Chương II Luật Người lao động Việt Nam đi làm việc ở nước ngoài theo hợp đồng 2020: Doanh nghiệp, đơn vị sự nghiệp, tổ chức, cá nhân việt nam đưa người lao động việt nam đi làm việc ở nước ngoài

Chapter II

ENTERPRISES, SERVICE PROVIDERS, VIETNAMESE ORGANIZATIONS AND INDIVIDUALS PROVIDING VIETNAMESE GUEST WORKER SERVICE

Section 1. VIETNAMESE ENTERPRISES PROVIDING VIETNAMESE GUEST WORKER SERVICE

Article 8. Provision of Vietnamese guest worker service

1. Provision of Vietnamese guest worker service is a conditional line of business and shall only be provided by Vietnamese enterprises having license for providing Vietnamese guest worker service issued by Minister of Labor – War Invalids and Social Affairs.

2. Vietnamese enterprises providing Vietnamese guest worker service (hereinafter referred to as “service enterprises”) must maintain requirements specified under Article 10 of this Law and satisfy demands of each specific market, profession and sector during operation

Article 9. Details of Vietnamese guest worker service

1. Signing and executing contracts and agreements related to provision of Vietnamese guest workers.

2. Searching and developing overseas labor market; providing information, advertisement and advice regarding overseas employment opportunity.

3. Preparing workforce and recruiting workers.

4. Organizing craft improvement, foreign languages and orientation education for workers before working abroad.     

5. Managing workers; protecting rights and legal benefits of guest workers.

6. Executing policies for guest workers.

7. Liquidating contracts for Vietnamese guest worker service provision.

8. Providing employment for repatriating workers.

Article 10. Eligibility for issuance of license for provision of Vietnamese guest worker service

1. An enterprise shall be issued with license for provision of Vietnamese guest worker service if the enterprise:

a) has at least VND 5 billion of charter capital; has owners, members and shareholders who are domestic investors according to Law on Investment; and

b) has made deposit payments according to Article 24 of this Law; and

c) has Vietnamese nationals as legal representatives with at least higher education level and at least 5 years of experience in providing Vietnamese guest worker service or employment services; is not criminally prosecuted; has no criminal records regarding violation to national security, charges that violate life, health, self-esteem or dignity of human beings, fraudulence for appropriation, credibility abuse for appropriation, false advertisement, manipulating customers, organizing or allowing other individuals to migrate or stay in Vietnam illegally, organizing or allowing other individuals to travel abroad or stay abroad illegally, forcing other individuals to travel abroad or stay abroad illegally;

d) has adequate number of professional employees to implement provisions of Article 9 of this Law;

dd) has adequate facilities of enterprises or is continuously hired by enterprises to satisfy orientation education for Vietnamese guest workers;

e) has a web page.

2. Government shall elaborate this Article.

Article 11. License for provision of Vietnamese guest worker service

1. License for provision of Vietnamese guest workers (hereinafter referred to as “license”) shall have following details:

a) License No. and date of issue;

b) Enterprise name;

c) Enterprise ID number;

d) Head office address;

dd) Phone number;

e) Web page address.

2. The license shall be revised and reissued as specified under Article 13 and Article 14 of this Law.

Article 12. Application, procedures and fees for license issuance

1. Application for license issuance consists of:

a) Written application for license issuance of enterprise;

b) Copies of enterprise registration certificate;

c) Documents proving satisfaction of eligibility under Article 10 of this Law.

2. Within 20 days from the date on which adequate application is received, Minister of Labor – War Invalids and Social Affairs shall consider and issue license for the enterprise; in case of rejection, respond in writing and specify reasons.

3. Fees for issuance shall conform to regulations and law on fees and charges.

4. The Government shall prescribe form of license; form for documents specified under Point a and Point c Clause 1 of this Article; cooperation between agencies in issuing license via electronic network.

Article 13. Revision of license

1. In case of changes to contents of an issued license, a service enterprise shall request Minister of Labor - War Invalids and Social Affairs to revise the license.

2. Within 5 working days from the date on which written request of service enterprise is received, Minister of Labor - War Invalids and Social Affairs shall revise the license.

3. The service enterprise shall not pay fee for revision of license.

Article 14. Reissuance of license

1. When an issued license is lost or damaged, service enterprise shall request Minister of Labor – War Invalids and Social Affairs in writing to reissue the license.

2. Within 5 working days from the date on which written request of service enterprise is received, Minister of Labor - War Invalids and Social Affairs shall reissue the license.

3. The service enterprise shall not pay fee for reissuance of license.

Article 15. Issuance and post of license

1. Within 10 days from the date on which a license is issued, reissued or revised, Minister of Labor - War Invalids and Social Affairs shall upload the license on their website and inform People’s Committee of province where head office of the service enterprise is based in.

2. Within 30 days from the date on which a license is issued, reissued or revised, the service enterprise must openly post copies of license at their head office and upload the license on website of the enterprise.

