Chương 1 Nghị định 81/2003/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Regulation scope

This Decree prescribes the conditions for granting and withdrawing licenses for labor export activities; the registration of labor export contracts; the rights and obligations of enterprises sending Vietnamese laborers to work overseas; the rights and obligations of Vietnamese laborers working overseas; the Labor Export Support Fund; the State management over Vietnamese laborers working overseas.

Article 2.- Subjects of application

1. Enterprises allowed to send laborers to work overseas include:

a) Enterprises having licenses for labor export activities;

b) Vietnamese enterprises contracting to construct overseas projects and employing Vietnamese laborers;

c) Vietnamese enterprises investing overseas and employing Vietnamese laborers.

2. Vietnamese laborers going to work overseas in the forms prescribed in Clause 2, Article 3 of this Decree, including laborers, specialists and trainees (hereinafter referred collectively to as laborers).

Article 3.- Principles for, and forms of, going to work overseas

1. Enterprises sending laborers to work overseas must satisfy the conditions prescribed in this Decree.

2. Laborers shall go to work overseas in the following forms:

a) Through Vietnamese enterprises licensed to supply laborers under contracts signed with foreign parties;

b) Through Vietnamese enterprises contracting to construct projects or making investment overseas;

c) Under labor contracts signed directly by individual laborers with employers overseas (hereinafter called personal contracts).

Article 4.- Registration of contracts on sending laborers to work overseas and personal contracts

1. The enterprises prescribed in Clause 1, Article 2 of this Decree must register their contracts on sending laborers to work overseas at the Ministry of Labor, War Invalids and Social Affairs.

2. Laborers going to work overseas in the forms prescribed at Point c, Clause 2, Article 3 of this Decree must register their labor contracts at the provincial/municipal Services of Labor, War Invalids and Social Affairs of the localities where they reside. In cases where laborers are working abroad, they shall make the registration thereof at foreign-based Vietnamese diplomatic missions, consulates or agencies authorized to perform the consular function (hereinafter called foreign-based Vietnamese representation offices).

Article 5.- Agencies performing the State management over Vietnamese laborers working overseas

The Ministry of Labor, War Invalids and Social Affairs shall perform the unified State management nationwide over Vietnamese laborers working overseas.

Article 6.- Law application

1. The sending of Vietnamese laborers to work overseas must comply with the provisions of this Decree and the international treaties which Vietnam has signed or acceded to.

2. In cases where an international treaty which Vietnam has signed or acceded to contains provisions different from those of this Decree, the provisions of such international treaty shall apply.

Article 7.- Prohibited acts

1. Sending Vietnamese laborers to work in areas, to do jobs or work, which are banned by Vietnamese laws and/or laws of the countries receiving laborers.

2. Sending Vietnamese laborers to work overseas in contravention of the provisions in this Decree.