THE
NATIONAL ASSEMBLY
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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|
No:
72/2006/QH11
|
Hanoi,
November 29, 2006
|
LAW
ON VIETNAMESE GUEST WORKERS
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam which was amended and supplemented under
Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly,
the 10th session;
This Law provides for Vietnamese guest workers under contract.
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope
This Law
provides for activities of sending workers abroad under contract; rights and
obligations of guest workers under contract; rights and obligations of
enterprises and non-business organizations sending workers abroad under
contract, and of concerned organizations and individuals.
Article 2.- Subjects of application
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1.
Enterprises and non-business organizations sending workers abroad under
contract;
2. Guest
workers under contracts defined in Article 6 of this Law;
3. Guarantors
for guest workers under contract;
4.
Organizations and individuals involved in the sending of workers abroad under
contract.
Article 3.- Interpretation of terms
In this Law,
the terms below are construed as follows:
1. Guest
workers under contract (below referred to as guest workers) means Vietnamese
citizens residing in Vietnam who meet all the conditions prescribed by laws of
Vietnam and the host country, and work abroad in accordance with this Law.
2. Labor
supply contract means a written agreement between a Vietnamese enterprise or
non-business organization and a foreign party on the conditions and obligations
of the two parties in the supply and receipt of Vietnamese guest workers.
3. Guest
worker contract means a written agreement between an enterprise or a
non-business organization and a worker on the rights and obligations of the two
parties in the sending of that worker to work abroad.
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5. Labor
contract means a written agreement between a worker and an employer on the
rights and obligations of the two parties in labor relations.
6. Guarantee
for guest workers means that a third person (below referred to as guarantor)
commits with an enterprise or a non-business organization sending workers
abroad to perform the obligations of guest workers who fail to perform or fully
perform such obligations under guest worker contracts.
Article 4.- Contents of activities of sending workers abroad
Activities of
sending workers abroad include:
1. Signing
contracts relating to the work of guest workers;
2. Recruiting
workers;
3. Teaching
jobs and foreign languages for workers; providing necessary knowledge for
workers before sending them abroad.
4. Performing
guest worker contracts;
5. Managing
guest workers, protecting their lawful rights and interests;
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7.
Liquidating contracts between enterprises or non-business organizations and
guest workers;
8. Other
activities of organizations or individuals related to guest workers.
Article 5.- State policies on Vietnamese guest workers
1. To create
favorable conditions for qualified Vietnamese citizens to work abroad.
2. To protect
the lawful rights and interests of guest workers, enterprises and non-business
organizations sending workers abroad.
3. To support
investment in opening new labor markets, high-income markets and markets
receiving large numbers of workers; support administrator training, job
training and foreign-language teaching for workers.
4. To adopt
preferential credit policies for social policy beneficiaries to work abroad.
5. To
encourage the sending of many workers with professional and technical skills
abroad, the sending of workers to high-income markets, to foreign-based
constructions, projects, production or business establishments set up or
invested by contract-winning or -receiving enterprises, organizations or
individuals.
Article 6.- Forms of work overseas
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1. Under
contracts signed with enterprises providing guest worker services or with
non-business organizations licensed to send workers abroad;
2. Under
guest worker contracts signed with contract-winning or -receiving enterprises
or with offshore-investing organizations or individuals that send workers
abroad.
3. Under
guest worker contracts in the form of skill-improvement internship contracts,
signed with enterprises sending workers abroad for internship to improve their
skills;
4. Under
individual contracts.
Article 7.- Prohibited acts
1. Granting
guest worker service provision licenses (below referred to as licenses) to
unqualified enterprises as prescribed by this Law.
2. Using
licenses of other enterprises or letting others use ones' own licenses to send
workers abroad.
3. Assigning
the task of administering activities of sending workers abroad to persons who
managed enterprises with revoked licenses or to persons who are serving a
caution or a severer discipline due to their violations of the guest worker
law.
4. Working in
or sending workers to areas, sectors, occupations or jobs banned under
government regulations or not permitted by the host country.
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6. Abusing
activities of sending workers abroad in order to organize the recruitment and
training of workers for the collection of charges.
7. Sending
workers abroad without registering contracts with competent state agencies in
accordance with this Law.
8. Failing to
go to workplaces or fleeing from workplaces stated in contracts after entering
the receiving country.
9. Illegally
staying abroad after the expiration of labor contracts.
10. Enticing,
seducing or tricking Vietnamese guest workers to stay in foreign countries in
contravention of law.
11. Troubling,
obstructing, harassing workers or enterprises, non-business organizations,
offshore-investing organizations or individuals in the sending of workers
abroad.
Chapter II
ENTERPRISES AND
NON-BUSINESS ORGANIZATIONS SENDING WORKERS ABROAD
Section 1. ENTERPRISES PROVIDING GUEST WORKER SERVICES
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1. The
provision of guest worker services is a conditional business line.
2.
Enterprises providing guest worker services (below called service enterprises)
must have legal capital under government regulations and guest worker
service-provision licenses granted by a competent state agency.
3. Licensed
enterprises shall directly organize the provision of guest worker services.
4. The
Government shall specify types of enterprises allowed to provide guest worker
services based on the domestic socio-economic development situation in each
period and the international economic integration roadmap.
Article 9.- Licensing conditions
An enterprise
may be granted a license if it has the legal capital defined in Clause 2,
Article 8 of this Law and meets all the following conditions:
1. Having a
scheme on sending workers abroad.
2. Having a
specialized section to provide necessary knowledge for workers before sending
them abroad and to provide guest worker services in accordance with regulations
of the Ministry of Labor, War Invalids and Social Affairs. For an enterprise
participating in the sending of workers abroad for the first time, a plan on
organization of the specialized section in charge of providing necessary
knowledge for workers and sending them abroad is required.
3. The leader
in charge of administering activities of sending workers abroad having a
university or higher degree, at least three-year experience in the sending of
workers abroad or in international cooperation and relations.
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Article 10.- Licensing dossiers, procedures and fees
1. A
licensing dossier comprises:
a/ The
enterprise's application for a license;
b/ A copy of
its business registration certificate;
c/ Papers
evidencing the satisfaction of the legal capital condition prescribed in Clause
2 of Article 8 and the conditions in Article 9 of this Law.
2. Within 30
days after receiving a complete and valid dossier prescribed in Clause 1 of
this Article, the Minister of Labor, War Invalids and Social Affairs shall
consider to grant a license to the enterprise after consulting one of the
following competent persons:
a/ The head
of the agency having issued the establishment decision of the enterprise or
proposed the Prime Minister to establish the enterprise;
b/ The person
having issued the establishment decision of the enterprise of a political,
socio-political, social or socio-professional organization;
c/ The
president of the People's Committee of the province or centrally run city where
the enterprise is headquartered, for enterprises other than those defined at
Points a and b of this Clause.
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4. The
licensed enterprise shall pay a licensing fee. Licensing fee levels are set by
the Government.
Article 11.- Renewal of licenses
1. If meeting
the legal capital condition in Clause 2, Article 8 and the conditions in
Article 9 of this Law, a service enterprise may have its license renewed when
it is re-granted a business registration certificate because of a change in the
contents of its business registration.
2. A dossier
for renewal of a license comprises:
a/ The
service enterprise's application for renewal of its license;
b/ The
granted license;
c/ A copy of
the re-granted business registration certificate;
d/ Papers evidencing
the satisfaction of the legal capital condition in Clause 2, Article 8 and the
conditions in Article 9 of this Law.