Article 16. Suspension and revocation of license

1. A service enterprise shall have their issued license suspended and submitted to Minister of Labor – War Invalids and Social Affairs when they:

a) cease to exist as per the law; or

b) cease to provide Vietnamese guest worker service.

2. A service enterprise shall have their license revoked when:

a) Information declared under application for license issuance is fabricated;

b) Eligibility specified under Article 10 of this Law is not properly maintained;

c) The enterprise fails to bring Vietnamese workers abroad for 24 months consecutively for reasons other than natural disasters, conflict, political unrest, economic depression or force majeure which causes foreign countries to be unable to receive foreign workers;

d) The enterprise violates Clauses 1, 2, 5, 6, 7, 8, 11, 12, or 13 Article 7 of this Law;

dd) The enterprise fails to fully satisfy obligations specified under Points c, e, g, h, and i Clause 2 Article 26 of this Law thereby causing severe physical and metal damage to workers.

3. Minister of Labor – War Invalids and Social Affairs shall decide to revoke license; publicize revocation of license within 5 working days from the date on which revocation decision is issued; publicize submission of license on website of the Ministry of Labor - War Invalids and Social Affairs and inform People's Committee of province where head office of the service enterprise is based in.

4. The Government shall elaborate Clause 1 and Clause 2 of this Article.

Article 17. Assigned branches in provision of Vietnamese guest worker service

1. A service enterprise may assign their branches to implement several activities regarding provision of Vietnamese guest workers and be responsible for branches’ operation. Branches are established and functional according to Law on Enterprises.

2. A branch may provide Vietnamese guest worker service if:

a) The branch is assigned by a service enterprise;

b) Head of the branch meets eligibility specified under Point c Clause 1 Article 10 of this Law;

c) The branch has adequate number of professional staff to implement specific tasks;

d) The branch has adequate facilities or is hired to implement specific orientation education tasks.

3. A branch assigned to provide Vietnamese guest worker service must not:

a) sign or liquidate labor supply contracts, broker agreements and Vietnamese guest worker agreements;

b) collect service fee and deposit payments of workers.

4. Service enterprises are responsible for reporting to Ministry of Labor – War Invalids and Social Affairs in writing and updating information on their branches on database system on Vietnamese guest workers within 5 working days from the date on which they assign branches, cease to assign branches or branches cease to operate.

5. Branches assigned to provide Vietnamese guest worker service must openly post decision of service enterprises on assigning the branches and copies of license of the service enterprises at head offices of the branches.

6. The Government shall elaborate Point c and Point d Clause 2 of this Article.

Article 18. Preparation of labor sources

1. Service enterprises shall prepare labor sources prior to registration of labor supply agreements at request of foreign employment receivers or according to cooperation agreements with foreign employment receivers and only after receiving written consensus of Ministry of Labor – War Invalids and Social Affairs.

2. File for preparation of labor sources consist of:

a) Document on preparing labor sources;

b) Copies of written request or cooperation agreements with foreign employment receivers together with certified Vietnamese translation; for foreign parties that cooperate with Vietnamese service enterprises for the first time, attach documents proving permission to employ foreign workers issued by competent authorities of host countries;

c) Labor source preparation schemes which specify number of workers, duration and methods of preparing labor sources;

d) Prioritize selecting workers who have participated in labor source preparation phase.

3. Within 5 working days from the date on which adequate files are received, Ministry of Labor – War Invalids and Social Affairs shall respond to service enterprises in writing and inform People’s Committees of provinces where service enterprises operate in writing to prepare labor sources and update on database system on Vietnamese guest workers; provide reasons in case of rejection.

4. Service enterprises shall prepare labor sources as follows:

a) Prepare shortlists of workers;

b) Provide vocational and foreign language training for workers if necessary and only collect training fees as per the law directly or via cooperation with vocational training facilities and/or employment service organizations.

5. Minister of Labor – War Invalids and Social Affairs shall elaborate Clause 2 of this Article.

Article 19. Labor supply agreements

1. Labor supply agreements are written agreements between Vietnamese service enterprises with foreign employment receivers on conditions, rights and obligations of parties in providing and receiving Vietnamese guest workers.

2. Labor supply agreements must conform to regulations and law of Vietnam and host countries and contain following details:

a) Duration of contracts;

b) Number of workers; field of operation; age of workers;

c) Host countries;

d) Working location if contracts are signed with foreign employers;

dd) Working conditions and environment;

e) Working hours and break time;

g) Occupational safety and hygiene;

h) Salary, wages, other benefits and bonuses (if any); overtime payments; payments taken from salary according to regulations and law of host countries;

i) Living, working and commuting conditions;

k) Medical examination, treatment and reproductive health policies;

l) Social insurance, health insurance, occupational accident and disease insurance;

m) Conditions for premature contract termination by workers and responsibilities for paying damages;

n) Service fee paid by foreign employment receivers (if any);

o) Responsibilities to pay travel cost from Vietnam to work place and vice versa;

p) Responsibilities of parties when workers face risks while working abroad;

q) Responsibilities of parties in dealing with arising issues for workers while working abroad;

r) Mechanisms, procedures and regulations and law on solving conflicts;

s) Other agreements that do not contradict regulations and law and social moral.

