Chapter III
VIETNAMESE LABORERS GOING TO WORK OVERSEAS
Article 18.- Rights and obligations of laborers going to work overseas through labor-exporting enterprises
1. To be provided with information on labor export policies and legislation; information on recruitment criteria and conditions, contract duration, types of jobs to be done and working places, working and living conditions, wages, extra-time work payment, other allowances (if any), insurance regime and other necessary information under the labor-supply contracts.
2. To be provided with orientation training and education and granted certificates; pay school fees according to law provisions.
3. To sign contracts on working overseas with labor exporting enterprises, to sign labor contracts with foreign employers; to strictly comply with the signed contracts and the internal regulations at work places, residence places. Not to arbitrarily abandon contracts or organize or incite other people to abandon labor contracts.
4. To be guaranteed with interests in the signed contracts according to the laws of Vietnam and the host countries. To be consularly and judicially protected by foreign-based Vietnamese representation offices.
5. To observe the laws of Vietnam and the host countries, to respect customs and practices of, and maintain good relations with, people of the host countries. To strictly observe the States regulations on management of Vietnamese citizens overseas.
6. To pay labor export service charges to labor-exporting enterprises:
Not more than one months contractual wages for one working year. Particularly for officers and crew members on board sea freighters, not more than one and half months contractual wages for one working year;
7. To pay deposit (if any) and implement the escrow or guarantee agreement for labor-exporting enterprises to ensure the performance of contracts on working overseas.
8. To pay income tax according to the laws of Vietnam and the host countries.
9. To participate in the social insurance regime according to the current provisions of Vietnamese laws.
10. To transfer back home their income in foreign currencies and equipment as well as raw materials according to the provisions of Vietnamese laws.
11. To complain, denounce or initiate lawsuits with competent State bodies about violations committed by labor-exporting enterprises; to complain with competent agencies of the host countries about violations committed by employers.
12. To pay damage compensations for labor-exporting enterprises and be handled for contract breaches under the provisions of law.
13. To be compensated according to law provisions by labor-exporting enterprises which breach the contracts.
Article 19.- Rights and obligations of laborers going to work for enterprises contracting to construct works or enterprises making investment overseas
Laborers going to work for enterprises contracting to construct works or investing overseas shall have the rights and obligations under Vietnams labor legislation and the rights and obligations prescribed in Clauses 1, 2, 3, 4, 5, 8, 9, 10, 11, 12 and 13, Article 18 of this Decree.
Article 20.- Rights and obligations of laborers who directly sign contracts with foreign employers
The laborers who directly sign contracts with foreign employers shall have the rights and obligations prescribed in Clauses 3, 4, 5, 8, 9, 10 and 11 of Article 18 and register the contracts according to the provisions in Clause 2, Article 4 of this Decree. The procedures for contract registration shall be stipulated by the Ministry of Labor, War Invalids and Social Affairs.
Article 21.- Extension of labor contracts
1. Vietnamese laborers going to work overseas via labor-exporting enterprises, if being allowed to extend or renew their labor contracts, shall have to report thereon to the enterprises and have the rights and obligations as prescribed in this Decree.
2. The laborers directly signing contracts with foreign employers, if being allowed to extend their expired labor contracts or sign new labor contracts, shall have to report thereon to the Vietnamese representation offices in the host countries and have the rights and obligations as prescribed in this Decree.
Tìm kiếm
Nghị định 81/2003/NĐ-CP (Bản Word)