3. Procedures
for renewal of a license are as follows:
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b/ Within 15
days after receiving a complete and valid dossier prescribed in Clause 2 of
this Article, the Minister of Labor, War Invalids and Social Affairs shall
consider renewal of the license of the service enterprise or give a written
reply stating the reasons for refusal to renew the license.
4. After
being re-granted a business registration certificate and pending the renewal of
its license or receipt of a written notice on the refusal to renew its license,
an enterprise may continue providing guest worker services.
5. When its
license cannot be renewed, an enterprise shall stop signing labor supply
contracts and recruiting workers on the date of receiving a written notice on
the refusal to renew its license.
Within 90
days after receiving a written notice on the refusal to renew its license, a
service enterprise shall stop activities specified in Clauses 1, 2 and 3,
Article 4 of this Law.
6. An
enterprise having its license renewed under the provisions of Clause 1 of this
Article shall pay a fee equal to 50% of the licensing fee specified in Clause
4, Article 10 of this Law.
Article 12.- Re-grant of licenses
1. When its
license is lost, burnt or damaged, a service enterprise may be re-granted a
license.
2. A dossier
for the re-grant of a license comprises:
a/ The service
enterprise's application for the re-grant of a license;
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3. Within 15
days after receiving a valid dossier prescribed in Clause 2 of this Article,
the Minister of Labor, War Invalids and Social Affairs shall re-grant a license
to the service enterprise.
4. An
enterprise having its license re-granted under Clause 1 of this Article shall
pay a fee equal to 50% of the licensing fee prescribed in Clause 4, Article 10
of this Law.
Article 13.- Announcement of licenses
1. Within 10
days after being licensed or having its license renewed, an enterprise shall
send a written notice enclosed with a copy of the license to the People's
Committee of the province or centrally run city where it is headquartered, and
post up a copy of the license at its head office.
2. Within 30
days after being licensed or having its licensed renewed, an enterprise shall
publicize the contents of its license in three consecutive issues of a central
or electronic newspaper.
Article 14.- Suspension of activities of sending workers
abroad for a given term
1. A service
enterprise falling in one of the following cases shall be suspended from
sending workers abroad for a given term as below:
a/ Between 3
and 6 months, for failing to manage and use deposits in strict accordance with
the provisions of Articles 22 and 23 of this Law;
b/ Six months
for being administratively sanctioned twice or more in 12 months for violating
this Law;
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2. While
being suspended from sending workers abroad, a service enterprise may not sign
or register labor supply contracts and recruit workers.
Article 15.- Turning in, revocation of licenses
1. A service
enterprise shall turn in its license to the Ministry of Labor, War Invalids and
Social Affairs in one of the following cases:
a/ It
terminates its operation;
b/ It
terminates the provision of guest worker services.
2. A service enterprise
shall have its licensed revoked in one of the following cases:
a/ Failing to
fill in procedures for renewal of its license or being not allowed to renew its
license;
b/ Failing to
observe the provisions of Clauses 2 and 3 of Article 8, Clauses 3 and 4 of
Article 9 of this Law or failing to implement the plan on its organizational
apparatus under the provisions of Clause 2, Article 9 of this Law;
c/ Failing to
send workers abroad within 12 months after being licensed;
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3. The
Minister of Labor, War Invalids and Social Affairs shall decide on the
revocation of a license; announce the revocation of a license in three
consecutive issues of a central or electronic newspaper; and notify such to the
People's Committee of the province or centrally run city where the concerned
enterprise is headquartered.
4. If it
meets the legal capital condition in Clause 2 of Article 8 and the conditions
in Article 9 of this Law, a service enterprise having its license revoked under
the provisions of Point a, b or c, Clause 2 of this Article may be considered
and granted another license after two years from the date the revocation
decision takes effect.
5. If it
meets the legal capital condition in Clause 2 of Article 8 and the conditions
in Article 9 of this Law, has paid all debts and settled other asset liabilities
prescribed by law, a service enterprise having its license revoked under the
provisions of Point d, Clause 2 of this Article may be considered and granted
another license after five years from the date the revocation decision takes
effect.
Article 16.- Branches of an enterprise providing guest worker
services
1. When
meeting the conditions prescribed in Clause 2 of this Article, a service
enterprise may assign not more than 3 of its branches in provinces or centrally
run cities to provide some of its guest worker services.
2. A branch
assigned to provide guest worker services must meet all the following
conditions:
a/ Having a
decision on task assignment to it by the service enterprise;
b/ Posting up
its address, telephone number, fax number and email address at its office;
c/ Assigning
duties to each of its employees in charge of guest worker services.
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a/ Signing
labor supply contracts or guest worker contracts;
b/ Collecting
service or brokerage charges and deposits from workers, unless authorized by
the enterprise.
4. Within 15
days after assigning tasks to a branch, a service enterprise shall notify such
to the Ministry of Labor, War Invalids and Social Affairs and the Labor, War
Invalids and Social Affairs Service of the province or city where the branch is
located.
5. Branches
shall send regular and extraordinary reports to and submit to the inspection
and supervision by the Labor, War Invalids and Social Affairs Services of the
provinces or cities where they are based.
6. Branches
shall post up at their offices the task-assignment decisions and copies of the
licenses of their service enterprises.
Article 17.- Labor supply contracts, guest worker contracts and
labor contracts
1. A labor
supply contract must accord with the laws of Vietnam and the host country, and
have the following principal contents:
a/ The term
of the contract;
b/ The number
of workers to work overseas; occupations and jobs they are expected to do;
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d/ The
working conditions and environment;
e/ The work
time and rest time;
f/ The labor
safety and protection conditions;
g/ Wages,
remuneration, other benefits and bonuses (if any); overtime pays;
h/ The living
conditions;
i/ The
medical examination and treatment regime;
j/ The social
insurance regime;
k/ The
conditions for termination of contracts ahead of time and compensation
liability;
l/ The
responsibility for payment of travel fares from Vietnam to the workplace and vice
versa;
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n/
Responsibilities of concerned parties for the death of a worker working
overseas;
o/ The
settlement of disputes;
p/
Responsibility for assisting workers in remitting money to Vietnam.
2. Guest
worker contracts and labor contracts must have specific contents conformable
with the contents of labor supply contracts. The agreements on brokerage
commissions, service charges and deposits of laborers must be recorded in the
guest workers contract.
3. The
Ministry of Labor, War Invalids and Social Affairs shall provide the forms and
contents of labor supply contract and guest worker contract suitable to each
labor market.
Article 18.- Registration of labor supply contracts
1. Labor
supply contracts must be registered with the Ministry of Labor, War Invalids
and Social Affairs.
2. Labor
supply contracts take effect after they are approved by the Ministry of Labor,
War Invalids and Social Affairs.
3. Within 10
days after receiving a complete and valid dossier prescribed in Article 19 of
this Law, the Ministry of Labor, War Invalids and Social Affairs shall reply
the enterprise in writing. In case of disapproval, it shall state the reasons
therefor.
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A dossier of
registration of a labor supply contract consists of:
1. A written
registration of the labor supply contract of the service enterprise.
2. A copy of
the labor supply contract, enclosed with its Vietnamese translation.
3. A document
proving that the sending of workers abroad accords with the law of the host
country.
4. The plan
on the performance of the labor supply contract.
5. Relevant
documents specified by the Ministry of Labor, War Invalids and Social Affairs
for each labor market.