3. Minister of Labor – War Invalids and Social Affairs shall elaborate Clause 2 of this Article depending on market, field of operation and specific jobs.

Article 20. Registration of labor supply agreements

1. Service enterprises shall only register labor supply agreements after receiving written consensus of Ministry of Labor – War Invalids and Social Affairs.

2. Application for registering labor supply agreements consists of:

a) Written registration for labor supply agreements;

b) Copies of labor supply contracts together with certified Vietnamese translation;

c) Documents proving compliance with regulations and law of host countries of provision of Vietnamese guest workers.

3. Within 5 working days from the date on which adequate applications are received, Ministry of Labor – War Invalids and Social Affairs shall respond service enterprises in writing or provide reasons in case of rejection; in case overseas appraisal is required, inform service enterprises within 3 working days from the date of receiving appraisal results.

4. Minister of Labor – War Invalids and Social Affairs shall prescribe forms of documents specified under Point a and Point c Clause 2 of this Article.

Article 21. Contracts for provision of Vietnamese guest worker service

1. Contract for provision of Vietnamese guest worker service is an agreement between a service enterprise with worker(s) in terms of rights and obligations of parties in provision of Vietnamese guest worker service.

2. Contract for provision of Vietnamese guest worker service must agree on rights and obligations of each party conforming to contract for labor supply; specify agreed amount of service fee and other charges to be incurred by workers (if any).

3. Minister of Labor – War Invalids and Social Affairs shall prescribe form of contract for provision of Vietnamese guest worker service.

Article 22. Broker agreement and wage according to broker agreements

1. Broker agreement is an agreement between a service enterprise with broker organization(s) and/or individual(s) on finding foreign employment receivers of Vietnamese workers to conclude labor supply contracts according to this Law.

2. Wages under a broker agreement shall be agreed upon by parties and specified under the agreement without exceeding the top limit specified under Clause 3 of this Article.

3. Minister of Labor – War Invalids and Social Affairs shall elaborate top limit of wages under broker agreement for each market, field of operation and profession from time to time that include Vietnamese guest workers.

Article 23. Service fee

1. Service fee is an amount of money received by a service enterprise from a foreign employment receiver and workers to compensate for cost, market research, negotiation, signing of labor supply agreement and management of workers while they are working abroad according to this Law.

2. Service fees collected from workers by service enterprises must:

a) be agreed upon by worker(s) and service enterprises; and

b) not exceed the top limit specified under Clause 4 of this Article; and

c) only be collected once labor supply agreements have been approved by Ministry of Labor – War Invalids and Social Affairs and once contracts for provision of Vietnamese guest worker have been signed; and

d) be collected from workers only in form of the remainder of the service fee which have been partially paid for by foreign employment receivers.

3. In case service enterprises have collected service fees submitted by workers for the entirety of working period agreed upon under contracts for provision of Vietnamese guest worker service and workers must prematurely repatriate due to reasons other than the workers’ faults, service enterprises must return the service fees and interest rates corresponding to the remaining period of contracts for provision of Vietnamese guest worker service.

Interest shall be calculated based on interest rates of demand deposit payments in VND of credit institutions agreed upon by the parties at the time service enterprises repay workers.

4. Top limit of service fees collected from workers shall be prescribed as follows:

a) The top limit of service fee must not exceed 1 month’s worth of salary of workers and shall be collected once every 12 months of working; not exceed 1.5 month’s worth of salary of officers and crew members working on cargo ships and shall be collected once every 12 months of working; In case of contracts for provision of Vietnamese guest service last for at least 36 months, the service fee under such contracts must not exceed 3 months’ worth of salary of workers;

b) In case service fees for extended period of contracts for provision of Vietnamese guest service is agreed upon, the top limit of the service fees for every 12 extended months of working must not exceed 0.5 month’s worth of salary of workers;

c) For specific markets, fields of operation and professions, Minister of Labor - War Invalids and Social Affairs shall elaborate the top limit of service fee below the amounts specified under Point a and Point b of this Clause.

Article 24. Deposit payments of service enterprises

1. Deposit payments of service enterprises shall be deposited in banks and shall be used in case service enterprises fail to adequately execute obligations in provision of Vietnamese guest worker service at request of competent authorities.

Within 30 days from the date on which deposit payments are used, service enterprises must return used amount and ensure the prescribed deposit payment.

2. In the case prescribed under Point b Clause 3 of Article 29 of this Law, deposit payments of service enterprises shall be used by Ministry of Labor – War Invalids and Social Affairs to pay for additional obligations for workers who have not liquidated contracts for provision of Vietnamese guest worker service at the time of transfer; after subtracting banking service fee, any of remaining deposit payments shall be used by service enterprises to pay for other debts according to regulations and law on bankruptcy.

3. The Government shall elaborate deposit payments and management, use thereof and cases in which enterprises are dissolved, having their license revoked or suspended.

