Chương III Nghị định 112/2021/NĐ-CP: Điều kiện hoạt động dịch vụ đưa người lao động đi làm việc tại một số thị trường, ngành, nghề, công việc

Chapter III

REQUIREMENTS FOR PROVISION OF VIETNAMESE GUEST WORKER SERVICE IN SOME MARKETS, PROFESSIONS AND SECTORS

Section 1. REQUIREMENTS FOR SENDING VIETNAMESE WORKERS TO WORK IN TAIWAN (CHINA)

Article 12. Requirements for sending Vietnamese workers to work in Taiwan (China)

The service enterprise shall maintain fulfillment of requirements specified in Article 10 of the Law on Vietnamese Guest Workers and fulfill the following requirements:

1. Having adequate number of professional employees to implement specific tasks and meet the following standards:

a) Having at least 01 professional employee in charge of search and development of overseas labor market, holding at least HSK5 certificate (Chinese proficiency certificate) or equivalent certificate;

b) Having at least 01 professional employee in charge of management of workers, holding at least HSK5 certificate (Chinese proficiency certificate) or equivalent certificate and gaining at least 01 year of experience in sending Vietnamese workers to work in Taiwan (China);

c) Having at least 01 professional employee in charge of orientation education, gaining at least 01 year of experience in sending Vietnamese workers to work in Taiwan (China);

2.  Failing to incur any penalty for violations against regulations on Vietnamese guest workers within 02 years by the date in which the application for introduction to the competent authority of Taiwan (China) is submitted to the Ministry of Labor, War Invalids and Social Affairs.

Article 13. Application and procedures for sending Vietnamese workers to work in Taiwan (China)

1. An application includes:

a) Written application using Form No. 07 under Appendix I attached to this Decree;

b) 01 copy of diploma, foreign language certificate; 01 copy of document proving working experience (employment contract, document on termination of the employment contract or participation in social insurance or a document confirming work experience issued by the former workplace) of the professional employee specified in Clause 1 Article 12 of this Decree.

2. Procedures:

a) The service enterprise shall submit an application in person or by post to the Ministry of Labor, War Invalids and Social Affairs or by online form at www.dolab.gov.vn;

b) Within 05 days from the date of receipt of the complete application as prescribed, the Ministry of Labor, War Invalids and Social Affairs shall send a written introduction of service enterprise to the competent authority of Taiwan (China). In case of refusal, the Ministry of Labor, War Invalids and Social Affairs shall reply in writing and clearly state reasons.

Article 14. Confirmation of list of Vietnamese workers sent to work in Taiwan (China)

1. Before sending Vietnamese workers to work in Taiwan (China), the service enterprise shall submit the list of workers to the Ministry of Labor, War Invalids and Social Affairs for confirmation.

2. Within 05 working days before submitting the application for issuance of visas for the workers, the service enterprise shall send the list of workers (including full name, date of birth, gender, place of permanent residence, passport number/ID card number, phone number of each worker, the receiving country and total estimated costs for exit) under labor supply contracts that have been approved in person or by post to the Ministry of Labor, War Invalids and Social Affairs or by online form at www.dolab.gov.vn.

3. Within 05 days from the date of receipt of the list, the Ministry of Labor, War Invalids and Social Affairs shall consider and confirm the list. In case of failure to make confirmation, the Ministry of Labor, War Invalids and Social Affairs shall reply in writing and clearly state reasons.

Section 2. REQUIREMENTS FOR SENDING VIETNAMESE WORKERS TO WORK IN JAPAN

Article 15. Requirements for sending Vietnamese workers to work in Japan

The service enterprise shall maintain fulfillment of requirements specified in Article 10 of the Law on Vietnamese Guest Workers and fulfill the following requirements:

1. Having adequate number of professional employees to implement specific tasks and meet the following standards:

a) Having at least 01 professional employee in charge of search and development overseas labor market, holding at least JLPT N2 certification (Japanese proficiency certification) or equivalent certificate;

b) Having at least 01 professional employee in charge of management of workers, holding at least JLPT N2 certification (Japanese proficiency certification) or equivalent certificate and gaining at least 01 year of experience in sending Vietnamese workers to work in Japan;

c) Having at least 01 professional employee in charge of orientation education, gaining at least 01 year of experience in sending Vietnamese workers to work in Japan;

2. Meeting standards applicable to service enterprises sending Vietnamese workers to work in Japan under agreement between the Ministry of Labor, War Invalids and Social Affairs and the competent authority in Japan.

Article 16. Application and procedures for sending Vietnamese workers to work in Japan

1. An application includes:

a) Written application using Form No. 08 under Appendix I attached to this Decree;

b) 01 copy of diploma, foreign language certificate; 01 copy of document proving working experience (employment contract, document on termination of the employment contract or participation in social insurance or a document confirming work experience issued by the former workplace) of the professional employee specified in Clause 1 Article 15 of this Decree.

2. Procedures:

a) The service enterprise shall submit an application in person or by post to the Ministry of Labor, War Invalids and Social Affairs or by online form at www.dolab.gov.vn;

b) Within 05 days from the date of receipt of the complete application as prescribed, the Ministry of Labor, War Invalids and Social Affairs shall make approval and send the written approval to the competent authority of Japan. In case of disapproval, the Ministry of Labor, War Invalids and Social Affairs shall reply in writing and clearly state reasons.