Article 20.- Brokerage commission
1. Brokerage
commission means an amount a service enterprise shall pay to the broker in
order to sign and perform a labor supply contract.
Workers shall
refund to the service enterprise a part or the whole of brokerage commission
under regulations of the Ministry of Labor, War Invalids and Social Affairs.
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3. The
Ministry of Labor, War Invalids and Social Affairs shall assume the prime
responsibility for, and coordinate with the Ministry of Finance in, defining
the ceiling brokerage commission rate and the management and use of brokerage
commission.
Article 21.- Service charge
1. Service
charge means an amount payable by a worker to a service enterprise for the
performance of a guest worker contract.
2. Service
enterprises shall reach agreement with workers on the one-off collection of
service charges before the workers leave Vietnam or on multiple collections
during the time the workers work overseas.
3. A worker
who has paid the service charge for the whole working time under the contract
but has to return home ahead of time not due to his/her fault shall be refunded
by the concerned service enterprise a service charge amount corresponding to
the remaining duration of the guest worker contract.
4. The
Ministry of Labor, War Invalids and Social Affairs shall assume the prime
responsibility for, and coordinate with the Ministry of Finance in, setting the
ceiling service charge rate.
Article 22.- Deposits of service enterprises
1. Deposits
of service enterprises defined in Clause 4, Article 9 of this Law shall be used
by competent state agencies to deal with problems arising from the enterprises'
failure to perform or fulfill their obligations in the sending of workers
abroad.
2. For the
case specified at Point b, Clause 3, Article 26 of this Law, deposits of
service enterprises shall be used by competent state agencies for the settlement
of liabilities arising in relation to workers up to the time of transfer;
enterprises may use remaining deposit amounts to pay other debts in accordance
with the bankruptcy law.
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Article 23.- Deposits of workers
1. Workers
shall reach agreement with a service enterprise on their deposits according to
Clauses 2 and 4 of this Article in order to ensure the performance of guest
worker contracts.
2. Workers
shall directly or through a service enterprise pay deposits into a separate
account opened by the enterprise at a commercial bank for the purpose of
keeping workers’ deposits.
3. Both
principals and interests of deposits of workers shall be refunded to them upon
the liquidation of guest worker contracts.
When workers
breach guest worker contracts, their deposits shall be used by the service enterprise
to pay compensation for damage caused by the workers to it; in this case, if
the deposit amount is insufficient, workers shall make additional payment; if
the deposit amount is not used up, the remaining amount shall be returned to
workers.
4. The
Ministry of Labor, War Invalids and Social Affairs shall specify labor markets
in which service enterprises may reach agreement with workers on the payment of
deposits; set a uniform level of deposit payable by workers nationwide, which
is suitable to each labor market for which service enterprises may reach
agreement with workers on the payment of deposits; and assume the prime
responsibility for, and coordinate with the State Bank of Vietnam in,
specifying the management and use of workers' deposits.
Article 24.- Responsibilities of service enterprises that
turn in their licenses or having them revoked
1. A service
enterprise turning in its license or having it revoked under the provisions of
Clauses 1 and 2, Article 15 of this Law shall continue performing its
obligations stated in labor supply contracts or guest worker contracts which
remain effective.
2. The
management and use of deposits of a service enterprise which turns in its
license or has it revoked are as defined in Article 22 of this Law.
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Article 25.- Responsibilities of service enterprises in case
of dissolution
1. A service
enterprise may dissolve only after having fulfilled all obligations in labor
supply contracts and guest worker contracts which remain effective and ensure
that it can settle all debts and other asset liabilities in accordance with
law.
2. Within 10
days after approving the dissolution decision, a service enterprise shall
report the Ministry of Labor, War Invalids and Social Affairs on the situation
of workers it has sent abroad and the plan on the performance of its
obligations stated in labor supply contracts and guest worker contracts which
remain effective.
3. A service
enterprise may reach agreement with another licensed one on the transfer of its
rights and obligations in the effective labor supply contracts and guest worker
contracts, provided that the transfer plan is approved by the Ministry of
Labor, War Invalids and Social Affairs.
A service
enterprise shall transfer its rights and obligations to another one together
with the workers' deposits and assets used to secure the guarantee obligation.
After completing the transfer, the service enterprise shall notify such
completion to the Ministry of Labor, War Invalids and Social Affairs and the
foreign party.
4. After
fulfilling its obligations in guest worker contracts, the service enterprise
may use their remaining deposits to pay other debts.
Article 26.- Responsibilities of service enterprises in case
of bankruptcy
1. Within 10
days after the court issues a decision on opening bankruptcy procedures, the concerned
service enterprise shall report to the Ministry of Labor, War Invalids and
Social Affairs on the situation of workers it has sent abroad and the plan on
the performance of its obligations in labor supply contracts and guest worker
contracts which remain effective.
2. A service
enterprise shall stop signing contracts, recruiting and sending workers abroad
on the date the court issues the decision to open bankruptcy procedures till
the court issues a decision to suspend the procedures and allow the enterprise
to restore its business activities.
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a/ A service
enterprise may reach agreement with another licensed one on the transfer of its
rights and obligations in the effective labor supply contracts and guest worker
contracts, provided that the transfer plan is approved by the Ministry of
Labor, War Invalids and Social Affairs.
A service
enterprise shall transfer its rights and obligations to another one together
with the workers' deposits and assets used to secure the guarantee obligation.
After completing the transfer, the service enterprise shall notify such
completion to the Ministry of Labor, War Invalids and Social Affairs and the
foreign party.
b/ When a
service enterprise cannot reach agreement on the transfer of its rights and
obligations to another one, it shall hand over to the Ministry of Labor, War
Invalids and Social Affairs all dossiers of guest workers it has sent to work
overseas, their deposits and assets used to secure the performance of the
guarantee obligation, and the service charges collected in advance from workers
so that the Ministry of Labor, War Invalids and Social Affairs can settle the
interests and obligations of these guest workers in accordance with this Law.
Article 27.- Rights and obligations of service enterprises
1. A service
enterprise has the following rights:
a/ To provide
services of sending workers abroad; to recruit workers in localities;
b/ To sign
labor supply contracts with foreign parties, guest worker contracts with
workers, and guarantee contracts with guarantors before workers go to work
abroad;
c/ To reach
agreement with workers on deposits and the introduction of guarantors;
d/ To request
workers or guarantors to pay compensation in accordance with law for damage
caused by workers;
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f/ To lodge
complaints about or initiate lawsuits against illegal decisions or acts in the
sending of workers abroad.
2. A service
enterprise has the following obligations:
a/ The
obligations defined in Articles 13, 16, 18, 23, 24, 25 and 26 of this Law;
b/ To
directly recruit workers without collecting recruitment fees. When recruiting
workers in localities, to notify the provincial/municipal Services of Labor,
War Invalids and Social Affairs thereof; biannually and annually, to report the
provincial/municipal Services of Labor, War Invalids and Social Affairs on the
recruitment results and the number of local workers who have been sent abroad;
c/ To
coordinate with local administrations in publicizing and supplying workers with
adequate information on the number of workers to be recruited, recruitment
criteria and terms of guest worker contracts;
d/ To
organize the provision of necessary knowledge or associate with vocational
training establishments or training institutions in teaching jobs and foreign
languages for workers in accordance with the requirements of each labor market
before sending them abroad;
e/ To
organize the management of workers it sends abroad and protect their lawful
rights and interests;
f/ To
coordinate with foreign parties in dealing with matters arising when workers
die, meet with labor accidents or risks, are infected with occupational
diseases, or have their life, health, honor or dignity or property infringed
upon, and to settle disputes related to workers;
g/ To report
to and coordinate with foreign-based Vietnamese diplomatic missions or
consulates in managing and protecting the lawful rights and interests of
workers working in foreign countries;
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i/ To liquidate
guest worker contracts with workers in accordance with law;
j/ To make
contributions to the overseas employment support fund in accordance with this
Law;
k/ To send to
the Ministry of Labor, War Invalids and Social Affairs annual and extraordinary
reports on the situation of sending of workers abroad.