Article 25. Deposit payments of workers

1. Service enterprises shall agree with workers on deposit payments to ensure execution of obligations according to contracts for provision of Vietnamese guest worker service according to Vietnamese regulations or agreement with foreign employment receivers.

2. Workers shall agree with service enterprises on depositing deposit payments in escrow accounts of workers at banks.

3. Workers shall receive both the principle and interest of deposit payments when liquidating contracts for provision of Vietnamese guest worker service.

In case workers violate obligations under contracts for provision of Vietnamese guest worker service, deposit payments of workers shall be utilized by service enterprises to pay for damages arising due to workers’ faults; the remaining deposit payments shall be returned to workers; in case of insufficient deposit payments, workers must submit additional deposit payments.

4. In case of conflicts over service enterprises not paying deposit payments, workers have the rights to request Ministry of Labor - War Invalids and Social Affairs or file lawsuits as per the law.

5. The Government shall prescribe the top limit of deposit payments of workers in each market, field of operations and profession, and management, use and return of deposit payments.

Article 26. Rights and obligations of service enterprises

1. Service enterprises have the rights to:

a) execute provisions under Article 9 of this Law;

b) agree with workers on service fees, deposit payments and guarantee for execution of contracts for provision of Vietnamese guest worker according to this Law;

c) unilaterally liquidate contracts for provision of Vietnamese guest worker service after informing in form of registered mails 3 times within 180 days from the date on which workers terminate employment contracts without liquidating or legally authorizing other individuals to liquidate contracts, or within 180 days from the date on which workers extend employment contracts without executing rights and obligations under contracts for provision of Vietnamese guest worker service;

dd) complain and/or file lawsuits against decisions or violations to regulations and law in provision of Vietnamese guest worker service.

2. Service enterprises have the obligations to:

a) execute provisions under Clause 2 Article 15, Clause 1 Article 16, Articles 17, 18, 19, 20, 27, 28, and 29 of this Law;

b) upload on website of service enterprises information on legal representatives; list of professional employees; address of head offices, business locations, and facilities serving orientation education for workers prior to working abroad; decisions on assigning branches and update any change to these contents; documents of Ministry of Labor - War Invalids and Social Affairs approving preparation of labor sources; adequate information on quantity and standard of recruitment, working conditions, rights and obligations of workers according to labor supply contracts; list of workers participating in preparation of labor sources and selected;

c) make written commitment regarding prioritizing workers who have participated in preparation of labor sources of enterprises; in case enterprises fail to comply with the commitment, compensate as per the law; advertise, advise, announce recruitment, provide workers and local governments with accurate information on quantity and standards for recruitment, working conditions, rights and obligations of workers according to labor supply agreements; directly recruit and refrain from charging workers for recruitment; comply with details under approved labor supply agreements;

d) organize and issue certificate for completion of orientation education for workers prior to working abroad according to this Law; instruct workers on participating in social insurance according to regulations and law on social insurance;

dd) make written commitment regarding the period in which workers must wait until migration after being recruited for overseas employment without exceeding 180 days from the date on which workers are recruited; in case of failure to comply with commitment on waiting period due to reasons other than force majeure, compensate as agreed upon and return all expenses paid by workers;

e) manage and protect legal rights and benefits of workers brought abroad for employment by enterprises; employ professional employees capable of managing and assisting overseas workers as prescribed by Minister of Labor – War Invalids and Social Affairs; provide legal assistance in case workers are abused, exploited or discriminated while working abroad;

g) Implement request of competent authorities and cooperate with relevant agencies and organizations of host countries in settling conflicts relating to workers; deal with deriving issues in case workers decease or face occupational accidents, occupational diseases, life-threatening risks, health, self-esteem, dignity, or property risks, natural disasters, diseases, combats, political unrests or emergencies;

h) pay workers for damages caused by enterprises or branches of enterprises as per the law;

i) liquidate contracts for provision of Vietnamese guest worker service within 180 days from the date on which workers terminate employment contracts;

k) consult and assist workers in terms of procedures related to termination of employment contracts, and rights, policies, procedures for repatriating;

l) contribute to fund for overseas employment according to this Law;

m) on an annual basis or irregular basis, report on provision of Vietnamese guest worker service as prescribed by Minister of Labor – War Invalids and Social Affairs;

n) within 5 days from the date on which workers migrate, update information on workers brought abroad by enterprises on database system on Vietnamese guest workers as prescribed by Minister of Labor – War Invalids and Social Affairs until contracts for provision of Vietnamese guest worker service are liquidated.

Article 27. Responsibilities of service enterprises in case of license suspension or revocation

1. In case of license suspension or revocation according to Article 16 of this Law, service enterprises, in addition to not conduct activities and services specified under Clauses 1, 2, 3, and 4 Article 9 of this Law, is responsible for:

a) performing obligations under labor supply contracts and contracts for provision of Vietnamese guest worker service for migrated workers;

b) dealing with issues related to workers who are recruited by enterprises and participating in vocational training, foreign language training or orientation education.

