for monitoring
laborers and experts working abroad. In cases where laborers and experts
discontinue their contracts, the concerned enterprises shall still have to
solve all arising relevant matters till such laborers and experts return to
Vietnam and shall be entitled to get expenses already paid to settle
consequences of the breaches of contracts by the laborers’ and experts’.
Article 6.- Responsibilities of laborers and experts:
1. Before being sent to work abroad, to attend
training and oriented education courses and pass the examinations at the end of
such courses.
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3. Not to participate in illegal activities,
meetings or strikes.
4. To sign and fully perform contracts for
working abroad with Vietnamese enterprises, and labor contracts with labor and
expert employers; to work at the right places as stated in the contracts. Not
to arbitrarily leave to work at other places. Upon the expiry of contracts, if
they wish to extend such contracts, they must obtain consents of the sending
enterprises and receiving organizations. If no extension is given, they shall
have to return home.
Article 7.- Responsibilities of managing agencies
To direct enterprises in organizing the
management over processes from recruitment, training, oriented education,
financial revenues and expenditures as prescribed; the signing of contracts and
management of laborers and experts working abroad; settlement of arising
problems. For complicated cases, they shall have to coordinate with the
Department for Management of Labor Cooperation with Foreign Countries under the
Ministry of Labor, War Invalids and Social Affairs and other functional
agencies in settling them, thus leaving no cases unsettled for long and causing
consequences.
Chapter
III
HANDLING OF VIOLATIONS
Article 8.- For enterprises:
1. Violation acts include:
- Signing contracts that fail to contain all
prescribed contents; failing to register the performance of contracts before
organizing recruitment of laborers; recruiting laborers through an
intermediary; failing to publicize the number, criteria, sex, age, occupation,
wage and obligations of laborers and experts to be recruited;
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- Before sending laborers, failing to sign or
improperly signing contracts for working abroad with such laborers;
- Collecting money in contravention of
regulations, or collecting money through an intermediary;
- Letting 5% or more of the total number of
laborers and experts sent under each contract arbitrarily leave to work at
other places;
- Letting disputes occur without settling them
promptly, thus causing bad consequences;
2. Violation-handling forms:
Depending on the nature and seriousness of their
violations, violating enterprises shall be handled as follows:
- Warning and public notification.
- Suspension of their sending of laborers and
experts to work abroad for one year from the date the suspension decision is
issued;
- Withdrawal of operation licenses.
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1. Violation acts include:
- Breaching contracts already signed with
Vietnamese enterprises and receiving agencies or organizations or labor and
expert employers;
- Going on strike in contravention of the law of
the host countries;
- Organizing, inducing or compelling other
people to breach contracts or participate in illegal strikes.
2. Violation-handling forms:
Depending on the nature and seriousness of their
violations, violators shall be handled as follows:
- They shall be compelled to return home and
bear all expenses therefor and shall not be refunded their deposits. The
concerned enterprises shall notify the localities and families of such laborers
and experts of their violations.
- If they cause damage to enterprises, they
shall have to compensate therefor as prescribed by law.
- They shall not be re-recruited for working
abroad.
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Chapter
IV
ORGANIZATION OF IMPLEMENTATION
Article 10.- The ministries, branches and People’s Committees of the provinces and centrally-run
cities shall have to direct their enterprises to implement this Regulation.
Article 11.- Enterprises shall have to implement and
disseminate this Regulation among laborers before sending them to work abroad.
Article 12.- The Department for Management of Labor
Cooperation with Foreign Countries under the Ministry of Labor, War Invalids
and Social Affairs shall guide and inspect the implementation of this
Regulation. Upon detecting violations of this Regulation, it shall have to
promptly handle them or report them to responsible agencies for handling