Section 2.
CONTRACT-WINNING OR -RECEIVING ENTERPRISES SENDING WORKERS ABROAD
Article 28.- Conditions for sending workers abroad to work at
construction sites or for projects for which Vietnamese enterprises win or
receive contracts
An enterprise
winning or receiving contracts for overseas constructions or projects may send
workers abroad when meeting all the following conditions:
1. Obtaining permission
from the Ministry of Labor, War Invalids and Social Affairs.
2. Having
labor contracts with workers sent abroad under the provisions of labor law.
3. Sending
workers to only those foreign-based constructions or projects for which it wins
or receives contracts.
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5. Assuring
the rights and obligations of its guest workers in accordance with the laws of
Vietnam and the country where they work.
Article 29.- Reporting on the sending of workers abroad
1. Within 20
days before sending workers abroad, a contract- winning or -receiving enterprise
shall send the Ministry of Labor, War Invalids and Social Affairs a report on
the sending of workers abroad, enclosed with copies of the won or received
contract and a list of workers who have signed guest worker contracts.
2. A report
on the sending of workers abroad has the following contents:
a/ The plan
on guest worker employment and management, which clearly states the number of
guest workers, their expected jobs, working time and rest time, salaries,
living conditions, medical care conditions, social insurance and other
conditions related to them;
b/ The
financial plan for sending guest workers back to Vietnam in force majeure
circumstances.
3. Within 10
days after receiving a report on the sending of workers abroad, the Ministry of
Labor, War Invalids and Social Affairs shall consider it and reply the
enterprise in writing. If disapproving the report, it shall state the reason
for disapproval.
Article 30.- Rights and obligations of contract-winning or
-receiving enterprises
A
contract-winning or -receiving enterprise has the following rights and
obligations:
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2. To
directly organize the sending of workers abroad and the management of guest
workers.
3. To sign
and liquidate guest worker contracts with workers. Guest worker contracts must
have contents as specified in Clause 3, Article 17 of this Law.
4. To ensure
that salaries for workers are not lower than the minimum salary level
prescribed by the laws of Vietnam and the country where they work.
5. To ensure
working conditions, living conditions and social insurance for workers under
the laws of Vietnam and the country where they work.
6. To ensure
that workers have regular health checks and medical examination and treatment
when they are sick or meet with accidents. When workers are no longer capable
of working overseas, the enterprise shall organize the sending of those workers
back to Vietnam and bear related expenses.
7. To
organize the bringing of the remains or corpses of workers who die while
working overseas and bear all related expenses; to implement other compensation
and subsidy mechanisms in accordance with Vietnamese law.
8. To report
and coordinate with foreign-based Vietnamese diplomatic missions and consulates
in managing workers working overseas and protecting their legitimate rights and
interests.
9. Annually,
extraordinarily and upon completion of the won or received contracts, to report
to the Ministry of Labor, War Invalids and Social Affairs on the situation of
sending of workers abroad.
Section 3. OFFSHORE-INVESTING ORGANIZATIONS AND INDIVIDUALS
SENDING WORKERS ABROAD
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An
organization or individual having offshore investment projects may send workers
abroad when meeting all the following conditions:
1. Obtaining
permission from the Ministry of Labor, War Invalids and Social Affairs;
2. Sending
workers to only production or business establishments it/he/she has invested
and set up abroad.
3. Having a
plan on guest worker employment and management; having a financial plan for
sending workers back to Vietnam in force majeure circumstances.
4. Assuring
the rights and obligations of workers at production and business establishments
it/he/she has set up abroad in accordance with the law of the country where
guest workers work and the Vietnamese law.
Article 32.- Reporting on the sending of workers abroad
1. At least
20 days before sending workers abroad, an offshore-investing organization or
individual shall send to the Ministry of Labor, War Invalids and Social Affairs
a report on the sending of workers abroad, enclosed with a copy of the investment
certificate, a brief content of the offshore investment project and a list of
workers who have signed guest worker contracts.
2. A report
on the sending of workers abroad has the following contents:
a/ The plan
on guest worker employment and management, which clearly states the number of
guest workers, their expected jobs, working time and rest time, salaries,
living conditions, medical care conditions, social insurance and other benefits
for them;
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3. Within 10
days after receiving a report on the sending of workers abroad, the Ministry of
Labor, War Invalids and Social Affairs shall consider it and reply the
enterprise in writing. In case of disapproval, it shall clearly state the
reasons therefor.
Article 33.- Rights and obligations of offshore-investing
organizations and individuals sending workers abroad
An
offshore-investing organization or individual has the following rights and
obligations:
1. To organize
the provision of necessary knowledge for workers before sending them abroad.
2. To
directly organize the sending of workers abroad and manage guest workers.
3. To sign
and liquidate guest worker contracts with workers. Guest worker contracts must
have contents as specified in Clause 3, Article 17 of this Law.
4. To ensure
workers' benefits, solve problems arising under guest worker contracts.
5. To ensure
working conditions, living conditions and social insurance for workers in
accordance with the law of the country where they work and the Vietnamese law.
6. To ensure
that workers have regular health checks and medical examination and treatment
when they get sick or meet with accidents. When workers are no longer capable
of working overseas, to send them back to Vietnam and bear related expenses.
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8. To report
to and coordinate with foreign-based Vietnamese diplomatic missions and
consulates in managing workers working overseas and protecting their lawful
rights and interests.
9. To report
annually and extraordinarily on the situation of sending workers abroad to the
Ministry of Labor, War Invalids and Social Affairs.
Section 4. ENTERPRISES SENDING WORKERS ABROAD TO WORK IN THE
FORM OF SKILL IMPROVEMENT INTERNSHIP
Article 34.- Conditions for sending workers abroad to work in
the form of skill improvement internship
An enterprise
may send workers abroad to work in the form of skill improvement internship
when meeting all the following conditions:
1. Having
contracts with foreign institutions on sending workers abroad to work in the
form of skill-improvement internship (below referred to as intern acceptance
contracts) as prescribed in Clauses 1 and 2, Article 35 of this Law, which have
been registered with competent state agencies.
2. Having contracts
on sending workers abroad to work in the form of skill improvement internship
(below called guest worker-intern contracts) as prescribed in Clause 3, Article
35 of this Law; workers sent abroad must have labor contracts with the
enterprise under the provisions of the labor law.
3. The
occupations and jobs to be done by guest worker-interns must be relevant to the
production and business line of the enterprise.
4. Paying
deposits for the performance of intern acceptance contracts under government regulations.
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1. An intern
acceptance contract is a written agreement between an enterprise and an
intern-accepting institution overseas on the rights and obligations of the
concerned parties in the supply and acceptance of workers working in the form
of skill improvement internship.