2. Management and use of deposit payments of service enterprises in case of license suspension or revocation shall conform to Article 24 of this Law.

3. Management and use of deposit payments of workers in case of license suspension or revocation shall conform to Article 25 of this Law.

Article 28. Responsibilities of service enterprises in case of dissolution

1. Service enterprises may dissolve only when:

a) they have fulfilled all obligations under valid labor supply agreements and contracts for provision of Vietnamese guest workers service and settle all debts and other obligations as per the law; and

b) they have fully transferred rights and obligations related to provision of Vietnamese guest worker service to other licensed enterprises after reaching a consensus with foreign employment receivers and receiving approval of Ministry of Labor - War Invalids and Social Affairs.

2. Within 5 working days from the date on which dissolution decisions are approved, service enterprises must report to Ministry of Labor – War Invalids and Social Affairs on situations of workers brought abroad for employment by the enterprises and measures for implementing obligations of the enterprises under valid labor supply contracts and contracts for provision of Vietnamese guest worker service and written agreements with receiving service enterprises on rights and obligations for cases specified under Point b Clause 1 of this Article.

3. Transfer of rights and obligations of service enterprises to other service enterprises does not alter rights and obligations under contracts for provision of Vietnamese guest worker service.

When transferring rights and obligations to other service enterprises, service fees and deposit payments of workers and property to enforce execution of guarantee obligations shall also be transferred to receiving service enterprises. Within 5 working days from the date on which rights and obligations are fully transferred, service enterprises must inform Ministry of Labor – War Invalids and Social Affairs and workers.

Article 29. Responsibilities of service enterprises in case of bankruptcy

1. Within 5 working days from the date on which courts issue decisions on initiation of bankruptcy procedures, service enterprises must report to Ministry of Labor – War Invalids and Social Affairs on provision of Vietnamese guest worker service and measures for implementing obligations of the enterprises under valid labor supply contracts and contracts for provision of Vietnamese guest worker service.

2. From the date on which courts issue decisions on initiation of bankruptcy procedures, service enterprises must not provide services specified under Clauses 1, 2, 3, and 4 Article 9 of this Law.

3. In case courts issue decision on declaring bankruptcy of enterprises, transfer of rights and obligations on execution of valid labor supply agreements and contracts for provision of Vietnamese guest worker service shall be prescribed as follows:

a) Service enterprises shall negotiate with other licensed service enterprises in order to transfer rights and obligations after agreeing with foreign employment receivers and receiving approval of Ministry of Labor – War Invalids and Social Affairs regarding transfer measures. Transfer of rights and obligations of service enterprises to other service enterprises does not alter rights and obligations under contracts for provision of Vietnamese guest worker service.

When transferring rights and obligations to other service enterprises, service fees and deposit payments of workers and property to enforce execution of guarantee obligations shall also be transferred to receiving service enterprises. Within 5 working days from the date on which rights and obligations are fully transferred, service enterprises must inform Ministry of Labor – War Invalids and Social Affairs, foreign employment receivers and workers;

b) In case service enterprises fail to agree on transfer of rights and obligations to other service enterprises, transfer all dossiers of current guest workers, worker deposit payments, assets for enforcing execution of guarantee obligations and collected service fee of workers to Ministry of Labor – War Invalids and Social Affairs to deal with rights and obligations of workers brought abroad by the enterprises according to this Law.

Within 5 working days from the day of receiving transfer, Ministry of Labor - War Invalids and Social Affairs shall inform foreign employment receivers and workers according to received dossiers.

Section 2. VIETNAMESE ENTERPRISES AWARDED WITH CONTRACTS OR RECEIVING CONTRACTS FOR OVERSEAS CONSTRUCTION AND PROJECTS BRINGING VIETNAMESE WORKERS ABROAD FOR EMPLOYMENT

Article 30. Eligibility of Vietnamese enterprises awarded with contracts or receiving contracts for overseas construction and projects bringing Vietnamese workers abroad for employment

1. Having agreements on award or receipt of contracts for overseas constructions and projects.

2. Developing measures for bringing Vietnamese workers abroad for employment conforming to regulations and law of Vietnam and of host countries and reporting to Ministry of Labor – War Invalids and Social Affairs according to Article 31 of this Law.

3. Bringing only Vietnamese workers who are working for the enterprises which are awarded or receive contracts to work in overseas constructions and projects according to agreements on contract award or receipt.

Article 31. Reports on bringing Vietnamese workers abroad for employment of Vietnamese enterprises awarded with contracts or receiving contracts for overseas construction and projects

1. Within 20 days before bringing Vietnamese workers abroad for employment, Vietnamese enterprises awarded with contracts or receive contracts for contracts and projects must report to Ministry of Labor – War Invalids and Social Affairs on measures for bringing Vietnamese workers abroad for employment and copies of agreements on award or receipt of contracts for overseas constructions and projects,

2. Measures for bringing Vietnamese workers abroad shall include:

a) Management and use of overseas workers, which clarifies number of workers brought abroad, gender, profession, line of business, working period, working hours, break time, overtime hour, salary, working conditions, living conditions, medical examination and treatment; risk management and implementation of benefits and policies for workers who suffer from occupational accidents, occupational diseases and other rights, benefits related to workers;

b) Repatriating workers in case of natural disasters, diseases, combats, political unrests, economic depression, emergencies or other force majeure.

