Chapter II
ENTERPRISES SENDING VIETNAMESE LABORERS TO WORK OVERSEAS
Section I. ENTERPRISES CONDUCTING LABOR EXPORT ACTIVITIES
Article 8.- Subjects entitled to be licensed for labor export activities
Enterprises entitled to be considered for granting of licenses for labor export activities include:
1. State enterprises;
2. Joint-stock companies where the State holds dominant shares;
3. Enterprises of the central bodies of such organizations as Vietnam Fatherland Front, Vietnam Labor Confederation. Vietnam Womens Union, Ho Chi Minh Communist Youth Union, Vietnam War Veterans Association, Vietnam Peasants Association, Union of Vietnamese Cooperatives and enterprises of Vietnam Chamber of Commerce and Industry;
4. Other enterprises to be considered and decided by the Prime Minister.
Article 9.- Conditions for being licensed for labor export activities
1. Having plans for labor export activities of the enterprises under the guidance of the Ministry of Labor, War Invalids and Social Affairs;
2. Having a charter capital of VND 5 (five) billion or more;
3. Having stable working offices, having establishments to provide oriented training and education for laborers who go to work overseas;
4. Having at least 7 (seven) full-time officials of collegial or higher degree in economics, law and/or foreign languages. These full-time officials must have clear backgrounds, good moral qualities, have no criminal records, have not been disciplined in form of caution or heavier penalties in labor export activities;
5. A deposit of VND 500,000,000 (five hundred million) as security at bank.
Article 10.- Procedures for licensing labor export activities
1. The dossiers of application for licenses shall be addressed to the Ministry of Labor, War Invalids and Social Affairs, including:
a) The application for the license, made according to form set by the Ministry of Labor, War Invalids and Social Affairs;
b) The written proposals of the ministries, branches, central bodies of the organizations mentioned at Clause 3, Article 8 of this Decree, provincial-level Peoples Committees which manage the enterprises;
c) Copies of the decisions on establishment of the enterprises and business registration certificates;
d) Documents evidencing the conditions prescribed in Article 9 of this Decree.
2. The licensing time limit
Within 15 working days as from the date of receiving complete and valid dossiers, the Ministry of Labor, War Invalids and Social Affairs shall grant licenses to enterprises. In cases of refusing to grant licenses, it must reply the enterprises in writing and clearly state the reasons therefor.
Article 11.- Suspending, withdrawing licenses for, labor export activities
1. Enterprises shall have their labor export activities suspended and their labor export licenses withdrawn in the following cases:
a) Violating Clause 1, Article 7 of this Decree;
b) Being administratively sanctioned for the third time;
c) Failing to send over 100 laborers to work overseas within 18 months after being granted the licenses;
d) Being dissolved or bankrupted.
2. The Ministry of Labor, War Invalids and Social Affairs shall decide on the suspension and the withdrawal of licenses as prescribed in Clause 1 of this Article.
3. When being suspended from labor export activities, the enterprises shall still have the responsibility to continue managing the laborers they have sent during the time they work overseas under contracts and fulfill the terms in the contracts they have signed with them.
4. When enterprises are dissolved or bankrupted, the agencies managing such enterprises shall have to handle matters related to the laborers they have sent to work overseas under the guidance of the Ministry of Labor, War Invalids and Social Affairs.
Article 12.- Renewing labor export licenses when enterprises change their ownership forms
Enterprises already licensed for labor export activities, when being transformed into one-member limited liability companies, or joint-stock companies where the State holds dominant shares, if conducting their labor export activities with efficiency and not violating the provisions of this Decree, shall have their licenses renewed; the special cases where the State does not hold dominant shares when enterprises are transformed into joint-stock companies shall be considered and decided by the Prime Minister.
Article 13.- Procedures for registration of labor export contracts
1. A contract registration dossier shall include:
a) The contract registration made according to a form set by the Ministry of Labor, War Invalids and Social Affairs;
b) The copy of the labor supply contract signed with the foreign party;
c) Copies of other documents of the laborer- receiving countries.
2. Registration time limit
Within 5 working days after receiving complete and valid dossiers, if the Ministry of Labor, War Invalids and Social Affairs deems that the contracts sent for registration fail to satisfy the prescribed conditions, it shall issue documents disallowing the performance of the contracts.
Article 14.- Rights and obligations of labor exporting enterprises
1. To take initiative in probing the labor market, directly sign and perform labor supply contracts with foreign countries strictly according to the provisions of Vietnamese laws and laws of the labor-receiving countries.
For special jobs and new markets, these shall be done under the guidance of the Ministry of Labor, War Invalids and Social Affairs.
Enterprises are given by the State favorable conditions in probing and developing markets, teaching jobs and foreign languages to laborers and fostering officials directly performing the tasks of labor export in order to raise their capabilities.