2. An intern
acceptance contract must be conformable with the laws of Vietnam and the intern
receiving country, and have the following major contents:
a/ The
internship duration;
b/ The number
of interns and occupations and jobs for internship;
c/ The place
of internship;
d/ The
internship conditions and environment;
e/ The
internship time and rest time;
f/ Labor
safety and protection;
g/ Salaries
and incomes;
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i/ Medical
examination and treatment;
j/ Social
insurance conditions;
k/ Conditions
for termination of contracts ahead of time and compensation liability;
l/
Responsibilities for payment of expenses for travel from Vietnam to the place
of internship and vice versa.
m/
Responsibilities of the parties in case a worker dies while working overseas;
n/ Settlement
of disputes;
o/
Responsibilities for assisting workers in remitting money to Vietnam.
3. A guest
worker-intern contract is a written agreement between an enterprise and a guest
worker-intern on the rights and obligations of the two parties.
4. A skill
improvement internship contract (below referred to as internship contract) is a
written agreement between a guest worker-intern and an intern-accepting
institution on the rights and obligations of the two parties.
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Article 36.- Registration of intern acceptance contracts
1. Intern
acceptance contracts must be registered in accordance with the following
provisions:
a/ The
enterprise sending workers abroad to work in the form of skill improvement internship
for a duration of less than 90 days shall register with the Service of Labor,
War Invalids and Social Affairs of the province or city where it is
headquartered.
b/ The
enterprise sending workers abroad to work in the form of skill improvement internship
for a duration of 90 days or more shall register with the Ministry of Labor,
War Invalids and Social Affairs.
2. Within 10
days after receiving a complete and valid dossier, the competent state agency
defined in Clause 1 of this Article shall reply the enterprise in writing. In
case of disapproval, it shall clearly state the reason therefor.
Article 37.- Dossiers of registration of intern acceptance
contracts
A dossier of
registration of an intern acceptance contract comprises:
1. A written
registration of the inter acceptance contract.
2. A copy of
the intern acceptance contract, enclosed with its Vietnamese translation.
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4. A copy of
the business registration certificate and papers proving the deposits of the
enterprise as prescribed in Clause 4, Article 34 of this Law.
Article 38.- Rights and obligations of enterprises sending
workers abroad to work in the form of skill improvement internship
1. An
enterprise has the following rights:
a/ To sign
intern acceptance contracts with intern-accepting institutions; to sign guest
worker-intern contracts with workers before they go abroad to work in the form
of skill improvement internship;
b/ To request
workers to pay compensation in accordance with law for damage caused by those
workers.
c/ To
complain and initiate lawsuits against illegal decisions or acts in the sending
of workers abroad.
2. An
enterprise has the following obligations:
a/ To
disclose and supply workers with information on conditions for guest
workers-interns;
b/ To
organize the provision of necessary knowledge, to teach or associate with training
institutions to teach foreign languages for guest workers-interns in accordance
with requirements of the host country before sending them abroad;
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d/ To
coordinate with intern-accepting institutions in dealing with matters arising
when workers die, meet with labor accidents or risks, have occupational
diseases, have their life, healthy, honor, dignity or property infringed upon
and to settle disputes related to workers;
e/ To report
to and coordinate with foreign-based Vietnamese diplomatic missions and
consulates in managing guest workers-interns and protecting their lawful rights
and interests;
f/ To pay
compensation in accordance with law to workers for damage caused by the
enterprise;
g/ To
liquidate guest worker-intern contracts in accordance with law;
h/ To settle
benefits for guest workers-interns in case the enterprise is dissolved or
bankrupt;
i/ To report
periodically and extraordinarily to competent state agencies in accordance with
law.
Section 5. NON-BUSINESS STATE ORGANIZATIONS SENDING WORKERS
ABROAD
Article 39.- Conditions for non-business state organizations
to send workers abroad
A
non-business state organization may send workers abroad when fully meeting the
following conditions:
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2. Being
assigned the task of sending workers abroad by the minister, the head of the
ministerial-level agency or the head of the government-attached agency.
3. Its leader
has a university or higher degree, at least 3-year experience in the domain of
sending workers abroad or in the domain of international cooperation and
relations.
4. Its
activities of sending workers abroad are not for profits.
Article 40.- Cases where non-business organizations may send
workers abroad
A
non-business organization may send workers abroad in the following cases:
1. To
implement a treaty to which the Socialist Republic of Vietnam is a contracting
party.
2. To
implement an agreement signed by the ministry, ministerial-level agency or
government-attached agency with the foreign party.
3. Other
cases as decided by the Minister of Labor, War Invalids and Social Affairs.
Article 41.- Rights and obligations of non-business
organizations sending workers abroad
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a/ To recruit
and train workers and send them abroad;
b/ To sign
labor supply contracts with foreign parties and sign guest worker contracts
with workers under the provisions of Article 17 of this Law;
c/ To request
workers to introduce their guarantors;
d/ To be
entitled to collect a sum of money from each worker to cover expenses for
sending them abroad in accordance with the treaty or agreement stated in Clause
1 or 2, Article 40 of this Law or regulations of the Minister of Labor, War
Invalids and Social Affairs;
e/ To request
workers to pay compensation in accordance with law for damage caused by those
workers;
f/ To lodge
complaints about or initiate lawsuits against decisions or acts in violation of
the guest worker law;
g/ To
unilaterally liquidate guest worker contracts with workers who breach contracts
by not returning home or who or whose representatives fail to show up to
liquidate contracts after the non-business organization has thrice sent them
written notices by registered mail in a period of 180 days.
2. A
non-business organization has the following obligations:
a/ To work
out a scheme on organization of the sending of workers abroad to be submitted
to a competent state agency for approval;
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c/ To report
periodically and extraordinarily on the situation of sending workers abroad to
the Ministry of Labor, War Invalids and Social Affairs, the ministry,
ministerial-level agency and government-attached agency which has assigned it
the task of sending workers abroad;
d/ To
organize the provision of necessary knowledge, to teach or associate with
vocational training institutions or training establishments to teach foreign
language, professional, technical and operational skills for workers before
sending them abroad in accordance with the treaty or agreement defined in
Clause 1 or 2, Article 40 of this Law;
e/ To report
to and coordinate with foreign-based Vietnamese diplomatic missions and consulates
in managing guest workers and protecting their lawful rights and interests, and
solving their problems; to nominate representatives to coordinate with foreign
parties in managing guest workers in accordance with the requirements of each
labor market.
f/ To
liquidate guest worker contracts with workers in accordance with law.
Chapter III
GUEST WORKERS
Section 1. GUEST WORKERS UNDER CONTRACTS WITH ENTERPRISES,
NON-BUSINESS ORGANIZATIONS, ORGANIZATIONS OR INDIVIDUALS MAKING OFFSHORE
INVESTMENT
Article 42.- Conditions for workers to work abroad under
contracts with enterprises, non-business organizations, organizations or
individuals making offshore investment
Workers may
work abroad when they fully meet the following conditions:
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2. Willing to
work abroad.
3. Observing
law and having good moral qualities.
4. Having
good health as provided for by Vietnamese law and required by the host country.
5. Meeting
requirements on foreign language skills, technical and professional qualifications
and other conditions of the workers-receiving country.
6. Having a
certificate of possession of necessary knowledge.
7. Being not
banned from exiting Vietnam under Vietnamese law.
Article 43.- Guest worker dossiers
1. Workers willing
to work abroad shall submit relevant dossiers to enterprises, non-business
organizations, offshore-investing organizations or individuals that send them
abroad.