3. Within 5 working days from the day of receiving measures for bringing Vietnamese workers abroad for employment, Ministry of Labor – War Invalids and Social Affairs shall respond to enterprises in writing or provide reasons in case of rejection.

4. Within 5 working days from the date on which workers travel abroad, enterprises awarded with contracts or receiving contracts must update worker information on database system on Vietnamese guest workers.

Article 32. Rights and obligations of enterprises awarded with contracts or receiving contracts for overseas construction and projects bringing Vietnamese workers abroad for employment

1. Provide adequate and specific information on working conditions, living conditions, rights and benefits of workers working in overseas constructions and projects of enterprises awarded with contracts or receiving contracts.

2. Enable workers to participate in orientation education and receive certificate for completion of orientation education.

3. Directly organize migration, management and utilization of guest workers.

4. Reach an agreement with workers under annex(es) of employment contracts on additional details regarding working period, working hours, break time, overtime hours, salary, working conditions, living conditions, medical examination and treatment and other benefits, policies conforming with measures for bringing Vietnamese workers abroad for employment specified under Clause 2 Article 31 of this Law and regulations and law of Vietnam and host countries.

5. Ensure periodic health check-ups for workers, including reproductive health and medical examination in case workers suffer from illnesses and/or accidents. If workers suffer from illnesses and/or accidents to such an extent that they can no longer work abroad, enterprises are responsible for repatriating workers and incurring relevant costs.

6. Organize transportation of dead body of the deceased workers who work abroad to Vietnam and incur all relevant costs; perform other compensation and benefit policies according to regulations and law of Vietnam.

7. Report and cooperate with overseas Vietnamese diplomatic missions in managing and protecting legal rights and interests of workers who are working abroad.

8. Report after completing contracts overseas and report irregularly at request of Ministry of Labor – War Invalids and Social Affairs.

9. Implement request of competent authorities and cooperate with relevant agencies and organizations of host countries in settling conflicts relating to workers; deal with deriving issues in case workers decease or face occupational accidents, occupational diseases, life-threatening risks, health, self-esteem, dignity, or property risks, natural disasters, diseases, combats, political unrests, economic depressions, emergencies or other force majeure.

Section 3. VIETNAMESE ORGANIZATIONS AND INDIVIDUALS MAKING OUTWARD INVESTMENT AND BRINGING VIETNAMESE WORKERS ABROAD

Section 33. Eligibility of Vietnamese organizations and individuals making outward investment and bringing Vietnamese workers abroad

1. Having outward investment registration certificate.

2. Developing measures for bringing Vietnamese workers abroad for employment conforming to regulations and law of Vietnam and of host countries and reporting to Ministry of Labor – War Invalids and Social Affairs according to Article 34 of this Law.

3. Only bringing Vietnamese workers to work in business facilities and constructions formed by overseas investment of organizations and individuals.

Section 34. Report on bringing Vietnamese workers abroad for employment of Vietnamese organizations and individuals making outward investment

1. Within 20 days before bringing workers abroad for employment, Vietnamese organizations and individuals making outward investment must report to Ministry of Labor – War Invalids and Social Affairs on measures for bringing Vietnamese workers abroad for employment and attach outward investment registration certificate.

2. Measures for bringing Vietnamese workers abroad shall include:

a) Management and use of overseas workers, which clarifies number of workers brought abroad, gender, profession, line of business, working period, working hours, break time, overtime hour, salary, working conditions, living conditions, medical examination and treatment; risk management and implementation of benefits and policies for workers who suffer from occupational accidents, occupational diseases and other rights, benefits related to workers;

b) Repatriating workers in case of natural disasters, diseases, combats, political unrests, economic depression, emergencies or other force majeure.

3. Within 5 working days from the day of receiving measures for bringing Vietnamese workers abroad for employment, Ministry of Labor – War Invalids and Social Affairs shall respond to Vietnamese organizations and individuals making outward investment in writing or provide reasons in case of rejection.

4. Within 5 working days from the date on which workers travel abroad, Vietnamese organizations and individuals making outward investment must update worker information on database system on Vietnamese guest workers.

Section 35. Rights and obligations of Vietnamese organizations and individuals making outward investment and bringing Vietnamese workers abroad for employment

1. Provide adequate and specific information on working conditions, living conditions, rights and benefits of workers working in business facilities and constructions formed by overseas investment of organizations and individuals.

2. Enable workers to participate in orientation education and receive certificate for completion of orientation education.