Article 17. Requirements for sending Vietnamese workers to work as hospital orderlies in Japan

The service enterprise shall maintain fulfillment of requirements specified in Article 10 of the Law on Vietnamese Guest Workers and fulfill the following requirements:

1. The labor supply contract for sending Vietnamese workers to work in Japan is being executed.

2. The enterprise shall establish a training institution to provide training in skills for hospital orderlies and foreign language; or connect with a vocational institution in joint training that meets the following standards: 

a) Having audio and video devices in service of training in Japanese; and practical rooms equipped with wheelchairs, mobility aids, medical beds, dining tables and chairs, wall-mounted handrails, shower chairs, bathtubs, automatic toilets and medical cabinets in order to provide training in skills for hospital orderlies under the program of Japan.

b) Having at least 01 teacher who provides training in skills for hospital orderlies under the program of Japan.

c) Having at least 01 teacher who teaches Japanese and holds at least JLPT N2 certification (Japanese proficiency certification) or equivalent certificate under the program of Japan.

Article 18. Application and procedures for sending Vietnamese workers to work as hospital orderlies in Japan

1. An application includes:

a) Written application using Form No. 09 under Appendix I attached to this Decree;

b) Images of equipment and devices, and practical rooms specified in Point a, Clause 2 Article 17 of this Decree;

c) 01 copy of nursing diploma of the teacher who provides training in skills for hospital orderlies and 01 copy of JLPT N2 certification of the teacher who teaches Japanese according to regulations in Point b and Point c Clause 2 Article 17 of this Decree.

2. Procedures:

a) The service enterprise shall submit an application in person or by post to the Ministry of Labor, War Invalids and Social Affairs or by online form at www.dolab.gov.vn;

b) Within 05 days from the date of receipt of the complete application as prescribed, the Ministry of Labor, War Invalids and Social Affairs shall make approval so that the enterprise participates in sending Vietnamese workers to work as orderlies in Japan.  In case of disapproval, the Ministry of Labor, War Invalids and Social Affairs shall reply in writing and clearly state reasons.

Article 19. Confirmation of list of Vietnamese workers sent to work in Japan

1. Before sending Vietnamese workers to work in Japan, the service enterprise shall submit the list of workers to the Ministry of Labor, War Invalids and Social Affairs for confirmation.

2. The service enterprise shall send the list of workers (including full name, date of birth, gender, place of permanent residence, passport number/ID card number, phone number of each worker, the receiving country, the employer, professions, and the expected date of exit) under labor supply contracts that have been approved in person or by post to the Ministry of Labor, War Invalids and Social Affairs or by online form at www.dolab.gov.vn.

3. Within 05 days from the date of receipt of the list, the Ministry of Labor, War Invalids and Social Affairs shall consider and confirm the list. In case of failure to make confirmation, the Ministry of Labor, War Invalids and Social Affairs shall reply in writing and clearly state reasons.

Section 3. REQUIREMENTS FOR PROVISION OF VIETNAMESE GUEST WORKERS AS DOMESTIC WORKERS

Article 20. Requirements for provision of Vietnamese guest workers as domestic workers

The service enterprise shall maintain fulfillment of requirements specified in Article 10 of the Law on Vietnamese Guest Workers and fulfill the following requirements:

1. The labor supply contract for sending Vietnamese workers to work in the receiving country is being executed.

2. It is required to have adequate number of professional employees to implement specific tasks and meet the following standards:

a) Having at least 01 professional employee in charge of search and development of overseas labor market, having foreign-language capacity in conformity with the language requirement of the receiving country and gaining at least 01 year of experience in sending Vietnamese workers to work in the receiving country;

b) Having at least 01 standing and professional employee in charge of management of workers in the receiving country, having foreign-language capacity in conformity with the language requirement of the receiving country and gaining at least 01 year of experience in sending Vietnamese workers to work in the receiving country;

c) Having at least 01 professional employee in charge of orientation education, gaining at least 01 year of experience in sending Vietnamese workers to work in the receiving country;

3. The workers shall have experience in working abroad as domestic workers or knowledge of domestic works and foreign-language capacity in conformity with the language requirement of the receiving country under guidelines provided by the Minister of Labor, War Invalids and Social Affairs.

Article 21. Application and procedures for provision of Vietnamese guest workers as domestic workers

1. An application includes:

a) Written application using Form No. 10 under Appendix I attached to this Decree;

b) 01 copy of diploma, foreign language certificate; 01 copy of document proving working experience (employment contract, document on termination of the employment contract or participation in social insurance or a document confirming work experience issued by the former workplace) of the professional employee specified in Clause 2 Article 20 of this Decree.

2. Procedures:

a) The service enterprise shall submit an application in person or by post to the Ministry of Labor, War Invalids and Social Affairs or by online form at www.dolab.gov.vn;

b) Within 05 days from the date of receipt of the complete application as prescribed, the Ministry of Labor, War Invalids and Social Affairs shall make approval so that the enterprise participates in provision of Vietnamese guest workers as domestic workers.  In case of disapproval, the Ministry of Labor, War Invalids and Social Affairs shall reply in writing and clearly state reasons.

Article 22. Confirmation of list of Vietnamese guest workers as domestic workers

1. Before provision of Vietnamese guest workers as domestic workers, the service enterprise shall submit the list of workers to the Ministry of Labor, War Invalids and Social Affairs for confirmation.

2. Within 05 working days before submitting the application for issuance of visas for the workers, the service enterprise shall send the list of workers (including full name, date of birth, gender, passport number/ID card number, the period on which every worker has undergone training in skills for domestic works and foreign language or appropriate working experience, phone number of each worker, the expected date of exit, name and address of the receiving country and the employer) under labor supply contracts that have been approved in person or by post to the Ministry of Labor, War Invalids and Social Affairs or by online form at www.dolab.gov.vn.

3. Within 05 days from the date of receipt of the list, the Ministry of Labor, War Invalids and Social Affairs shall consider and confirm the list. In case of failure to make confirmation, the Ministry of Labor, War Invalids and Social Affairs shall reply in writing and clearly state reasons.

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