2. A guest
worker dossier comprises:
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b/ A curriculum
vitae certified by the People's Committee of the commune, ward or township
where he/she resides or by the agency, organization or unit managing him/her
with its comments on his/her sense of observing law and morality;
c/ A health
certificate granted by a competent medical establishment;
d/ Diplomas
or certificates of foreign language, expertise and job skills and a certificate
of possession of necessary knowledge;
e/ Other
papers as required by the worker-receiving party.
Article 44.- Rights of guest workers
A guest
worker has the following rights:
1. To request
the enterprise, non-business organization, offshore-investing organization or
individual to supply information on Vietnamese policies and law on guest
workers; information on relevant policies and laws as well as customs and
practice of the host country; and on rights and obligations of related parties
while he/she works abroad.
2. To enjoy
salaries, remunerations and other incomes, medical examination and treatment,
social insurance and other benefits provided for in contracts as well as the
treaty or agreement defined in Clause 1 or 2, Article 40 of this Law.
3. To have
his/her lawful rights and interests protected while working abroad by the
enterprise, non-business organization, offshore-investing organization or
individual and by the foreign-based Vietnamese diplomatic mission or consulate
in accordance with the Vietnamese law, the law of the host country as well as
the international law and practice; to be advised on and supported in the exercise
of their rights and enjoyment of benefits stated in the labor contract or
internship contract.
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5. To enjoy
the benefits from the overseas employment support fund under the provisions of
law.
6. To lodge
complaints or denunciations or initiate lawsuits against illegal acts in the
sending of workers abroad.
Article 45.- Obligations of guest workers
A guest worker
has the following obligations:
1. To follow
and promote fine traditions of the Vietnamese nation; to respect the customs
and practice of the host country; to unite with workers of the host country and
other countries.
2. To take
the initiative in learning the job, foreign language and inquiring into
relevant laws.
3. To
participate in a training course to acquire necessary knowledge before going
abroad.
4. To observe
the laws of Vietnam and the host country.
5. To work at
the proper workplace; to observe working rules and return home after
terminating the labor contract or internship contract in accordance with
regulations of the host country.
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7. To
participate in social insurance in accordance with Vietnamese law and other
types of insurance according to the law of the host country.
8. To pay
income tax in accordance with the laws of Vietnam and the host country.
9. To
contribute to the overseas employment support fund in accordance with this Law.
Article 46.- Rights and obligations of guest workers under
guest worker contracts with service enterprises
Apart from the
rights and obligations provided in Articles 44 and 45 of this Law, a guest
worker under a guest worker contract with a service enterprise has the
following rights and obligations:
1. To sign a
guest worker contract with the service enterprise.
2. To receive
training in job and foreign language skills to meet the requirements of the
labor contract.
3. To be
entitled to borrow capital from a credit institution in accordance with law in
order to work abroad.
4. To enjoy
compensation in case the service enterprise breaches the guest worker contract.
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6. To pay
service charges and refund brokerage commissions (if any) to the service
enterprise.
7. To pay a
deposit or introduce a guarantor according to the agreement with the service
enterprise in order to secure the performance of the guest worker contract.
8. To
liquidate the guest worker contract with the service enterprise within 180 days
from the date of termination of the labor contract.
Article 47.- Rights and obligations of guest workers working
under guest worker contracts with contract-winning or -receiving enterprises or
offshore-investing organizations or individuals
Apart from
the rights and obligations provided in Articles 44 and 45 of this Law, a guest
worker working under a guest worker contract with a contract-winning or
-receiving enterprise or offshore-investing organization or individual has the
following rights and obligations:
1. To sign a
guest worker contract with the contract-winning or -receiving enterprise or
offshore-investing organization or individual;
2. To receive
training in job and foreign language skills to meet the requirements of the
guest worker contract.
3. To enjoy
compensation in case the contract-winning or -receiving enterprise or
offshore-investing organization or individual breaches the guest worker
contract.
4. To
liquidate the guest worker contract with the contract-winning or -receiving
enterprise or offshore-investing organization or individual.
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Apart from
the rights and obligations provided for in Articles 44 and 45 of this Law, a
guest worker working under a skill improvement internship contract has the
following rights and obligations:
1. To sign an
internship contract with the enterprise which sends him/her abroad to work in
the form of skill improvement internship;
2. To enjoy
compensation in case the enterprise sending him/her abroad to work in the form
of skill improvement internship breaches the guest worker contract.
3. To
liquidate the guest worker contract with the enterprise which sends him/her
abroad under a skill improvement internship contract.
Article 49.- Rights and obligations of guest workers working
under guest worker contracts with non-business organizations
Apart from
the rights and obligations provided for in Articles 44 and 45 of this Law, a
guest worker working under a guest worker contract with a non-business
organization has the following rights and obligations:
1. To sign a
guest worker contract with the non-business organization;
2. To
introduce a guarantor to the non-business organization.
3. To enjoy
compensation in case the non-business organization breaches the guest worker
contract.
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5. To
liquidate the guest worker contract with the non-business organization within
180 days from the date of termination of the labor contract.
6. To have
other rights and obligations provided for in Clauses 2, 3 and 5, Article 46 of
this Law.
Section 2. GUEST WORKERS WORKING UNDER INDIVIDUAL CONTRACTS
Article 50.- Conditions for guest workers working under
individual contracts
A worker may
work abroad under an individual contract when fully meeting the following
conditions:
1. The
conditions prescribed in Clauses 1, 2, 3, 4 and 7, Article 42 of this Law.
2. Having an
individual contract as prescribed in Article 51 of this Law.
3. Having a
certificate of registration of the individual contract issued by the
provincial/municipal Service of Labor, War Invalids and Social Affairs of the
locality where he/she resides.
Article 51.- Individual contracts
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2. An
individual contract has the following principal contents:
a/ The job to
be done;
b/ The term
of the contract;
c/ The
workplace;
d/ The
working time and rest time;
e/ The
salary, remuneration and extra work pays;
f/ Medical
examination and treatment conditions;
g/ Social
insurance conditions;
h/
Responsibilities of the employer in case the worker dies while working abroad;
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Article 52.- Dossiers and procedures for registration of
individual contracts
1. A dossier
of registration of an individual contract with the provincial/municipal Service
of Labor, War Invalids and Social Affairs of the locality where the concerned
worker resides comprises:
a/ A
registration application, enclosed with a copy of the individual contract and
its Vietnamese translation;
b/ A copy of
the personal identity card or passport;
c/ A
curriculum vitae of the worker, certified by the People's Committee of the
commune, ward or township where the worker resides or of the agency,
organization or unit managing him/her, with its comments on his/her sense of
observing law and morality.
2. Within 5
working days after receiving a complete and valid dossier, the
provincial/municipal Service of Labor, War Invalids and Social Affairs shall
issue a written certification of registration of the individual contract to the
worker or reply in writing. In case of disapproval, it shall clearly state the
reason therefor.
The
certificate of registration of the individual contract must be produced when
the worker fills in the exit procedures to go to work abroad.
Article 53.- Rights and obligations of guest workers working
under individual contracts
1. A guest
worker working under an individual contract has the following rights:
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b/ To have
his/her lawful rights and interests protected while working overseas by the
foreign-based Vietnamese diplomatic mission or consulate in accordance with
Vietnamese law, the law of the country where he/she works and international
practice; to be advised on and supported in the exercise of his/her rights and
the enjoyment of his/her benefits provided for in the individual contract;
c/ To enjoy
benefits from the overseas employment support fund in accordance with law;
d/ To
transfer home his/her salary, remuneration, income and other personal
properties in accordance with the laws of Vietnam and the country where he/she
works;
e/ To extend
the contract or sign a new labor contract in accordance with the law of the
country where he/she works.