3. Directly organize migration, management and utilization of guest workers.

4. Reach an agreement with workers under annex(es) of employment contracts on additional details regarding working period, working hours, break time, overtime hours, salary, working conditions, living conditions, medical examination and treatment and other benefits, policies conforming with measures for bringing Vietnamese workers abroad for employment specified under Clause 2 Article 34 of this Law and regulations and law of Vietnam and host countries.

In case of recruiting new workers, sign contracts for provision of Vietnamese guest worker service according to form of contract prescribed by Minister of Labor – War Invalids and Social Affairs and refrain from charging workers with service fees.

5. Liquidate contracts for provision of Vietnamese guest worker service within 180 days from the date on which workers terminate employment contracts.

6. Ensure rights of workers and deal with issues met by workers who are brought abroad by the enterprises.

7. Report and cooperate with overseas Vietnamese diplomatic missions in managing and protecting legal rights and interests of workers who are working abroad.

8. On an annual basis or irregular basis, report on provision of Vietnamese guest worker service as prescribed by Minister of Labor – War Invalids and Social Affairs.

9. Implement request of competent authorities and cooperate with relevant agencies and organizations of host countries in settling conflicts relating to workers; deal with deriving issues in case workers decease or face occupational accidents, occupational diseases, life-threatening risks, health, self-esteem, dignity, or property risks, natural disasters, diseases, combats, political unrests, economic depressions, emergencies or other force majeure.

Section 4. VIETNAMESE ENTERPRISES BRINGING VIETNAMESE WORKERS ABROAD FOR TRAINING, IMPROVEMENT AND ENHANCEMENT

Article 36. Eligibility of Vietnamese enterprises bringing Vietnamese workers abroad for training, improvement and enhancement

1. Having contracts for receiving intern workers with overseas intern receivers to bring Vietnamese workers abroad for training, improvement and enhancement conforming to Article 37 of this Law and approved by competent authorities specified under Article 39 of this Law.

2. Having deposit payments for execution of contracts for receiving intern workers as prescribed by the Government.

3. Bringing only workers who are under overseas employment contracts and vocational training contracts for training, improvement and enhancement at overseas intern receivers according to contracts for receiving intern workers.

4. Professions and careers for which Vietnamese workers are sent to for training, improvement and enhancement must conform to fields of operation of enterprises.

Article 37. Contracts for receiving intern workers

1. Contracts for receiving intern workers are written agreements between Vietnamese enterprises with overseas intern receivers on rights and obligations of parties in providing, receiving workers of enterprises for overseas training, improvement and enhancement.

2. Contracts for receiving intern workers must conform to regulations and law of Vietnam and host countries and contain following details:

a) Intern period;

b) Number of workers; field of operation; age of workers;

c) Intern locations;

d) Intern conditions and environment;

dd) Working hours, break time;

e) Occupational safety and hygiene;

g) Salary, wages;

h) Living conditions, travel conditions;

i) Medical examination and treatment;

k) Social insurance, health insurance, occupational accident and disease insurance, other insurances (if any);

l) Conditions for premature contract termination and responsibilities for paying damages;

m) Responsibilities to pay travel cost from Vietnam to work place and vice versa;

n) Responsibilities of parties when workers face risks during internship period;

o) Responsibilities of parties in dealing with arising issues for workers during internship period;

p) Mechanisms, procedures and regulations and law on solving conflicts;

q) Other agreements that do not contradict regulations and law and social moral.

Article 38. Contracts for overseas vocational training

1. Contracts for overseas vocational training are written agreements between Vietnamese enterprises and their workers regarding craft training, improvement and enhancement.

2. Contracts for overseas vocational training must satisfy the Labor Code and conform to contracts for receiving intern workers.

Article 39. Registration for contracts for receiving intern workers

1. Contracts for receiving intern workers must be registered as follows:

a) Enterprises bringing Vietnamese workers abroad for training, improvement and enhancement under 90 days must register at specialized labor authorities affiliated to People’s Committees of provinces where head offices of the enterprises are based;

b) Enterprises bringing Vietnamese workers abroad for training, improvement and enhancement for at least 90 days must register at Ministry of Labor – War Invalids and Social Affairs.

2. Within 5 working days from the date on which adequate applications specified under Article 40 of this Law are received, competent authorities specified under Clause 1 of this Article must respond to enterprises in writing or provide reasons in case of rejection.

Article 40. Application for contracts for receiving intern workers

1. Application for contracts for receiving intern workers consists of:

a) Written registration for contracts for receiving intern workers;

b) Copies of contracts for receiving intern workers together with certified Vietnamese translation;

c) Documents proving compliance with regulations and law of host countries in bringing Vietnamese workers abroad for training, improvement;

d) Copies of enterprise registration certificates and written proof of enterprise deposit payments according to Clause 2 Article 36 of this Law.

2. Minister of Labor – War Invalids and Social Affairs shall prescribe forms of documents specified under Point a and Point c Clause 1 of this Article.