2. To register labor export contracts as provided for in Clause 1, Article 4 and Article 13 of this Decree.
3. To publicize criteria and conditions for recruitment of laborers, their rights and obligations.
4. To closely coordinate with localities, production establishments and training establishments in order to create sources of export labor and directly recruit labor; to prioritize the recruitment of policy beneficiaries, poor people; not to collect recruitment charges from laborers.
If 6 months after the recruitment, the enterprises fail to send laborers to work overseas, they must notify the laborers of the reasons therefor; if the laborers have no more demands or the enterprises cannot perform the contracts, they must fully repay them all amounts already paid to the enterprises by the laborers.
5. To organize orientation training and education for laborers before they go to work overseas as provided for by law.
6. To sign contracts with laborers for working overseas; organize the sending of laborers overseas and their return home; to liquidate the signed contracts according to law provisions.
7. To collect and remit the following amounts:
a) To collect labor export service charges from laborers as provided for in Clause 6, Article 18 of this Decree; to remit money into the Labor Export Support Fund according to the provisions in Clause 2, Article 23 of this Decree;
b) To collect the whole amount of deposits (if any) from laborers as provided for in Clause 7, Article 18 of this Decree and remit them into the enterprises accounts opened at State-run commercial banks within 15 days afterwards; to fully repay the deposits and interests thereon to laborers upon their completion of the contracts signed with the enterprises;
In cases where they deem that the prescribed deposits are not enough to pay the compensation, the enterprises may negotiate with laborers on escrow or guarantee measures to ensure the fulfillment of the laborers obligations under the contracts signed with the enterprises and foreign employers. The conclusion and performance of escrow or guarantee agreement shall comply with the provisions of the Civil Code.
c) To collect the social insurance premiums, income tax (if any) from the laborers and remit them to the social insurance agency and the provincial-level tax offices; to preserve and make certification in the social insurance books of laborers.
8. To have responsibility to monitor, manage and protect the legitimate interests of laborers during the time they work overseas under contracts. Depending on overseas labor markets, the enterprises must have officials to manage laborers. In cases where laborers get accidents, occupational diseases or dead, the enterprises shall have to coordinate with the concerned parties to determine in time the causes thereof and settle the regime for the laborers.
9. To pay compensations or request foreign partners to pay compensations for damage caused to laborers by the enterprises or foreign partners according to the laws of Vietnam and the host countries.
10. To initiate lawsuits at peoples courts, claiming compensations for damage caused by laborers who breach the labor contracts according to law provisions.
11. To complain with competent State bodies about acts of law violation in the field of labor export.
12. To make periodical and extraordinary reports as provided for by the Ministry of Labor, War Invalids and Social Affairs.
13. To assign the tasks of labor export to no more than 2 attached units which have offices in different provinces (cities) and report thereon to the Ministry of Labor, War Invalids and Social Affairs.
Section II. ENTERPRISES CONTRACTING TO CONSTRUCT PROJECTS OR MAKING INVESTMENT OVERSEAS AND EMPLOYING VIETNAMESE LABORERS
Article 15.- Conditions for registration of contracts on sending Vietnamese laborers to work overseas
Enterprises contracting to construct projects or making investment overseas and sending Vietnamese laborers to work overseas must satisfy the following conditions:
1. Having contracts for construction of works or investment projects overseas with the employment of laborers from Vietnam;
2. Having plans for performance of contracts approved strictly according to competence.
Article 16.- Procedures for registration of contracts on sending laborers to work overseas
1. A dossier for registration of contracts shall include:
a) The written registration of contracts on sending laborers to work abroad, made according to form set by the Ministry of Labor, War Invalids and Social Affairs;
b) Papers concerning the employment of Vietnamese laborers overseas for the performance of contracts on construction of works or overseas investment projects, including:
- Copy of the provisions of the contracts for construction of works, investment projects related to the employment of Vietnamese laborers overseas;
- Copies of documents of labor-receiving countries, which are related to the reception of foreign laborers;
- Plans on sending Vietnamese laborers to work overseas, regulations related to the laborers interests such as wages, insurance,...
2. Registration time limit
Within 7 working days after receiving complete and valid dossiers, if the Ministry of Labor, War Invalids and Social Affairs deems that the contracts sent for registration fail to satisfy the prescribed conditions, it shall issue documents disallowing the performance of contracts.
Article 17.- Rights and obligations of enterprises contracting to construct projects or making investment overseas and employing Vietnamese laborers
Enterprises having contracts for construction of works or making investment overseas shall have the rights and obligations as provided for by Vietnams labor legislation and the rights and obligations defined in Clauses 3, 5, 6, 8, 9, 10, 11 and 12, Article 14 of this Decree.
Tìm kiếm
Nghị định 81/2003/NĐ-CP (Bản Word)