2. A guest
worker working under an individual contract has the following obligations:
a/ To
register his/her individual contract under the provisions of Clause 1, Article
52 of this Law;
b/ To learn
about relevant provisions of law;
c/ To observe
the laws of Vietnam and the country where he/she works;
d/ To
strictly observe his/her individual contract and rules of the workplace;
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f/ To
participate in social insurance in accordance with Vietnamese law and other
types of insurance in accordance with the law of the country where he/she
works;
g/ To pay
income tax in accordance with the laws of Vietnam and the country where he/she
works;
h/ To
contribute to the overseas employment support fund in accordance with this Law;
i/ To
register his/her citizenship at the Vietnamese diplomatic mission or consulate
in the country where he/she works.
Section 3. GUARANTEE FOR GUEST WORKERS
Article 54.- Conditions for guarantors
A guarantor
must meet the following conditions:
1. Having
full civil act capacity.
2. Having
financial capability to meet the conditions in the guarantee contract.
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1. Guarantee
shall be provided in the following cases:
a/ Guest
workers working under guest worker contracts with service enterprises fail to
make deposits or have not enough money to make deposits under the provisions of
Article 23 of this Law;
b/ Guest
workers working under guest worker contracts with a non-business organization
which requests them to have guarantee.
2. Guarantors
shall reach agreement with service enterprises or non-business organizations on
their responsibilities to provide partial or whole guarantee for the
liabilities of their guest workers.
3. When a
worker breaches the guest worker contract and causes damage to a service
enterprise or non-business organization but fails to perform or fulfill his/her
compensation obligation, the guarantor shall use his/her/its property to pay
compensation for damage caused by the worker to the service enterprise or
non-business organization. The remaining property of the guarantor after paying
compensation shall be returned to the guarantor.
Article 56.- Time limit for performance of the guarantee
obligation
The time
limit for performance of the guarantee obligation shall be agreed between the
guarantor and the service enterprise or non-business organization; if they
cannot reach agreement, the guarantor shall perform the guarantee obligation
within a reasonable time limit to be fixed by the service enterprise or
non-business organization, which shall be counted from the time the guarantor
receives the service enterprise or non-business organization's notice on the
performance of the worker's obligations.
Article 57.- Guarantee contracts
1. Guarantee
contracts must be made in writing.
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a/ The scope of
guarantee;
b/ The rights
and obligations of the parties to the contract;
c/ The time
limit for performance of the guarantee obligation;
d/ The
handling of the guarantor's property.
3. The
Ministry of Labor, War Invalids and Social Affairs shall assume the prime
responsibility for, and coordinate with the Ministry of Justice in, specifying
the contents of a guarantee contract and the liquidation of a guarantee
contract.
Article 58.- Measures to ensure the performance of the
guarantee obligation
1. Service
enterprises and non-business organizations may reach agreement with guarantors
on the application of pledge, mortgage or deposit to ensure the performance of
the guarantee obligation.
2. The
pledge, mortgage or deposit shall be stated in a separate document or in the
guarantee contract.
3. The
determination and application of pledge, mortgage or deposit to ensure the
performance of the guarantee obligation shall comply with the provisions of
law.
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Article 59.- Employment support
1.
Provincial/municipal Services of Labor, War Invalids and Social Affairs shall
notify guest workers who return home of domestic employment opportunities;
guide and introduce them to make registration to find appropriate jobs.
2. The State
encourages enterprises to receive and recruit former guest workers or send them
to work abroad.
Article 60.- Encouragement of job creation
1. The State
creates favorable conditions and encourages former guest workers to invest in
production or business activities and create jobs for themselves and for
others.
2. Workers
who meet with difficulties may borrow preferential capital for the creation of
jobs in accordance with law.
Chapter IV
TEACHING OF JOBS AND
FOREIGN LANGUAGES AND PROVISION OF NECESSARY KNOWLEDGE
Article 61.- Purposes of teaching jobs and foreign languages
and providing necessary knowledge
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Article 62.- Responsibilities of workers in learning jobs,
foreign languages and acquiring necessary knowledge
1. Workers
wishing to work abroad must take the initiative in learning jobs and foreign
languages, learn about relevant laws and participate in necessary knowledge
training courses organized by enterprises, non-business organizations, or
offshore-investing organizations or individuals that send them abroad.
2. The State
shall adopt policies to support workers who are social policy beneficiaries to
learn jobs and foreign languages and acquire necessary knowledge.
Article 63.- Teaching jobs and foreign languages for guest
workers
Enterprises,
non-business organizations and offshore-investing organizations or individuals
that send workers abroad shall conduct or associate with vocational training
institutions or training establishments in conducting job and foreign language
skills training courses for workers to work abroad.
Article 64.- Policies applicable to vocational training
institutions
The State
shall adopt investment policies for vocational training institutions to train
guest workers; set up vocational training schools with adequate training
equipment, facilities, programs, curricula and staff in order to train workers
with high job and technical, and foreign language skills as required by the
labor markets.
Article 65.- Provision of necessary knowledge
1.
Enterprises, non-business organizations and offshore-investing organizations or
individuals that send workers abroad shall provide workers with necessary
knowledge, test and grant certificates before sending them abroad.
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a/ Vietnam's
traditions and cultural identity;
b/ Basic
contents of the labor, criminal, civil and administrative laws of Vietnam and
the host country;
c/ Contents
of the contract signed between the enterprise, non-business organization,
offshore-investing organization or individual and the worker;
d/ Labor
discipline, safety and hygiene;
e/ Customs,
practice and culture of the host country;
f/ Working
and living behaviors;
g/ Use of
means of transport, purchase and use of tools and equipment for daily-life
needs;
h/ Problems
to be avoided while workers live and work abroad.
3. The
Minister of Labor, War Invalids and Social Affairs shall specify the program
and duration for the provision of necessary knowledge.
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OVERSEAS EMPLOYMENT
SUPPORT FUND
Article 66.- Overseas employment support fund
The overseas
employment support fund is aimed at developing and expanding foreign labor
markets, raising the quality of workforce, and supporting workers and
enterprises in handling risks.
Article 67.- Sources of the overseas employment support fund
1. Contributions
of enterprises.
2.
Contributions of workers.
3. State
budget support.
4. Other
lawful sources.
Article 68.- Setting up, management and use of the overseas
employment support fund
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2. The Prime
Minister shall decide on the setting up of the fund; provide for its management
and use; levels of contribution by enterprises and guest workers and state
budget support; and levels of benefits for target beneficiaries.
Chapter VI
STATE MANAGEMENT OF
GUEST WORKERS
Article 69.- Contents of state management of overseas workers
1.
Elaborating, and organizing the implementation of, strategies, plans and
policies on guest workers.
2.
Formulating, promulgating, organizing the implementation, propagation,
dissemination of, and education about, the guest worker law.
3. Defining
contents of programs and documents to provide necessary knowledge for guest
workers.
4. Managing,
and directing and guiding the management of, guest workers; organizing the
apparatus to manage guest workers; providing professional training for
personnel in charge of sending workers abroad; studying the code-based
management of guest workers.
5. Effecting
international cooperation on sending workers abroad; negotiating and signing
treaties or agreements on guest workers.
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7. Granting,
renewing, withdrawing licenses, terminating activities of sending workers
abroad; managing the registration and guiding the performance of contracts
under the provisions of this Law.
8.