Article 41. Rights and obligations of Vietnamese enterprises bringing Vietnamese workers abroad for training, improvement and enhancement

1. Enterprises have the rights to:

a) request workers to compensate for damage caused by the workers according to contracts for overseas vocational training;

b) complain and/or file lawsuits against decisions or violations to regulations and law in provision of Vietnamese guest worker service.

2. Enterprises have the obligations to:

a) provide adequate and accurate information on provisions under Clause 2 Article 37 of this Law;

b) sign contracts for overseas vocational training before workers are brought abroad for training, improvement and enhancement;

c) enable workers to participate in orientation education and receive certificate for completion of orientation education;

d) within 5 working days from the date on which workers travel abroad, enterprises must update worker information on database system on Vietnamese guest workers.

dd) manage and protect legal rights and benefits of workers brought abroad from training, improvement and enhancement by the enterprises;

e) report and cooperate with overseas Vietnamese diplomatic missions in managing and protecting legal rights and interests of workers;

g) liquidate contracts for overseas vocational training with workers;

h) compensate workers according to signed contracts and regulations and law on for damage caused by the enterprises;

i) receive and allocate suitable employment for workers who have attended overseas improvement, training and enhancement;

k) deal with worker benefits in case the enterprises dissolve or go bankrupt as per the law;

l) report on provision of overseas training, improvement and enhancement for workers to competent authorities specified under Clause 1 Article 39 of this Law according to Minister of Labor – War Invalids and Social Affairs;

m) implement request of competent authorities and cooperate with relevant agencies and organizations of host countries in settling conflicts relating to workers; deal with deriving issues in case workers decease or face occupational accidents, occupational diseases, life-threatening risks, health, self-esteem, dignity, or property risks, natural disasters, diseases, combats, political unrests, economic depressions, emergencies or other force majeure.

Section 5. SERVICE PROVIDERS PROVIDING VIETNAMESE GUEST WORKER SERVICE

Article 42. Eligibility of service providers providing Vietnamese guest worker service

1. Service providers specified under Clause 3 Article 2 of this Law must be assigned by ministers, heads of Governmental agencies and heads of ministerial agencies in writing to provide Vietnamese guest worker service in implementation of international agreements.

Ministers, heads of Governmental agencies and heads of ministerial agencies shall only assign 1 service provider to provide Vietnamese guest worker service after receiving written consensus of Ministry of Labor – War Invalids and Social Affairs.

2. Heads of providers of Vietnamese guest worker service must have at least university-level education and at least 3 years of experience in provision of Vietnamese guest worker service, international cooperation and employment service.

3. Providers of Vietnamese guest worker service shall operate on a non-profit basis and must not charge workers for service fee.

Article 43. Rights and obligations of service providers of Vietnamese guest worker service

1. Service providers have the rights to:

a) sign labor supply contracts with foreign employment receivers if required by international agreements;

b) recruit, train and sign contracts for providing Vietnamese guest worker service according to regulations of Minister of Labor - War Invalids and Social Affairs;

c) negotiate with workers about deposit payment and guarantee for execution of contract obligations as prescribed by the Government;

d) request workers to compensate for damage caused by infringement of contracts for provision of Vietnamese guest worker service;

dd) complain and/or file lawsuits against decisions or violations to regulations and law in provision of Vietnamese guest worker service;

e) unilaterally liquidate contracts for provision of Vietnamese guest worker service after informing in form of registered mails 3 times within 180 days from the date on which workers terminate employment contracts without liquidating or legally authorizing other individuals to liquidate contracts, or within 180 days from the date on which workers extend employment contracts without executing rights and obligations under contracts for provision of Vietnamese guest worker service.

2. Service providers have the obligations to:

a) report to Ministry of Labor – War Invalids and Social Affairs and supervisory authorities of service providers on provision of Vietnamese guest worker service together with copies of labor supply contracts (if any) and form-based contract for provision of guest worker service at least 15 days before providing Vietnamese guest worker service;

b) provide accurate and adequate information on quantity, recruitment quality, salary, working conditions, rights and obligations of guest workers and upload on website of the service providers;

c) within 5 working days from the date on which workers travel abroad, service providers must update information of workers brought abroad by the service providers on database system on Vietnamese guest workers on a monthly basis.

d) organize orientation education and issue certificate for completion of orientation education for workers;

dd) cooperate with overseas Vietnamese diplomatic missions in managing, protecting legal rights and interests of workers and dealing with arising issues of workers who are working abroad;

e) liquidate contracts for provision of Vietnamese guest worker service within 180 days from the date on which workers terminate employment contracts;

g) on an annual basis or irregular basis, report on provision of Vietnamese guest worker service as prescribed by Minister of Labor – War Invalids and Social Affairs;

h) implement request of competent authorities and cooperate with relevant agencies and organizations of host countries in settling conflicts relating to workers; deal with deriving issues in case workers decease or face occupational accidents, occupational diseases, life-threatening risks, health, self-esteem, dignity, or property risks, natural disasters, diseases, combats, political unrests or emergencies or other force majeure;

i) compensate workers according to signed contracts and regulations and law on for damage caused by the service providers.

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