Inspecting, supervising and handling violations of the guest worker law;
settling disputes, complaints and denunciations in the sending of workers
abroad.
Article 70.- Responsibilities for state management of guest
workers
1. The
Government shall perform the state management of guest workers.
2. The
Ministry of Labor, War Invalids and Social Affairs shall take responsibility
before the Government for performing the state management of guest workers.
3. Ministries
and ministerial-level agencies shall, within the ambit of their tasks and
powers, coordinate with the Ministry of Labor, War Invalids and Social Affairs
in performing the state management of guest workers under the Government's
assignment.
4. People's
Committees at all levels shall perform the state management of guest workers
under the Government's decentralization.
Article 71.- Responsibilities of foreign-based Vietnamese
diplomatic missions and consulates
1. To protect
the lawful rights and interests of guest workers; to handle violations of guest
workers in accordance with this Law.
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3. To supply
information and guide enterprises in approaching markets in order to sign labor
supply contracts in accordance with the laws of Vietnam and concerned foreign
countries.
4. To support
competent Vietnamese state agencies in appraising conditions and feasibility of
contracts in activities of sending workers abroad as well as the legal status
of foreign parties.
5. To guide
and inspect activities of foreign-based representatives of Vietnamese
enterprises and the non-business organizations in the management of guest
workers and the settlement of problems related to them.
6. To report
to and propose competent Vietnamese state agencies to handle cases showing
signs of serious violations of Vietnamese law.
7. To
coordinate with Vietnamese agencies, enterprises, non-business organizations,
offshore-investing organizations and individuals as well as agencies and
organizations of concerned foreign countries in repatriating guest workers who
commit violations.
Article 72.- Inspection of activities of sending workers
abroad
1. The Labor,
War Invalids and Social Affairs Inspectorate shall conduct specialized
inspection of activities of sending workers abroad.
2. The
organization, tasks and powers of the inspectorates in charge of activities of
sending workers abroad shall comply with legal provisions on inspection.
Chapter VII
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Article 73.- Settlement of disputes
1. Disputes between
workers and enterprises or non-business organizations sending workers abroad
shall be settled on the basis of contracts signed between the parties and the
provisions of Vietnamese law.
2. Disputes
between guest workers and foreign employers shall be settled on the basis of
agreements signed between the parties and the legal provisions of host
countries, treaties to which the Socialist Republic of Vietnam is a contracting
party and international agreements concluded between Vietnamese ministries, ministerial-level
agencies or government-attached agencies and foreign parties.
3. Disputes
between enterprises or non-business organizations sending workers abroad and
foreign employers or brokers shall be settled on the basis of agreements signed
between the parties and the provisions of Vietnamese law, the laws of host
countries, treaties to which the Socialist Republic of Vietnam is a contracting
party and international agreements concluded between Vietnamese ministries,
ministerial-level agencies or government-attached agencies and foreign parties.
Article 74.- Handling of violations
Any persons
who commit violations of this Law shall, depending on the nature and severity
of their violations, be disciplined, administratively sanctioned or examined
for penal liability; if causing damage, they shall pay compensation in
accordance with law.
Article 75.- Handling of administrative violations
1.
Enterprises or non-business organizations sending workers abroad, organizations
or individuals involved in the sending of workers abroad or guest workers who
commit administrative violations prescribed in this Law shall, depending on the
nature and severity of their violations, be administratively sanctioned.
2. For each
administrative violation, enterprises or non-business organizations sending
workers abroad, organizations or individuals involved in the sending of workers
abroad shall be subject to one of the following principal sanctions:
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b/ Fine.
3. Apart from
the principal sanctions, subjects defined in Clause 2 of this Article may also
be subject to one or both of the following additional sanctions:
a/ Revocation
of licenses;
b/
Confiscation of material evidences and means of commission of administrative
violations.
4. Apart from
the principal and additional sanctions, subjects defined in Clause 2 of this
Article may also be ordered to take one or several remedies as follows:
a/ Suspending
for a given period of time activities of sending workers abroad according to
the provisions of Article 14 of this Law;
b/ Suspending
or terminating the performance of labor supply contracts;
c/ Sending
workers back to Vietnam at the request of host countries or competent
Vietnamese state agencies;
d/ Paying
compensations and bearing all expenses arising due to administrative
violations;
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5. For each
administrative violation, guest workers are subject to one of the following
principal sanctions:
a/ Caution;
b/ Fine.
6. Apart from
the principal sanctions defined in Clause 5 of this Article, depending on the
nature and severity of their violations, guest workers may also be subject to
the additional sanction of forced repatriation.
7. The
Government shall specify administrative violations, sanctioning forms and
remedies for each administrative violation in the sending of workers abroad,
and procedures for sanctioning administrative violations in foreign countries
in case the violators' residences are unidentified.
Article 76.- Competence to sanction administrative violations
1. Presidents
of provincial/municipal People's Committees, the chief inspector of the
Ministry of Labor, War Invalids and Social Affairs, chief inspectors of
provincial/municipal Services of Labor, War Invalids and Social Affairs and
specialized independent inspectors and the director of the Department for
Management of Guest Workers have the power to sanction of organizations and
individuals who commit administrative violations in activities of sending
workers abroad.
2. Heads of
foreign-based Vietnamese diplomatic missions and consulates have the power to
sanction Vietnamese guest workers who commit administrative violations in
foreign countries in the forms defined in Clauses 5 and 6, Article 75 of this
Law.
Chapter VIII
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Article 77.- Provisions applicable to enterprises that were
granted labor export permits before the effective date of this Law
Enterprises
that were granted labor export permits before the effective date of this Law
may continue using those permits for 180 days from the date this Law takes
effect.
An enterprise
that wishes to continue providing guest worker services shall reorganize its
apparatus and satisfy the conditions prescribed in this Law and send a dossier
for renewal of its permit to the Ministry of Labor, War Invalids and Social
Affairs.
Article 78.- Dossiers, procedures for renewal of labor export
permits granted before the effective date of this Law
1. A dossier
for permit renewal comprises:
a/ A written
request of the enterprise;
b/ The
granted labor export permit;
c/ A document
proving that the enterprise satisfies the legal capital condition in Clause 2,
Article 8 and other conditions prescribed in Article 9 of this Law.
2. The permit
renewal procedures are as follows:
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b/ Pending
the renewal of its permit, the enterprise may continue providing their guest
worker services.
3. An
enterprise shall terminate the provision of guest worker services in one of the
following cases:
a/ It fails
to submit a full dossier prescribed in Clause 1 of this Article for renewal of
its permit within 180 days after this Law takes effect;
b/ It
receives a written notice from the Ministry of Labor, War Invalids and Social
Affairs on the Ministry's refusal to renew its permit. In this case, the
enterprise shall terminate the provision of guest worker services on the date
it receives the notice.
4. When an
enterprise is required to terminate the provision of guest worker services
under the provisions of Clause 3 of this Article, it shall comply with the
provisions of Clause 5 of Article 11 and Clause 1 of Article 24 of this Law.
5.
Enterprises applying for renewal of their permits in accordance with this
Article need not pay any fees.
Article 79.- Implementation effect
This Law
takes effect on July 1, 2007.
All previous
regulations contrary to this Law are annulled.
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The
Government shall detail and guide the implementation of this Law.
This Law
was passed on November 29, 2006, by the XIth National Assembly of
the Socialist Republic of Vietnam at its 10th session.
THE
NATIONAL ASSEMBLY
CHAIRMAN
Nguyen Phu Trong